CALL 24/7A 40-year-old woman is in hospital in critical condition after being struck by a vehicle on Ouellette Avenue in Windsor this past Sunday morning.
Immediately following the incident, Windsor Police closed a section of Ouellette Avenue to investigate the collision.
What Happened on Ouellette Avenue
The collision happened on June 14, 20206 at around 2:30 a.m. in the 1100 block of Ouellette Avenue.
Police say the woman was crossing the street mid-block when a vehicle struck her. She was transported to hospital, where she remains in critical condition.
According to a news report, the driver got out of his vehicle right after the collision happened. A man who had been accompanying the 40-year-old victim then assaulted the driver, He has been treated for non-life-threatening injuries.
Windsor Police Service Traffic Reconstruction Unit closed traffic along Ouellette Avenue in both directions — between Giles Boulevard and Pine Street — while they investigated the scene, It has since been fully reopened.
Anyone who witnessed the collision or has video footage is asked to contact the Windsor Police Service Traffic Enforcement Unit at 519-255-6700, ext. 7032. Anonymous tips can also be submitted to Windsor & Essex County Crime Stoppers at 519-258-8477 or online at www.catchcrooks.com.
Why Mid-Block Crossings Put Pedestrians at Serious Risk
This collision happened mid-block—away from a marked crosswalk or traffic signal. That detail matters, and not for the reasons many people assume.
Mid-block crossings are common, particularly late at night when intersections feel further apart, traffic seems lighter, and people make quick judgments about whether it’s safe to cross. But those judgments don’t always account for how fast vehicles are actually travelling, how limited visibility is in the dark, or how little time a driver has to react when a pedestrian steps into their path.
Why Drivers Struggle to See Pedestrians Mid-Block
At a marked crosswalk or intersection, drivers are conditioned to watch for pedestrians. Mid-block, they’re not.
Even when drivers are appropriately focusing on the road ahead, they may have very little time to react if a pedestrian appears unexpectedly between intersections. This risk is especially high before dawn, at dusk or in later evening hours when visibility is already reduced.
What Crossing Mid-Block Means Legally
People often assume that crossing mid-block means losing all legal rights after a collision. However, that isn’t true in Ontario.
Ontario follows a contributory negligence framework. Fault can be shared between a driver and a pedestrian based on the circumstances. A pedestrian who crossed mid-block may bear some degree of responsibility, but that doesn’t automatically eliminate their right to compensation.
If a driver was speeding, distracted, or failed to exercise reasonable care, they may still bear significant liability even if the pedestrian wasn’t in a crosswalk.
Every collision is assessed on its own facts.
Frequently Asked Questions About Pedestrian Accidents in Ontario
Pedestrian collisions raise questions that drivers and pedestrians alike often don’t know the answers to until something goes wrong. Here are some of the most important ones.
Can a Pedestrian Pursue Compensation if They Were Crossing Mid-Block?
Yes. Crossing outside a marked crosswalk doesn’t automatically bar a pedestrian from seeking compensation in Ontario. Under Ontario’s contributory negligence rules, fault is apportioned based on the specific circumstances of the collision. The driver’s speed, attentiveness, and ability to avoid the pedestrian are just some of the factors examined. A pedestrian may still recover compensation even if they were partially at fault.
What Happens if Fault is Shared Between the Driver and the Pedestrian?
Ontario’s Contributory Negligence Act allows courts to divide fault between multiple parties. If a pedestrian is found 30 percent at fault and the driver 70 percent, the pedestrian’s compensation is reduced proportionally. The key is that partial fault doesn’t mean no compensation—it means proportional compensation.
What Compensation Can a Seriously Injured Pedestrian Seek in Ontario?
A pedestrian who suffers serious injuries may pursue compensation for various damages, including:
- Medical and rehabilitation expenses, both immediate and long-term
- Lost income and future earning capacity
- Pain and suffering
- The cost of ongoing care and assistance with daily activities
- Other damages resulting from the impact of the injuries on their life
Ontario’s accident benefits system also provides coverage regardless of fault, including income replacement and treatment funding.
Does a Driver Always Have a Duty of Care Toward Pedestrians Outside a Crosswalk?
Yes. Ontario drivers have a duty to exercise reasonable care and attention at all times — not only near crosswalks or intersections. That duty extends to watching for pedestrians wherever they may be. A driver who strikes a pedestrian mid-block is not automatically absolved of responsibility simply because the pedestrian wasn’t in a designated crossing area.
What Should Someone Do if a Family Member is Critically Injured in a Pedestrian Collision?
Check them for injuries and call 911 immediately. Their health and well-being is the first priority. Do not risk moving them in case they have a spinal cord or neck injury. Get contact details of the driver and any witnesses. Police will investigate the scene and gather evidence.
How Long Does a Family Have to File a Claim After a Serious Pedestrian Accident?
Ontario law generally imposes a two-year limitation period from the date of the collision. In cases involving critical or life-threatening injuries, the full picture of the harm may take time to emerge—which makes early legal consultation even more important. Acting early protects your rights and gives your legal team the best opportunity to preserve evidence and build a strong case.
If Someone You Love Was Critically Injured in a Pedestrian Collision
A collision like this changes everything for the person injured and for their family. There is a lot to deal with, especially when the victim sustains critical injuries. Their recovery is primary, but that doesn’t happen overnight, and there are medical costs and many other damages to consider.
Trying to manage an injury case on your own is often overwhelming and can lead to victims or their family members to make mistakes that could cost them thousands.
Our legal team at Greg Monforton & Partners represents seriously injured victims and their families in Windsor-Essex every day. You can trust our experienced pedestrian accident lawyers in Windsor to fully manage your case so you can focus on what matters most.
There are No upfront fees when we represent you. You only pay if we recover compensation for you
Call Greg Monforton & Partners for a free consultation today. (866) 320-4770
