CALL 24/7A 58-year-old man was struck by a motor vehicle Tuesday night while he was attempting to cross Howard Avenue in Windsor. This marks the third pedestrian fatality that has happened on Windsor streets — just since April of this year.
What Happened on Howard Avenue Tuesday Night?
Police received the report about a pedestrian vs. motor vehicle crash at approximately 11 p.m. Tuesday night. Officers responded to the scene of the crash — in the 2800 block of Howard Avenue, just north of the E.C. Row Expressway between Grand Marais Road East and Edinborough Street. Police say the man was attempting to cross the street outside of a marked crosswalk when a vehicle travelling south on Howard Avenue struck him.
On arrival, police observed the 58-year-old man was unresponsive. Essex-Windsor EMS and firefighter crews were providing medical treatment at the scene. Paramedics transported the man to hospital, where he was pronounced dead.
The driver remained at the scene and is cooperating with investigators.
Three Pedestrians Struck and Killed in Six Weeks
This is the third pedestrian killed in Windsor since early April.
- A 65-year-old woman died after being struck by two vehicles on Tecumseh Road East.
- On May 4, a 69-year-old man was fatally struck while crossing Howard Avenue near Charles Street.
Three families in Windsor have lost someone they love in roughly six weeks. That raises serious questions about pedestrian safety—particularly on high-traffic corridors like Howard Avenue.
Understanding the Dangers of Mid-Block Crossings
When a pedestrian is struck outside a marked crosswalk, it’s easy to focus on that detail. But the reality is more complex.
Sometimes crosswalks are too far apart. Sometimes the area is poorly lit or difficult to reach. Sometimes a pedestrian misjudges how much time they have to cross — or they don’t realize how fast traffic is moving.
Drivers still have a duty to watch for pedestrians and avoid collisions when possible — even when someone is crossing outside a crosswalk.
Ontario law recognizes this. Liability in pedestrian collisions isn’t automatic just because someone wasn’t in a crosswalk. What matters — and what will be investigated — is whether both the driver and the pedestrian acted reasonably under the circumstances.
Frequently Asked Questions About Pedestrian Accident Claims
Can a family file a wrongful death claim in Ontario if the pedestrian was crossing outside a crosswalk?
Yes. Crossing outside a marked crosswalk doesn’t automatically bar a wrongful death claim. Ontario follows contributory negligence rules, which means liability can be shared based on the circumstances. If the driver was speeding, distracted, or failed to keep a proper lookout, they may still bear significant fault—even if the pedestrian wasn’t in a crosswalk.
Do I have a claim if the driver who caused a pedestrian crash in Windsor stayed at the scene?
The fact that a driver remained at the scene and cooperated with police doesn’t determine fault or prevent a claim. Staying at the scene is what the law requires. What matters for a civil claim is whether the driver’s actions or inactions caused or contributed to the collision.
How is fault determined for pedestrian vs. MVA collisions in Windsor, ON?
Investigators examine multiple factors: vehicle speed, road conditions, visibility, lighting, driver attentiveness, pedestrian actions, and whether either party could have avoided the collision. Accident reconstruction experts often analyze the evidence to establish what happened and who bears responsibility.
What compensation may be available to surviving family members after a fatal pedestrian accident?
Surviving family members may pursue a wrongful death claim for funeral expenses, loss of financial support, loss of care and companionship, and other damages. Accident benefits may also be available through Ontario’s insurance system regardless of who was at fault.
How long do families have to file a wrongful death claim after a car crash in Windsor, ON?
Ontario law generally gives surviving family members two years from the date of the victim’s death. Missing this deadline can permanently bar a claim. Families should consult with a lawyer right away to protect their legal rights while evidence is still available.
Greg Monforton & Partners Is Ready to Help Windsor Families
Three pedestrian deaths in six weeks may sound like “just” a number, but to the families of the victims, it means dealing with the unimaginable loss of a loved one.
If you have lost a loved one in a pedestrian collision, Greg Monforton & Partners is here to help. Our experienced wrongful death lawyers in Windsor represent individuals of pedestrian and car crash claims for over 45 years.
When we represent you, we leave no stone unturned in our investigation. When needed, we work with closely with accident reconstruction experts, and pursue compensation that accounts for the full impact of your loss.
Worried about the cost? Don’t be – your initial consultation is free, and we charge no upfront fees. We only get paid if you do.
Call our trusted Windsor personal injury law firm today. (866) 320-4770
