(Last Updated On: October 31, 2021)

Road accidents are a common phenomenon nowadays. Every day, millions of people face road accidents that bring them unbound sufferings. But hitting a pedestrian is slightly different from a two-vehicle accident. Especially, pedestrians involved in jaywalking in Canada do not get at fault just because they are pedestrians.


This article offers you detailed information about this, and you’ll know what happens if you hit a pedestrian jaywalking in Canada. Let’s move onward.

What Is Jaywalking?

Jaywalking is a kind of crime committed by a pedestrian on the road. When a pedestrian crosses a street in an undesignated area, it is called jaywalking.

Undesignated area involves the areas where road crossing is prohibited or not permitted for a certain time. It is almost like a slight violation of traffic rules by a pedestrian.

Before the age of 1920, when there were vehicles limited in number, there was no need for this type of traffic rule for jaywalking. But later on, as the number of vehicles has increased, it becomes necessary to establish a pedestrian law.

And jaywalking means violating this pedestrian traffic law.

What happens if you hit a jaywalker in Canada? 

If you hit a pedestrian jaywalking with your vehicle in Canada, almost the same thing happens in a road accident. You must not leave the place after the hit. Rather you should do the same things that you normally do after a road accident.

For example:

You immediately need to inform the local police about the hit. Call the emergency medical services if anyone of you gets severely injured. 

However, to pursue the injuries and damages of both of you, you can start conversing with each other until any emergency service comes. You should take notes of some information about the pedestrian like name, address, contact number, injuries etc.

Another thing is, you can gather necessary evidence from the hitting spot. You might need them if the pedestrian makes a legal complaint against you. In that case, you can take some pictures of your vehicles (especially the damaged parts), the spot, surroundings, traffic signs of that spot and so on.

You can even talk to people who witnessed the hit and are willing to give their witnesses when needed. If possible, collect their names and contact numbers.

The main purpose after the hit is to collect as much evidence as you can. Those will help you strengthen your claims and prove that the pedestrian’s jaywalking is mainly responsible for the accident.

What Punishment Will You Get for It?

Generally, a collision between a vehicle and a pedestrian is treated as an accident between two vehicles. In both cases, the police investigate the issues related to the accident and make an accidental report. And the punishment is also the same for both cases.

But in some specific cases, although the pedestrian was jaywalking, you might become at fault and get sentenced to imprisonment.

Here are a few examples:

Hit and Run

When you hit a pedestrian with your vehicle and do not stop immediately at the spot, it becomes a felony charge for which you might get the sentence of imprisonment.

Vehicular Manslaughter

Despite jaywalking of the pedestrian, if you drive your vehicle recklessly with excessive speed, careless braking, the death of the pedestrian due to your car will treat as a criminal charge by the court.


OUI stands for operating under the influence, and DWI stands for driving while intoxicated. 

Mainly, when driving being drunk with any alcohol, you can not properly control your vehicle. And any accident that occurred out of such situations might bring you the punishment of imprisonment and even license penalties.

Who is at fault if a pedestrian is hit while jaywalking?

This depends upon the state law, and the law varies from state to state. In a general sense, it is mandatory for all citizens to maintain traffic rules, whether they are pedestrians or drivers. 

Generally, if any accident happens just because of jaywalking of a pedestrian, the person might become partially responsible or at fault for the accident.

But the higher portion of the fault goes on the driver’s shoulder. A driver must be careful while driving, maintain traffic rules and control the speed when needed.

The eyes should focus on the road to avoid all kinds of accidents, even if a pedestrian is jaywalking. From that perspective, the driver might also become at fault in such cases.

Final verdict:

Perhaps, now your concept is clear about what happens if you hit a pedestrian in Canada. All you need is to gather sufficient evidence for your favour. Then, Canadian law will decide who is at fault and what the punishment will be. But we highly recommend you to be careful while driving and maintain traffic rules.