Bicycle Accident Claims in Ontario -1-800-JUSTICE®

This video discusses the serious injuries often sustained by bicyclists and e-bike riders involved in accidents, highlighting common collision scenarios such as unsafe lane changes and car door openings. It emphasizes that even with helmet use, injuries can range from brain trauma to broken bones and severe road rash. The video explains the legal options available for injured cyclists, including the Accident Benefit Schedule (SABS) for accessing medical and rehabilitation benefits, and tort claims for pain and suffering. It underscores the importance of consulting a law firm like “Preszler Injury Lawyers” to navigate these processes and secure necessary compensation. For assistance, contact “Jeffrey Preszler” or call “1-800-JUSTICE”.

At my law firm, we represent many victims who have been injured while riding their bicycles. We frequently see the same pattern of collisions that lead to very serious injuries involving bicyclists. Any time a bicyclist is involved in an accident where they are ejected from their bicycle or where they collide with a stationary object or an object that is traveling at a high rate of speed, such as a car or a truck, serious injuries ensue.

We often see cars making right or left turns, as well as many instances of cars making unsafe lane changes and colliding with bicyclists. Additionally, we are witnessing more incidents where bicyclists collide with cars when a passenger—whether it’s an Uber, a taxi, or just a regular passenger—opens their door directly into the path of a bicyclist.

Anytime a person is involved in a bicycle accident, we see a wide range of injuries. We hope that following an accident, a bicyclist is able to simply get up off the ground or off the car, shake it off, and have only scrapes and bruises. However, more often than not, we see very serious injuries, regardless of whether or not a bicyclist is actually wearing a helmet. Most bicyclists, fortunately, do wear helmets, but they only provide a certain level of protection. Brain injuries are common, as are broken bones from being thrown off the bicycle and impacting either a car or the ground. Soft tissue injuries, as well as very severe scarring or road rash, are also quite common.

Although not specifically referred to as a bicyclist or a bicycle, we do represent a lot of people who are injured on e-bikes. E-bikes, as people are familiar, do not require insurance, have a certain threshold regarding how fast they can go, and are generally operated by battery. The same types of collisions involving bicyclists occur with people operating e-bikes, and the injuries are just as severe. Any time you have an injury or an accident that involves no physical protection from a steel structure like a car or a truck, serious injuries ensue.

For most people operating bicycles or even e-bikes, they do not have insurance. This is often why they choose to use a bicycle; they would rather not use a vehicle to commute, which is their choice. However, this means they do not have access to an insurance policy of their own. Many pedestrians or bicyclists think that since they do not have insurance, they cannot access any benefits. The law has contemplated this, and how it works is that bicyclists who are not at fault for their accident—meaning that someone else caused or contributed to the accident—actually have two avenues of recourse, provided that there was a collision with a motor vehicle. A motor vehicle is defined as a car, a truck, a motorcycle, and in certain circumstances, buses.

Under what is referred to as the Accident Benefit Schedule, or the Statutory Accident Benefit Schedule (SABS), a bicyclist can access a variety of benefits that will provide them with coverage for income replacement benefits, as well as access to medical and rehabilitation expenses or attendant care. Anytime a person is involved in a serious accident, they need access to prompt medical treatment, and that is what the Accident Benefit Schedule and an application for accident benefits provide.

The second avenue of recourse for those who have far more serious injuries is what is referred to as a tort claim. A tort claim is where you sue for your pain and suffering, any past loss of income, future loss of income, or any future healthcare expenses you may have. How are serious injuries defined? The law discusses this and outlines what is called a certain threshold that is required before you are eligible for compensation for pain and suffering and future care costs. However, this is best left for lawyers to determine, as to what constitutes a serious and permanent impairment.

Even though it is a medical-legal test that has to be certified by doctors, most people involved in bicycle accidents end up having what is referred to as a serious injury that is often permanent. This is why it is best to contact a law firm to ensure that you are following the right processes and accessing the right benefits to cover the expensive healthcare costs that you now need, which you do not have access to through the Ontario Insurance Plan (OIP). Most importantly, you can access the court system through a lawsuit, which will ensure that your future is protected once your accident benefits expire.