May 31, 2022 in News Bicycle Accidents

Bicycle Accidents: A Look at Cyclist-Pedestrian Collisions

On May 1, CP24 reported that a pedestrian had sustained ‘life-altering injuries’ after being hit by a cyclist near the downtown Toronto intersection of Wellington Ave and Spadina Ave. The accident got us thinking: what happens when someone is injured in a cyclist-pedestrian collision? How do these collisions differ from collisions between motorists and vulnerable road users? Does insurance apply? And can a personal injury lawyer help?

Perhaps the first thing to note about this sort of accident is that they are rare. Paul Steely White, then-executive director of the New York City not-for-profit Transportation Alternatives told Bloomberg in 2014 that “you’re more likely to be struck by lightning” than be killed by a cyclist as a pedestrian. But rare though these accidents are, they’re not unprecedented. The Bloomberg article was published in the wake of a high-profile cyclist-pedestrian collision that resulted in the death of a 58-year-old woman in New York’s Central Park. Between 1996 and 2013, 15 pedestrians were killed after being struck by cyclists in that city.

Toronto isn’t immune to such incidents. In 2011, for example, 74-year-old Nobu Okamoto was fatally struck by a cyclist on Finch Avenue West, according to the Globe and Mail. And in 2016 an 84-year-old was fatally struck on Parliament Street, per Global News. However, cyclist-pedestrian collisions are officially classified by the provincial Ministry of Transportation as ‘incident reports,’ not ‘collisions, making them difficult for the city or the province to track.

It should also be noted that cyclist-pedestrian collisions are not nearly as serious an issue as collisions between motor vehicles and vulnerable road users. Fatal cyclist-pedestrian collisions are extremely rare; dozens of pedestrians are killed by drivers every year in Toronto alone.

But the relative rarity of cyclist-pedestrian collisions shouldn’t discount their impact on injury victims. If you’ve been injured in a cyclist-pedestrian collision, your first move after seeking medical treatment should be to collect evidence and contact a personal injury lawyer – we may be able to help.

Seeking Compensation for Injuries from a Cyclist-Pedestrian Collision

Unlike with motor vehicle owners, cyclists aren’t required to hold insurance. The Province of Ontario also doesn’t have a no-fault accident benefits system pertaining to cyclists. So, if you’re interested in seeking compensation from a negligent party in a cyclist-pedestrian collision, there are a few questions you and your personal injury lawyer will have to address: 

1. Who was at-fault? You will only be eligible to claim damages from another party if you can establish that they were at-fault for your injuries.
2. How severe are your injuries? Most personal injury lawyers are unlikely to pursue claims for damages relating to minor injuries.
3. Do they hold insurance? You may be able to seek compensation if the at-fault party in your accident holds home insurance – if they are not insurance-holders, securing compensation may be difficult. 

Contact Neinstein Personal Injury Lawyers

If you’ve been injured in a cyclist-pedestrian accident or any other type of traffic accident, contact us today to schedule a free, no-obligation consultation with an experienced personal injury lawyer. Our team will listen to your story, assess the validity of your claim, and explain the next steps in the legal process.

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