Many people assume that pedestrians in Ontario always have the right of way. While the law provides strong protections for pedestrians, particularly at marked crosswalks and intersections, this right is not absolute.
Under Ontario’s Highway Traffic Act, drivers must yield to pedestrians at crosswalks, school zones, and pedestrian-controlled intersections. This includes both marked and unmarked crosswalks, which legally exist at most intersections even without painted lines. However, pedestrians must also obey traffic signals and cannot step suddenly into traffic, even at a crosswalk. Crossing during a red light may result in shared fault if a collision occurs.
Liability in pedestrian-vehicle accidents often involves a careful review of the circumstances. Ontario courts apply contributory negligence, meaning fault can be shared between driver and pedestrian. A pedestrian who jaywalks or crosses unsafely may be partially liable, reducing any compensation they could receive. Conversely, a driver who fails to yield or who drives distracted can be found entirely at fault.
Special protections exist for vulnerable pedestrians, including those with visual impairments using white canes or guide dogs. In these cases, drivers must yield at all times.
Ultimately, the right of way depends on context. Pedestrian safety is a shared responsibility, and both drivers and pedestrians must understand their legal duties. Misunderstanding these rules can result in serious legal and physical consequences.
If you or someone you care about has been injured in a pedestrian accident, the team at JRJ LAW is here to help. Contact us for experienced guidance and support in navigating your legal rights at 1 (844) DIAL JRJ.