Bicycle Accident Lawyer
Consistently ranked as a Top 10 Personal Injury Law Firm in Ontario by Canadian Lawyer Magazine.
Cycling is a popular pastime and mode of transportation for many. While it cuts down on emissions and promotes health, navigating roadways on a bicycle comes with inherent risks. Cyclists are often perceived as vehicles, expected to adhere to the same road rules. However, when dealing with legal concerns, these riders are categorized as pedestrians. Understanding these dynamics is crucial when navigating legal matters related to bicycle accidents.
Circumstances Surrounding Bike Accidents
Despite available facilities like sidewalks, designated bike lanes, and wide shoulders, it’s not uncommon for cyclists to face hazards on the roads. Instances of drivers neglecting to check mirrors or blind spots, illegally parking in bike lanes, encroaching on the cyclists’ space, or tailgating can all contribute to bicycle accidents. Although cyclists are advised to maintain constant vigilance, accidents can still occur. If you find yourself injured in a bike-related collision, consulting a legal professional specializing in bicycle accidents may be beneficial.
Bike Accident Statistics
Analyzing the patterns of bicycle accidents can aid both cyclists and drivers in understanding how to prevent such incidents. For example, peak bicycle accidents are often reported during evening rush hours,1 primarily due to the decreased visibility of cyclists amidst heavy traffic. The absence of dedicated bike lanes in certain areas can increase the likelihood of accidents as drivers may not anticipate sharing the road with cyclists.
Numerous bicycle injury statistics highlight the dangers that can be associated with inattentive drivers. Annually, about 73% of bicycle accidents that result in a fatality also involve a motor vehicle. However, these collisions have been rising since the start of the COVID-19 pandemic as many citizens are opting to ride their bikes rather than drive.
Bicycling Laws in Ontario
The Highway Traffic Act of Ontario declares that a bicycle should be treated the same way as a motor vehicle in most settings. This ensures that cyclists have defined rights and obligations when maneuvering on roads. Drivers are mandated to recognize and respect the space cyclists require and are responsible for being attentive to the presence of cyclists, especially at intersections, on sidewalks, near curbs, and in bike lanes.
Cyclists have a duty to enhance their visibility, adhere to road traffic regulations, and yield to vehicles when the latter have the right of way. Conversely, drivers are required to recognize bicycles as another vehicle. This means respecting the cyclist’s right of way when appropriate, ensuring a safe distance during overtaking, and taking special care during turns to prevent cutting off or colliding with a cyclist.
Types of Bicycle Accidents
Similar to various types of car accidents, there are several common types of bicycle collisions. Bicycle accidents get these monikers because of the frequency of which they happen and how they happen. While riding a bike, the possibilities of getting in an accident include:
Dooring
Dooring occurs when a driver in a parked vehicle doesn’t check for oncoming traffic when opening the driver-side door. If a cyclist is approaching, they may not be able to stop in time to avoid crashing into the door.
Hooking
Two types of accidents, known as the right hook and left hook, refer to drivers cutting cyclists off when making a turn. The cyclist doesn’t see the vehicle cross their path and collides with it.
Failure-to-Yield
There are two typical scenarios here. First, a cyclist mistakenly enters an intersection disregarding a traffic signal or sign. In the second scenario, a motorist, possibly distracted, doesn’t yield as required and collides with the cyclist within the intersection. According to one study, bicycle accidents have a higher likelihood of occurring in intersections compared to other road areas.
Potential Catastrophic Injuries
Unfortunately, when cyclists are injured in an accident, they tend to be in a far worse position than the driver of the vehicle. With just a helmet for protection, cyclists are more vulnerable to physical harm. As a result, these injuries tend to be slightly different than the ones seen in victims who are involved in car accidents.
Cyclists might face a range of catastrophic injuries, including:
- Broken bones, due to forceful impacts that can eject a cyclist from their bike.
- A head injury like a concussion, which can still occur even with a properly secured helmet. Based on one scientific study, cyclists who had previously been in accidents reported having more than 77% of symptoms associated with concussions.2
- Falling on the pavement or gravel may cause severe lacerations, like road rash, that turn into disfigured scars.
- Spinal cord injuries are not uncommon and can cause some of the most significant impacts on your life. Specifically, cervical spine injuries are of increased concern following a bicycle accident.3
One study found that cyclists involved in accidents are at a higher risk for multi-traumas, meaning more than one severe injury as a result of a collision.
A Bicycle Accident Case Explained
What to Do When You’re Involved in a Bicycling Accident
If you’re hit when cycling, seeking medical attention is essential, even if you don’t feel the need for it. The adrenaline running through your body may mask the symptoms of real pain and trauma, and it is better to have your injuries looked over by a doctor. If circumstances allow, document the accident scene and gather contact information from witnesses. This can help you prove the driver was at fault for the accident should you decide to take them to court.
Circumstances Surrounding Bike Accidents
Recovering from a Bicycle Accident
After your accident, you may be required to stay in the hospital for an extended period of time while medical professionals monitor your injuries. Depending on your ailments, you may need surgeries and therapy to help restore your health in some way. In other cases, you might find yourself unable to return to work or support your family like you once did, causing extensive difficulties resulting from your injuries. While recovery should be the most important thing you are worried about, it can also weigh on your responsibilities and make things even harder.
Hiring a Seasoned Bicycle Accident Lawyer
At Bergeron Clifford, we believe that cycling should not be hazardous to your health or well-being. We have found that many bicycle accident victims are relatively young and healthy, but due to a collision, they may need long-term care and compensation for life-altering injuries. Our lawyers will give your case the care it deserves. This includes:
- Ensuring that your case is viewed with an understanding of your rights as a cyclist.
- Ensuring that you are not blamed unreasonably and that the person who harmed you is held accountable.
- Helping you with insurance issues if you have no coverage of your own.
- Sending you to the right professionals for evaluations and care.
Navigating the difficulties surrounding a legal case of this nature may feel nearly impossible to do on your own. However, with a bicycle accident attorney, you can rest assured they have the knowledge when it comes to these kinds of incidents and the specifics your case might present. Whether your accident resulted from road hazards or a driver, our team at Bergeron Clifford is ready to help.
Being uninformed about cyclist rights can lead to potential disadvantages, especially when dealing with insurance firms or law enforcement. We can construct a compelling case that highlights the unsafe conditions you faced and their lasting impact, aiming to secure appropriate compensation. For more information on our services, reach out to us today.
Contact Us Today
If you or a loved one has been injured in a bicycle accident , our team at Bergeron Clifford is ready to help you through this difficult time and fight for your rights. We offer compassionate and skilled legal services to ensure you receive the fair compensation you deserve.
Time is of the essence when it comes to pursuing a personal injury claim following a bicycle accident. That’s why we are committed to providing you with the information you need to make informed decisions about your case. For more information on our services, please contact us.
Frequently Asked Questions
After a bicycle accident, you may be eligible to pursue various types of compensation tailored to your specific case. The goal of seeking compensation is to assist you in recovering physically, emotionally, and financially from the impact of the accident. Some common types of compensation that individuals often pursue include medical expenses, rehabilitation costs, lost wages, pain and suffering, property damage, and future expenses related to sustained injuries.
In Ontario, the timeframe to file a bicycle accident claim is determined by the provincial statute of limitations. It is essential to understand these limitations and consult with a bicycle accident lawyer promptly to ensure your claim is filed within the required timeframe.
In general, under Ontario law, the statute of limitations for a personal injury claim arising from a bicycle accident is two years from the date of the accident. Consulting with our legal team, we can assess the specifics of your case, gather necessary evidence, and file your claim within the applicable timeframe.
In Ontario, if you are involved in a bicycle accident where the driver flees the scene, commonly known as a hit-and-run accident, you may still have options for pursuing a claim despite the unique challenges it presents. It is crucial to take immediate action by reporting the incident to the police and contacting our experienced bicycle accident lawyers as soon as possible.
During your report, detail everything you can remember to the police and provide as much information as possible, such as a description of the vehicle, license plate number if available, and any other details that can aid in their investigation. The police can work to identify the driver involved in the accident. From there, our team can help you navigate the process of making a claim to seek compensation for your injuries and damages.
Sources
- “Bike Safety Statistics.” n.d. CAA National. https://www.caa.ca/driving-safely/cycling/bike-statistics/.
- Rice, Sarah, Mary Alexis Iaccarino, Saurabha Bhatnagar, Greg Robidoux, Ross Zafonte, and Dana H. Kotler. 2020. “Reporting of Concussion-like Symptoms after Cycling Crashes: A Survey of Competitive and Recreational Cyclists.” Journal of Athletic Training 55 (1): 11–16. https://doi.org/10.4085/1062-6050-91-19.
- Eng, Svend Filip, Ingar Næss, Hege Linnerud, Pål Rønning, Tor Brommeland, Magnus Evjensvold, Terje Sundstrøm, et al. 2022. “Bicycle-Related Cervical Spine Injuries.” North American Spine Society Journal (NASSJ) 10 (June): 100119. https://doi.org/10.1016/j.xnsj.2022.100119.
Related Links
- Spinal Cord Injury
- Brain Injury and Concussions
- Amputation
- Broken Bones & Orthopedic Injury
- Chronic Pain, Headaches and Chronic Fatigue
- Injuries to Children
- https://www.bergeronclifford.com/depression-and-post-traumatic-stress-disorder/
- Whiplash and Soft Tissue Injuries
- Wrongful Death
- Other Injuries and Claims
- Insurance Denials
