Bicycle Accident Lawyers in Toronto
It can be difficult to get around the city of Toronto. Commuters are often forced to choose between sitting in frustrating traffic jams or using our city’s overcrowded, underserviced, and unpredictable public transit system. Many Torontonians view cycling as a practical, environmentally-friendly third option. However, cycling in the city can be extremely dangerous.
Despite the municipal government’s implementation of the Vision Zero Road Safety Plan to reduce the number of fatal collisions on Toronto’s streets several years ago, the city is nowhere close to its target. In fact, dozens of cyclists are killed or seriously injured in Toronto each year.
According to a recent report released by the Ontario Provincial Police (OPP), in just one year, fatal bicycle accidents have skyrocketed by 300%. There are more motor vehicles on the city’s streets than ever before, and their drivers’ frustration about heavy traffic congestion often translates to aggravated behaviour behind the wheel. Aggressive driving and excessive speeding are the leading causes of deadly bicycle accidents in Toronto. Other examples of negligent driving that often lead to collisions with cyclists include:
- Texting while driving
- Drunk driving
- Driving under the influence of illegal drugs
- Distracted driving
- Improperly changing lanes
- Ignoring traffic signs/signals
- Failing to yield
- Failing to leave an adequate buffer
- And more
Cyclists who are lucky enough to survive being struck by negligent drivers frequently sustain serious or catastrophic injuries. For injured survivors of severe bicycle accidents in Toronto, the ramifications can be long-lasting, painful, and expensive.
Injured bicycle accident survivors face numerous challenges, not least of which are the necessary costs of medical expenses and lifestyle adjustments. In many situations, the injuries sustained in a collision with a motor vehicle make it impossible for the injured cyclist to return to work. That means they could be faced with monumental, injury-related costs at a time when they can least afford them.
If you were struck by a negligent driver while cycling, an experienced lawyer may be able to help you recover the compensation you are rightfully owed. Our personal injury lawyers serving Toronto appreciate how vulnerable cyclists are to the dangers of the road, and how profoundly their lives can be changed because of a driver’s negligence. By working with an experienced lawyer, you may be able to file a civil claim against the driver responsible for causing your injurious collision in an attempt to recover damages. These damages might include:
- Lost wages
- Reduced future earning capabilities
- Prescription drugs
- Medical equipment
- Prosthetics
- Attendant care
- Other medical expenses
- Mileage costs to and from medical appointments
- Housekeeping services
- Home modification costs to accommodate newly acquired disabilities
- Legal fees
- Pain and suffering
- And possibly more
If your close relative was killed in a cycling accident caused by a negligent driver, our wrongful death lawyers may be able to help you recover compensation for financial losses you have incurred as a result of your loved one’s tragic demise. To learn whether you might be eligible to pursue a civil claim, contact our bicycle accident lawyers serving Toronto by calling 1-800-JUSTICE.
NAVIGATING MOTOR VEHICLE ACCIDENTS IN TORONTO
Motor vehicle accidents can have severe consequences. Understanding the specific challenges faced by riders in the city is crucial for effective navigation through the aftermath of an accident.
THE IMPACT OF CYCLING ACCIDENTS ON TORONTO RIDERS
Cycling accidents in Toronto can leave riders with significant physical and emotional trauma. Exploring the real impact of these accidents on individuals and the community sheds light on the importance of prioritizing cyclist safety.
UNDERSTANDING TORONTO’S BIKE LAWS AND REGULATIONS
To protect cyclists, Toronto has specific laws and regulations governing bicycle use, in addition to the provincial laws in place via the Highway Traffic Act. Toronto’s bylaws for cycling vary depending on whether a cyclist is using the roads, bike lanes, and cycle tracks, or the sidewalks or multi-purpose park paths. Familiarizing oneself with these legal aspects is essential for both preventing accidents and ensuring riders know their rights in case of an incident.
TORONTO’S BIKE LANES: A SAFETY MEASURE FOR RIDERS
Bike lanes in Toronto serve as a safety measure for cyclists, providing designated spaces for riding. Over the past few years, the city’s cycling infrastructure has expanded considerably. City staff provide an updated map of the entire bike lane network online. Many of the latest bike lanes, such as those along the Bloor/Danforth corridor, or those along Richmond/Adelaide, are also protected by concrete barriers and greater delineation between spaces meant for motorized vehicles and cyclists.
CYCLE TORONTO: YOUR RESOURCE FOR CYCLIST ADVOCACY AND RIGHTS
Cycle Toronto serves as a valuable resource for cyclists, offering insights into their rights and legal avenues after an accident. Along with advocating for safer streets in the city, Cycle Toronto also offers free resources, such as The Toronto Cycling Handbook. Exploring this network equips riders with the knowledge needed to navigate Toronto’s streets and the legal landscape.
COMMON INJURIES IN TORONTO BICYCLE ACCIDENTS
Though improvements are being made around the city regularly, Toronto cyclists often face common injuries in accidents, ranging from minor to severe. Learning how to recognize these injuries is important for anyone to seek prompt medical attention and understand the potential long-term consequences.
PROMPT MEDICAL ATTENTION FOR VICTIMS
Receiving prompt medical attention after a bicycle accident is crucial for ensuring the best possible recovery. If you’ve been in an accident, assess your injuries and get immediate medical attention, even if the injuries only seem minor. Sometimes, in the heat of the moment and with adrenaline pumping, we don’t realize how hurt we are. Not seeking the advice of a medical professional can impact your ability to make an insurance claim, or seek damages later.
TRAUMATIC BRAIN INJURIES IN BICYCLE ACCIDENTS
One of the most severe consequences of cycling accidents is traumatic brain injuries. Wearing a helmet is not legally required for any people over the age of 18, but it is strongly recommended by the province. According to the Brain Injury Society of Toronto, roughly 15% of all brain injuries that occur throughout the year in Ontario are the result of a cycling incident. Taking preventative measures and having a heightened safety awareness can save your life.
PERSONAL INJURY AND LEGAL REPRESENTATION
Personal injury resulting from bicycle accidents demands comprehensive legal representation. Injuries sustained from incidents such as “dooring,” when a stopped or parked car suddenly opens its door to a passing cyclist, can lead to serious or catastrophic injuries. If you are a driver, always check your mirror before you open your car door. There is a method called “The Dutch Reach,” where the driver and driver’s-side passengers use their right hand (and right-side passengers use their left) to open a door before exiting their vehicle. This motion forces you to turn to your blind spot before fully opening the door.
FATAL INJURIES IN BICYCLE ACCIDENTS: WHAT TO KNOW
Tragically, some bicycle accidents result in fatal injuries. According to the Canadian Automobile Association, an average of 74 Canadians die in cycling collisions every year. Most of those collisions involved a motor vehicle. Legal professionals can advocate for victims across the injury spectrum, ensuring they receive the compensation they deserve.
Spouses and dependant(s) of the deceased cyclist are still entitled to varying amounts as set out under the Statutory Accident Benefits Schedule. Under the SABS, there is not only a death benefit but also benefits for funeral costs. If the cyclist died because of being hit by a motor vehicle driver, then the driver can also be subject to a lawsuit under the Family Law Act in addition to a claim for accident benefits under the SABS.
MANAGING MEDICAL EXPENSES AFTER A BICYCLE ACCIDENT
Canada has the benefit of a publicly funded healthcare system across each of the provinces and territories. Despite this significant coverage, the financial burden of medical expenses after a bicycle accident can be overwhelming. Out-of-pocket expenses like prescription medications, any replacement dental surgeries, or physio during your recovery can add up. Filing an accident benefits claim under the Statutory Accident Benefits Schedule can alleviate some expenses. However, it may be worthwhile to consider additional health insurance if you are a cyclist and do not have other forms of coverage. Discussing strategies for managing these expenses and exploring available resources assists victims in their recovery journey.
LEGAL STEPS FOR VICTIMS IN TORONTO
Victims of bicycle accidents in Toronto must be aware of the legal steps to take for a successful claim. A legal professional can guide them through the initial actions and decisions and set the foundation for a compelling case.
POLICE REPORTS AND THEIR IMPORTANCE IN YOUR CASE
Police reports play a pivotal role in documenting the details of a bicycle accident. After you’ve called 911, you should file a police report. Ask the attending officer for their business card for your records so that you can follow up for a copy of the report later, which can strengthen the injured cyclist’s position in a legal case. If you leave the scene, you can file a report at one of the Traffic Services Collision Reporting Centres across the city, or online.
UNDERSTANDING ACCIDENT BENEFITS FOR INJURED PEOPLE
Accident benefits are crucial for people in Toronto. Examining the available benefits and how to access them ensures that victims receive the necessary support for their recovery.
PERSONAL INJURY CLAIMS AFTER BIKE CRASH
Navigating personal injury claims after a bicycle accident involves specific considerations. A legal representative can provide insights into the process, empowering people to pursue fair compensation for their damages.
CYCLISTS WITHOUT A HELMET: SEEKING COMPENSATION IN TORONTO
Even if they were not wearing a helmet at the time of your accident, an injured cyclist in Toronto has the right to seek compensation for their suffering. Not wearing a helmet is dangerous, but not grounds to prevent someone from filing a lawsuit against a negligent driver. The absence of a helmet may be used as evidence during a trial to demonstrate that an injury would not have been as bad had a helmet been worn, reducing the quantum of damages awarded in favour of the cyclist.
DEALING WITH YOUR OWN CAR INSURANCE AFTER AN ACCIDENT
If you have car insurance or are a secondary driver on another individual’s policy, you can claim accident benefits through that policy. It does not even matter if you were in a car or not at the time. If you are not covered by car insurance, then in the event of an accident, you can claim accident benefits from the policy of the driver who was involved in the collision with you. The application for accident benefits (OCF-1 Form) sets out which insurance company to apply to if you don’t have your own insurance policy.
WHAT CYCLISTS CAN DO IN THE EVENT OF A HIT-AND-RUN
The Motor Vehicle Accident Claims (MVAC) fund is a resource available to those who were victims of a hit-and-run or where no other motor vehicle insurance policies could respond to the claim (eg. uninsured vehicle) at the time of the collision. If this situation applies to you, contact MVAC within the first 24 hours of your accident or as soon after the accident as possible.
NO-FAULT ACCIDENT BENEFITS AND YOU
If a cyclist gets hurt in a crash with a vehicle, they can claim accident benefits no matter who caused the accident. The benefits can come from their own car insurance, the vehicle’s insurance, or a special fund if there is no insurance. These benefits are separate from any lawsuit against the driver. Here are some of the benefits you might be entitled to:
- Income replacement benefits
- Non-earner benefits
- Medical and Rehabilitation Benefits
- Attendant Care Benefits
RECOVERING COMPENSATION FROM INSURANCE COMPANIES
Getting compensation from insurance companies can be tricky. After you report your accident, the insurer will send you forms to fill out within a month. Getting this right is crucial, so it’s a good idea to talk to a personal injury lawyer at this point. If the insurer denies your claim, you can dispute the denial at the License and Appeals Tribunal of Ontario. A lawyer can help you figure out what to do next. You can also file a lawsuit against the driver who caused the accident. You may be entitled to pain and suffering, lost wages and even compensation to address your future health care needs.
SEEKING A BICYCLE ACCIDENT LAWYER
Getting help from a bicycle accident lawyer is important for getting your desired result. There are deadlines for telling those responsible that you are going to make a claim and for starting your claim. If you miss these deadlines, you might not be able to get compensation for what you have lost. Not everyone can claim compensation from the person who caused the accident, and each case is different. Figuring out how much your claim is worth and who is responsible requires a professional who knows a lot about personal injury law.
THE ROLE OF A BICYCLE ACCIDENT LAWYER
A bicycle accident lawyer plays a crucial role in advocating for injured cyclists from a legal perspective. Preszler Injury Lawyers can advise you of your rights as a cyclist and help build a strong case on your behalf. Our team of professionals are well versed in cycling accidents and can help you receive the compensation you deserve.
TORONTO PERSONAL INJURY LAWYERS: YOUR LEGAL SUPPORT
An experienced bicycle accident lawyer provides essential legal support to victims. Our dedicated team of professionals is ready to assist injured cyclists and is available to answer your questions.
TALK WITH OUR LEGAL TEAM
CALL 1-800-JUSTICE
If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call you can ask any questions as it relates to your accident and/or claim and we’ll discuss your options and possible outcomes.
Regardless of where you’re located in Ontario – we may be able to help you. Don’t delay – call us. Our lines are open 24/7.
CALL 1-800-JUSTICE AND RECEIVE A FREE INITIAL CONSULTATION
Our Toronto personal injury lawyers are passionate about helping cyclists who have been seriously injured in collisions caused by negligent drivers. Furthermore, Preszler Injury Lawyers are committed to assisting the families of wrongfully deceased community members who lost their lives in Toronto bicycle accidents.
To take advantage of a free initial consultation with our personal injury lawyers, call 1-800-JUSTICE or contact us online today.
