Aug 08, 2023 in News Legal News

Legal News: Bicycle Accidents in Ontario Are Rising: Here’s How to Handle the Aftermath According to Personal Injury Lawyers

Handy Tips for Cyclists from Personal Injury Lawyers

Seems like personal injury lawyers are confronted with this subject every time summer comes around. People start taking their bicycles out, and the accidents start mounting. The past couple of years have seen cycling accident deaths shoot up 300%, and bicycle accident lawsuits have become more common in the aftermath of car accidents.

"A bicycle has the same rights as a motor vehicle on the road," says Sgt. Kerry Schmidt of the OPP, though not all motorists respect that. Road rage incidents involving intimidating behaviour and reckless driving are rising, as this father of two discovered while cycling in Toronto. In an even more vicious attack, a teen in London, Ontario, was left shaken when his cycle was struck twice by a minivan. The rise in these incidents have left cyclists - and family members - concerned. 

You May Not Like it, But You May Need to Carry This On Your Next Bike Ride

One of the challenges for personal injury lawyers in cycling accidents lawsuits is proving reckless driving. Often, it can come down to "he said, she said", making it harder for injured cyclists to prove cause in a bicycle accident lawsuit. Sure, s.193 of the Highway Traffic Act places the burden of proving that they weren't driving recklessly on the driver, but it doesn't rule out a contributory negligence defence. 

There may be witnesses to the accident, but they may not always be willing to come forward or may not have had a clear view of the incident.

To prevent ambiguity and possibly deter dangerous driving in the first place, consider wearing a camera when you take out your bike. As dashcam footage is usually accepted by courts, a cyclist's footage will be as well. 

In R. v. Nikolovski, the Canadian Supreme Court found video evidence to be a “ silent, trustworthy, unemotional, unbiased and accurate witness.” It opened the floodgates for video evidence, and Canadian courts have accepted video evidence in cycling accidents.

6 Things You Should Do After a Cycling Accident, Say Personal Injury Lawyers

We've talked about it before, but it bears repeating. Here are the six essential things you should do:

1. Report the accident to the police
2. Seek medical attention (bike accident injuries can be masked by adrenaline and shock) 
3. Don't discuss liability with the driver of the vehicle
4. Get the driver's insurance and contact details (it doesn't matter that you don't have insurance as a cyclist)
5. Collect details of witnesses and take pictures to document the accident
6. Speak to injury lawyers as soon as you can after your accident

A Bicycle Accident Lawsuit Is Even More Important 

The driver and the insurance company are motivated to deny a cyclist's version of events to avoid paying compensation for injuries. Moreover, since a cyclist isn't usually covered by their personal insurance companies, it can become an uphill battle to receive compensation for pain and suffering, medical expenses, and loss of income

That's why a bicycle accident lawyer on your side is vital for claiming the compensation you are entitled to. If you are an injured cyclist, speak to our Neinstein personal injury lawyers in Toronto. We offer free consultations to discuss your accident and understand your legal options. Get in touch with our personal injury law firm today; we are experts at helping you receive the compensation you’re entitled to when you suffer catastrophic injuries.