Pedestrian Accident Lawyers in Ontario
When a vehicle strikes a person on foot, there is nothing to absorb the blow, and the injuries are almost always severe. Azimi Law and Naimark Law Firm are Ontario trial lawyers who help injured pedestrians claim the accident benefits they are owed — even if they do not own a car — and pursue full compensation from the driver who hit them.
You Don't Need to Own a Car to Be Covered.
One of the most damaging misunderstandings after a pedestrian collision is the belief that, without a car or auto policy of your own, you have no insurance to turn to. That is wrong. In Ontario, a pedestrian struck by a vehicle is entitled to no-fault accident benefits — the question is simply which insurer pays. The benefits can come from the insurer of the vehicle that hit you, from the auto policy of someone in your household, or, where no policy responds, from the Motor Vehicle Accident Claims Fund.
That matters enormously, because pedestrian injuries tend to be catastrophic. A person on foot has no protection against the mass and speed of a car. The result is often traumatic brain injury, spinal cord damage, internal trauma, pelvic and leg fractures, and lengthy hospitalization. These are claims that require funding for treatment now and a tort claim to recover the lifelong cost later.
Ryan Naimark spent close to twenty years defending insurers before he turned to representing injured people. He knows how these claims are scrutinized, where adjusters push back, and what evidence makes them pay fairly — and that experience now works only for you. Combined with Ben Azimi's courtroom advocacy, it gives our clients a real advantage.
Drivers and their insurers sometimes try to shift blame onto the pedestrian — claiming you crossed mid-block, stepped out suddenly, or wore dark clothing. Ontario law places a heavy responsibility on drivers to watch for people on foot, and we use scene evidence, signal timing, and witness accounts to hold the right party accountable.
No Win. No Fee. Our legal fees are a percentage of your recovery, and the firm funds the disbursements that build your case. If we recover nothing for you, you owe nothing in legal fees.
Types of Pedestrian Accident Claims We Handle
How and where a pedestrian is struck determines who is liable and how the case must be proven. These are the collisions we see most frequently.
Crosswalk & Intersection Strikes
Pedestrians have the right of way in marked crosswalks and on a walk signal, yet drivers routinely fail to stop. We obtain signal timing, surveillance footage, and witness statements to establish that you were lawfully crossing.
Failure to Yield Right-of-Way
A driver turning across your path or rolling through a stop sign can strike a pedestrian who did everything right. Ontario's Highway Traffic Act assigns clear duties to yield, and we use them to fix responsibility.
Reversing & Parking-Lot Collisions
Low-speed does not mean low-harm. Vehicles backing out of driveways and parking spaces strike pedestrians who are out of view, causing serious falls and crush injuries. These cases often hinge on what the driver could and should have seen.
Distracted & Impaired Drivers
A driver looking at a phone or impaired by alcohol or drugs may never see the person ahead. We gather phone records, dashcam video, and police findings to prove fault and, where the conduct warrants it, press for additional damages.
Hit-and-Run & Uninsured Drivers
If the driver flees or carries no insurance, you may still recover — through a household auto policy's uninsured coverage or the Motor Vehicle Accident Claims Fund. Prompt reporting is essential, so call as soon as you can.
Catastrophic & Fatal Collisions
When a pedestrian suffers paralysis, brain injury, amputation, or death, the case demands the highest level of preparation. We pursue catastrophic-impairment designation and advance Family Law Act claims for surviving family.
Compensation Available After a Pedestrian Accident
Your recovery is drawn from two sources — accident benefits and a tort claim against the driver. We pursue every category you qualify for under both.
Income Replacement
Accident benefits can replace part of your lost income while you cannot work, and a tort claim can recover past and future income loss and reduced earning capacity in full from the at-fault driver.
Medical & Rehabilitation
Funding for hospital care, surgery, physiotherapy, assistive devices, and home modifications. Non-catastrophic limits apply to most claims, while a catastrophic designation lifts the limit to $1,000,000.
Attendant Care
If your injuries leave you dependent on others for personal care, attendant care benefits fund that help — and become considerably more generous once an injury is deemed catastrophic.
Pain & Suffering
Non-pecuniary damages for the physical and emotional toll of the injury, recovered through the tort claim where the harm meets Ontario's threshold and clears the statutory deductible.
Future Care Costs
The projected lifetime cost of treatment, attendant care, equipment, and support beyond what benefits will pay — frequently the largest portion of a serious pedestrian claim.
Family Law Act Claims
Spouses, children, parents, grandparents, and siblings may claim for the loss of an injured or deceased loved one's care, guidance, and companionship, and for services they now provide.
The Legal Process & Critical Deadlines
Pedestrian claims often involve severe injuries and long hospital stays, which makes it easy for deadlines to slip past unnoticed. The single most protective step is an early call.
Get Medical Care & Document Everything
Your treatment comes first, and the medical record it creates becomes the proof of how serious your injuries are when the claim is later valued.
Identify the Right Insurer & Notify — 7 Days
A pedestrian's benefits may come from the striking vehicle's insurer, a household auto policy, or the Fund. Notice should reach the benefits insurer within about seven days, with the OCF-1 application generally due within 30 days of receiving the forms.
Preserve Tort Rights — 120-Day Notice
Written notice of an intention to sue the at-fault driver must be given within 120 days of the collision under the Insurance Act. We handle this for you.
Investigate & Build the Case
We secure police reports, intersection and surveillance footage, vehicle data, and medical opinions while the evidence is still available.
Negotiate From Strength — or Go to Trial
We pursue full settlement while preparing each file for court. Insurers offer fairly when they see a claim is genuinely trial-ready.
Two-year limitation. A tort claim in Ontario must generally be commenced within two years of the collision under the Limitations Act, 2002, and shorter notice periods apply to your accident benefits and your right to sue. If the vehicle was never identified, special reporting rules apply. Call before a deadline takes the decision out of your hands.
Why Injured Pedestrians Choose Azimi Law & Naimark Law Firm
Insider Knowledge of Insurers
Ryan Naimark spent 20 years defending insurance companies. He understands how they assess and resist these claims, and that knowledge now drives how we build and pursue yours.
We Are Trial Lawyers
We prepare every file for the courtroom, not just for a settlement meeting. That preparation is what convinces insurers to make a serious offer.
Two Firms, Combined Depth
Azimi Law and Naimark Law Firm work together so your claim carries the resources, experience, and bench strength of two established Ontario practices.
No Win, No Fee
There is nothing to pay up front and no legal fee unless we recover for you. We fund the disbursements needed to advance your case.
Frequently Asked Questions
I don't own a car. Can I still claim accident benefits?+
Yes. In Ontario a pedestrian struck by a vehicle is entitled to no-fault accident benefits even without owning a car or an auto policy. The benefits typically come from the insurer of the vehicle that hit you, from the auto policy of someone in your household, or from the Motor Vehicle Accident Claims Fund where no policy responds. We determine which insurer is responsible and pursue your benefits there.
The driver says I stepped out suddenly. Does that end my claim?+
Not necessarily. Ontario uses a contributory negligence system, so even if you share some responsibility, your compensation may be reduced rather than eliminated. Drivers owe a high duty of care to watch for pedestrians. Insurers often allege the pedestrian was at fault to reduce what they pay, and we test that claim with scene evidence, signal timing, and witnesses.
What if the vehicle that hit me drove off or had no insurance?+
You may still recover. Compensation can come from the uninsured coverage on a household auto policy or from the Motor Vehicle Accident Claims Fund where no other insurance is available. These claims involve specific reporting and procedural steps, so it is important to contact us quickly after the collision.
Why are pedestrian injuries treated so seriously?+
Because a person on foot has no protection against a vehicle's mass and speed, pedestrian collisions frequently cause catastrophic harm — brain injury, spinal cord damage, internal trauma, and multiple fractures. Severe injuries also affect how the claim is handled, because they may meet the catastrophic-impairment definition that unlocks the highest benefit limits.
What does a catastrophic impairment designation change?+
Catastrophic impairment is a defined category under Ontario's accident benefits rules covering the most severe outcomes, such as paraplegia, certain brain injuries, amputations, a high level of whole-person impairment, and serious mental-behavioural impairment. The designation raises the available medical, rehabilitation, and attendant care limits to $1,000,000. We pursue it with supporting medical evidence when an injury qualifies.
Ontario's accident benefits are changing on July 1, 2026 — how does that affect me?+
As of July 1, 2026, Ontario is making several accident benefits optional rather than automatic. Medical, rehabilitation, and attendant care remain mandatory, while benefits such as income replacement may depend on the coverage in place. For a pedestrian, the benefits available generally depend on the policy that responds to the claim on the accident date. We review the relevant coverage and pursue every benefit available to you.
How long do I have to start a pedestrian accident claim?+
The general limitation period is two years from the collision, but earlier deadlines come first — about seven days to notify the benefits insurer, 30 days for the application, and 120 days to give notice of a tort claim against the driver. These periods are strict, so the safest course is to call promptly so nothing lapses.
What does it cost to hire you?+
Nothing up front. We work on a contingency fee basis, so our legal fee is a percentage of what we recover, and the firm funds the disbursements needed to advance your case. If there is no recovery, you owe no legal fees. We explain the agreement in plain language before you sign anything.
Struck While Walking? Talk to a Trial Lawyer.
Free consultation. No obligation. No win, no fee. Available 24 / 7 / 365.