Whether you enjoy riding your bicycle for leisure or use your bike as an eco-friendly way to commute to work, if you’re a regular cyclist, you’ve probably experienced first-hand how dangerous it can be to share the street with motor vehicles.
Because cyclists have so little protection available to them, especially compared to a motor vehicle, accidents can result in significant injuries. Often, injuries sustained in bicycle accidents affect the cyclist’s ability to work, and by extension, their financial stability.
If you’ve been hurt in a bicycle accident, you may be entitled to receive damages for medical bills, loss of wages, pain and suffering, emotional distress, or other serious complaints sustained as a result of the collision.
A Kitchener bicycle accident lawyer may be able to help protect your right to receive compensation. If you are eligible, Preszler Injury Lawyers will represent you in court, and in negotiations with insurance companies. Call us at (888) 541-7603 today for a free initial consultation.
Our bicycle accident lawyers can meet with you in Kitchener for a free initial consultation. Call (416) 364-2000
Understanding the Frequency of Bicycle Accidents
According to a recent Canadian Motor Vehicle Traffic Collision Statistics report, bicyclists killed in car accidents account for 2.3% of fatalities on Canadian roadways. The same report indicates that cyclists make up 4% of all serious injuries sustained in collisions nationwide.
Even the most cautious and responsible cyclist is vulnerable to collisions. The Region of Waterloo’s latest Annual Collision Report indicates that 36% of drivers involved in a collision with a cyclist were engaged in Inattentive driving. Due to simple negligence, a motor vehicle operator could come into contact with a bicycle on almost any part of the road. For example, if a negligent driver in Downtown Kitchener drifts into one of the city’s separated bicycle lanes, that driver could cause a crash, inflicting significant injuries on an unsuspecting cyclist.
In addition to direct collisions, a driver might cause a bicyclist to suffer injuries without even making contact with their bike. If, for example, a driver makes a sudden sharp turn in front of a bicycle’s path, it could cause the cyclist to lose control of their bike and sustain injuries.
Kitchener Bicycle Accidents Lawyer Near Me (416) 364-2000
Diagnosing Your Injuries
If you have been involved in a bicycle crash, it is important to take care of yourself. Immediately after the accident, you may be tempted to tell the first responders that you are feeling fine, even if they suggest you visit the hospital or ride in the ambulance.
Although you may not notice significant injuries immediately after the crash, once the adrenaline from the accident is gone, you may begin to experience pain or notice extreme uncomfortability. This delayed pain could take several hours, or even several days, to manifest itself.
Even if a few days have passed since the accident, you still have the right to see a doctor about your injuries. If you believe you have suffered injuries in a crash with a motor vehicle, only a doctor may fully diagnose your injuries and lay out a treatment plan for you to follow.
Types of Injuries in a Bicycle Accident
A cyclist could suffer a variety of injuries after a crash. Some of the potential injuries include:
- Traumatic brain injuries
- Cuts and road rash
- Broken bones
- Damaged ligaments
- Loss of vision or hearing
- Amputation of limbs
- Neck and spine injuries, resulting in paralysis
The injuries sustained by cyclists have the potential to be life-changing. A bicycle accident lawyer serving the Kitchener area can negotiate with insurance companies on behalf of victims, and try securing the most reasonable coverage for those affected by another party’s negligence.
Call Preszler Injury Lawyers at 1-800-JUSTICE to learn about the services we offer to victims of bicycle accidents.
In order to maximize your chances of receiving an agreeable settlement, a bicycle accident lawyer representing you may illustrate how the collision was caused through the negligent behaviour of a motor vehicle operator.
Negligence means that, rather than purposefully attempting to do physical harm to the cyclist, a driver may still be held at fault for causing a collision even if it was not their intention to so. If the driver could have taken different actions or engaged in different behaviour on the road in order to prevent the accident, they could be found negligent.
Proving a Driver Acted Negligently
One way to prove that a driver’s negligent behaviour caused the cycling accident is to cite clear indication that they’ve violated the law. Therefore, if law enforcement issued a ticket or fine to the driver involved, your lawyer could use that information to try and prove that driver’s negligence.
However, even if the driver did not receive a ticket, it is still possible to prove their negligence. Eyewitness accounts and police reports can illustrate how the driver’s actions led to the accident with your bicycle, even if the police did not issue them a ticket at the scene.
Some examples of driver negligence that could cause a cyclist to crash are:
- Careless driving: The driver was not operating their motor vehicle in a manner showing reasonable consideration, as defined under the Highway Traffic Act, for others using the roadway, including other drivers, cyclists, and pedestrians.
- Distracted driving: The driver was using an electronic device like a smartphone while operating the vehicle, which means the driver was not paying full attention to the roadway and others on it, per the Ontario Ministry of Transportation’s definitions of distracted driving.
- Intoxicated driving: The driver drank alcohol or took drugs before or while operating the vehicle, resulting in diminished control of motor functions.
- Violating traffic laws: The driver engaged in improper activities such as speeding, making illegal turns, passing illegally, or failing to maintain a lane.
A negligent driver may not suffer any injuries in a crash with a cyclist, and their vehicle may not sustain any serious damage. These factors do not affect the potential finding of negligence on behalf of the driver.
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Preszler Injury Lawyers work on a contingency-fee-basis, which means we do not take fees upfront for services provided to our clients. Instead, our fees are included in the settlement you receive. That means that we don’t receive payment until you do.
During negotiations with an insurance company, the insurer may contact you with a settlement offer. It may be difficult to determine if this is a fair offer for you without the assistance of a Kitchener bicycle accident lawyer who regularly represents clients in personal injury lawsuits.
Preszler Injury Lawyers know how insurers work and can help determine the fair settlement amount following your accident.
When you are ready to discuss your case, call us at (888) 541-7603 for a free initial consultation.