Automobile accidents involve accident victims who are surrounded by the protection of a steel frame, airbags, and many other safety features. If a person is cycling and they get struck by a car, that is going to be a much different circumstance because arguably, their only protection may be a helmet.
If a person is not watching where they are going as a cyclist or a driver is not watching where they are going, they could get into an accident. There are many considerations to take following a Toronto bicycle accident and many steps to remember that will be important for filing a claim for compensation later on. One of those steps is contacting a skilled bicycle accident lawyer, as they can help streamline all other steps as you start the process.
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Bicyclists have to abide by the rules of the road, just the same as motor vehicles. It is important for bicyclists to understand to wear helmets on the road in order to avoid accidents, as that is the most important safety precaution which will have an impact on how their case will be handled following a bicycle accident in Toronto. Cyclists should observe the rules of the road, it might have an effect on their case later as well.
If a person is found to be contributorily negligent in the context of the accident, that will inevitably decrease the amount of compensation a person would be entitled to under normal circumstances.
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If a person has been hit by a motor vehicle, they need to make sure that they get the driver information. They must determine who hit them as a first step and they also need to get their insurance information, their driver license information, and the plate information on the vehicle.
Someone should also look for any witnesses who saw the accident, get their contact information – their names, phone numbers, addresses, email addresses. Witnesses could play a very important role down the road if the injured person ever had to go to court to prove the liability aspect of the case.
Reporting to the Police
A person should also insist on contacting the police and ambulance following a Toronto bicycle accident. If they feel like they are injured, they should make sure that first responders come to the scene to document their injuries and what happened. The driver may have a very different version of events than the cyclist and it is important that the police hear both sides of the story right away.
The police will file their report and sometimes will not even talk to the person who was on the bicycle. An accident victim will be entitled to a copy of the police report. If they get a copy of the accident report and it suggests a different version of the events, then they need to contact the police immediately to correct it.
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The injured person should also contact their own motor vehicle insurance company (if available), to access their own insurance policy for certain medical benefits. In Toronto, there is a no-fault benefit system in place. Even though someone hit them with a motor vehicle, the law requires them to pursue insurance benefits through their own insurance policy, even if they were on a bicycle at the time.
If the injured cyclist does not have their own motor vehicle insurance, then the person would be going through the insurance of the individual who hit them.
Contacting an Attorney
It is important that a person gets a lawyer involved quickly and early following a Toronto bicycle accident where they have been seriously injured. Any sort of personal injury where the person is potentially injured because of someone else’s negligence requires that.
If a lawyer is not involved, the at-fault party’s insurance company will start contacting the injured person and their goal is to undermine the person’s case, and to get the person to say things or do things that would potentially harm the person’s ability to pursue a lawsuit down the road.