Man in Motorized Wheelchair Fatally Struck in Windsor Crash

A man using a motorized wheelchair has died after after being struck by a vehicle at Crawford Avenue and Riverside Drive West in Windsor, Ontario.

Intersection of Crawford Avenue and Riverside Drive West Remained Closed for Hours

Windsor police received a report of a crash at the intersection of Crawford Avenue and Riverside Drive West around 7 p.m. on Sunday, October 4, according to CTV News Windsor. Police say during an early review of the incident, they determined a 73-year-old man in a motorized wheelchair was heading south across Crawford Avenue when a vehicle travelling west on Riverside Drive West struck him. He was taken to hospital with life-threatening injuries, where he was pronounced dead.

The driver involved stayed at the scene. The intersection at Crawford Avenue and Riverside Drive West remained closed for several hours to allow Windsor Police Service Traffic Reconstruction Unit to attend the scene.

An investigation into the cause of the crash is ongoing. Police ask anyone with information or video of the crash to contact the Traffic Enforcement Unit or Windsor and Essex County Crime Stoppers.

How Ontario Law Treats People Who Use Wheelchairs on the Road

In Ontario, a person using a wheelchair on the road is treated as a pedestrian. OPP guidance on mobility devices says these devices need no licence, plates or insurance, and their users follow the rules that apply to pedestrians.

The Highway Traffic Act defines a wheelchair as a chair on wheels that is designed for someone with limited mobility and is operated by muscular or other power.

Drivers owe pedestrians a duty of care. Canadian courts have long held that motorists remain alert for pedestrians and drive at a speed that leaves time to respond. In practice, a driver is expected to:

• Scan crossings and corners: Look for people of every height and speed, including someone seated in a wheelchair.
• Match speed to the situation: Travel at a speed that leaves time to stop if someone enters the road.
• Yield where the law requires: Give way to pedestrians and people in wheelchairs at crossings and intersections.
• Check for blind spots: Look past parked vehicles, posts and corners before moving through an intersection.

Why Pedestrians Who Use Mobility Devices Face Added Risk

The law expects drivers to take extra precautions when driving around intersections and crossings. Pedestrians have no protective structure around them, so a collision sends its full force directly to the body. For a person using a mobility device, like a wheelchair, there are other factors added to that risk.

• Lower seated profile: A person seated in a wheelchair sits lower than a standing pedestrian, which can make them harder to see from a vehicle.
• Longer time in the road: Crossing a wide road or intersection can take longer, which keeps a person in the path of traffic for more time.
• Less room to move away: A person in a wheelchair may not be able to get clear quickly if a vehicle approaches.
• Long-term care needs: Serious injuries can lead to ongoing care, rehabilitation and equipment needs.

What Insurance Applies When a Pedestrian Is Struck by a Vehicle in Ontario

A pedestrian struck by a vehicle can claim no-fault accident benefits, even without owning a car. If the pedestrian has an auto policy, or is covered under a family member’s policy, the claim generally starts there. Otherwise, it generally goes to the insurer of the vehicle that struck them, as set out in FSRA’s accident benefits application. When no insurer can be identified, the Motor Vehicle Accident Claims Fund can step in.

Benefits That Still Apply to Pedestrians

Medical, rehabilitation and attendant care benefits remain mandatory in every Ontario auto policy. Insurance Bureau of Canada confirms they still apply to uninsured pedestrians and cyclists.

What Changed on July 1, 2026

As of July 1, 2026, other accident benefits became optional. Insurance Bureau of Canada says optional benefits apply only to the named insured, their spouse, their dependants and listed drivers. Pedestrians and cyclists outside those groups are not covered for them.

These optional benefits include:

• Income and caregiving: Income replacement, non-earner and caregiver benefits.
• Household and education: Housekeeping and home maintenance, and lost educational expenses.
• Family-related: Expenses of visitors, and death and funeral benefits.
• Personal items: Damage to personal items.

Recently, our managing partner, Joanna Sweet, discussed how these changes affect pedestrians and cyclists in a radio interview on Ontario’s auto insurance changes.

How a Lawyer Can Help After a Pedestrian Crash

A pedestrian crash can involve two separate claims, each with its own rules and deadlines. A personal injury lawyer helps injured pedestrians, and the families of those who do not survive their injuries, with both. The practical support includes:

• Starting benefits on time: Ontario generally requires notice to the benefits insurer within 7 days of the crash and a completed application within 30 days of receiving the forms. A lawyer helps make sure neither deadline is missed.
• Disputing denied or reduced benefits: Insurers can deny or limit a benefit. A lawyer can challenge that decision within the time the law allows.
• Documenting long-term needs: Serious injuries can mean ongoing attendant care, rehabilitation and mobility equipment. A lawyer can work with treating professionals so those needs are recorded for the claim.
• Pursuing the at-fault driver: Benefits do not cover every loss. A lawyer can pursue the driver for other losses, such as pain and suffering depending on the injuries, and for the cost to repair or replace a damaged mobility device.
• Meeting the lawsuit deadline: Crash victims, including pedestrians, are given two years under Ontario’s statute of limitations, to bring a lawsuit. Missing that window can permanently end the right to pursue any compensation for your damages.

Speak With Our Team About Pedestrian Crash Claims

Benefit deadlines start running on the date of the crash and injuries, long before any lawsuit is filed. Despite the two-year filing deadline, it is critical to seek legal help sooner than later. Evidence is quickly cleared away, overwritten or, in the case of witnesses, forgotten.

At Greg Monforton & Partners, helping people is what we do every day. We are honoured to represent injured victims and their families in Windsor and throughout Essex County.

When our car accident lawyers in Windsor manage your case, you pay no upfront fees or out-of-pocket costs. We work diligently to secure full and fair compensation, and we only get paid if we are successful.

Call Greg Monforton & Partners today at (866) 320-4770.
Let our family help yours.