All drivers of motor vehicles and bicycles must stop and yield the roadway at all pedestrian crossovers, until the person is completely off the roadway. Only when pedestrians and school crossing guards have crossed and are safely on the sidewalk can drivers and cyclists proceed.
At crosswalks, designated intersections, and other pedestrian crossings, pedestrians have the right of way as long as they are abiding by the law. All drivers must wait until a pedestrian has safely crossed the street when turning right or left at an intersection. Two-thirds of Canadian pedestrian accidents are caused by drivers who do not take proper care to avoid pedestrians crossing the street, or who fail to obey their duty of care. Under the Ontario Highway Traffic Act, in pedestrian accident cases, the driver who struck the pedestrian is required to prove that they exercised their duty of care and did not intentionally or negligently strike the individual.
When an individual crosses the road outside of a crosswalk or dedicated crossing area, they are jaywalking. This is not illegal as long as the pedestrian is not interfering with road traffic and is crossing in a safe spot, free from oncoming vehicles. Both parties could be found at fault when an accident occurs because the pedestrian is jaywalking. However, the burden of proof is on the driver of a motor vehicle under a reverse onus clause. Due to the nature of the difference in size between the motor vehicle and the pedestrian, drivers are often held liable in pedestrian accident cases that involve jaywalking.