Injured cyclists may be vulnerable on the road, but with the right bicycle accident lawyer, they can find themselves in a much stronger position when asserting their rights following an accident.
Anyone who regularly rides a bike on the streets of the Greater Toronto Area is aware of the risk cyclists face on a daily basis. Less frequent riders get plenty of their own reminders as well since there is rarely long to wait before a cycling calamity catches the attention of local news outlets and social media users.
Grim statistics
In the first half of 2024 alone, four cyclists were killed on the roads of Toronto, while another 10 were seriously injured, according to data collected as part of the city’s Vision Zero project, which aims to eliminate traffic-related deaths and severe injuries.
Over the longer term, cyclists are estimated to account for around 14 per cent of traffic fatalities in Toronto. Meanwhile, a major research project undertaken by York University and Toronto Metropolitan University academics revealed that cycling injuries resulted in an astonishing 30,000 emergency room visits in the region between 2016 and 2021, including around 2,300 incidents that required police attendance.
These statistics confirm that cyclists are among the most vulnerable road users. Regardless of how many miles of dedicated bike lanes our municipalities construct or how many safety precautions cyclists take, it’s impossible to eliminate the danger of being struck by a driver following too closely, distracted at the wheel or under the influence of drugs or alcohol.
Accident benefits are not just for drivers
Cyclists are often surprised to learn that they have many of the same legal rights as other road users in motor vehicles.
Under Ontario’s no-fault insurance regime, accident benefits, which cover lost income and medical or rehabilitation expenses, are available in most circumstances to anyone whose injuries can be attributed to a motor vehicle accident, including those in bicycle accidents.
That means that cyclists who were injured after being hit by a door, cut off by a driver, struck by a car, or in any other kind of interaction with a motor vehicle could be covered under their own car insurance, even though they weren’t actually in a vehicle at the time of the incident. Cyclists without car insurance can typically obtain these same benefits through the policy associated with the owner of the vehicle involved.
The reverse onus: cyclists’ legal advantage
Injured cyclists and their families may also be able to launch a tort claim, seeking damages for pain and suffering, future income loss and care costs, among other expenses, against a driver who was partially or entirely to blame for their injuries.
In a typical car accident tort case, the onus is on the plaintiff driver to prove the defendant driver’s negligence. However, Ontario’s Highway Traffic Act lightens the load for cyclists injured by a motor vehicle on a public road by reversing the onus so that the burden is on the defendant driver to prove that they were not negligent. Instead, plaintiff cyclists can focus their legal energy on boosting their case with the help of evidence from medical experts and other specialists.
Still, it’s important to remember that a judge could assign some or all the blame for the accident to the cyclist, which would reduce the amount of compensation an injured cyclist could receive. Cyclists can minimize the chances of this finding by ensuring they obey the rules of the road by stopping and signaling at the appropriate times and using bike lanes where they are available. Evidence of other safety precautions, including the use of a helmet, bike light or reflective clothing, could also be taken into consideration by a judge assessing liability.
Next steps after a bicycle accident in Oakville
If you are unlucky enough to be involved in a bicycle accident, your first priority should be your health and safety. Get yourself out of harm’s way and call the police and other emergency services if they are required.
Regardless of how you feel in the moment, it’s usually a good idea to see a doctor or other medical professional. Even if you feel fine, the adrenalin is likely to be pumping in the immediate aftermath of a crash, which means it could take some time for you to notice the full extent of your injuries.
If it’s safe to do so, take photos of the accident scene and any obvious physical injuries. Ask any witnesses who saw the collision or stopped to assist you for their contact information.
Additional items on your checklist should be a call to an experienced bicycle accident lawyer in Oakville who will fight to ensure you get the benefits and compensation you deserve.
If you have been injured in a bicycle accident, feel free to contact me or another member of the law team at Edwards Pollard LLP. Call us for a free consultation at (289) 529-0404.
