Aug 08, 2024 in News Legal News

Legal News: Cyclist vs. Cyclist: Can You Sue for an Accident?

Source: Unsplash

Cycling is a popular mode of transportation and recreation in Toronto. The city sees over 4.5 million cycling trips every year, and ridership is rising 28% annually. However, that also raises the danger of serious accidents, say our cycling accident lawyers.

A collision in busy Parkdale only highlights the growing incidence of such accidents. Two cyclists collided, resulting in one being critically injured while the other fled the scene. Given cyclists are neither required to carry insurance nor register their vehicles with the Ministry of Transportation, what are your rights?

You Are Owed Compensation if Another Cyclist Causes Your Injuries

Accident Benefits

If no automobile is involved in the accident, Ontario's auto insurance benefit system does not apply. This means cyclists cannot claim accident benefits that would typically be available in a car collision.

Instead, compensation must be sought through other avenues, primarily through personal injury lawsuits and insurance claims.

Insurance

If you have home insurance, it can play a crucial role in covering the damages resulting from a cycling accident. Home insurance policies can include coverage for negligent acts, which can protect you if you are found at fault in a collision.

It's essential to have your home insurance policy reviewed by a personal injury lawyer in Toronto to understand the extent of your coverage and to confirm that you are protected.

Personal Injury Lawsuit

When one cyclist's negligence causes harm to another, the injured party has the right to sue for compensation. To succeed in a civil lawsuit, the injured cyclist must prove that the other cyclist acted negligently—essentially, that they did something a reasonable and prudent cyclist would not do.

If fault is established, the injured cyclist can seek compensation for various damages, including pain and suffering, past and future loss of income, care costs, and damage to personal property such as the bike and clothing.

The at-fault cyclist may attempt to mitigate their liability by arguing contributory negligence, claiming that the injured party also acted carelessly, contributing to the accident.

Reach Out to a Personal Injury Lawyer to Explore Your Options

Serious cycling accidents can have the same physical and emotional ramifications as car accidents. However, the negligent cyclist cannot just shrug and get away with it. You are entitled to compensation and a personal injury law firm in Toronto can help you defend your rights.

A knowledgeable personal injury lawyer who represents cyclists and their families is a powerful ally. At Neinstein Personal Injury Lawyers, we have helped Ontarians receive justice for over 55 years. Our lawyers help accident victims identify the most appropriate avenue for justice, and secure their future.

Book a free consultation to discuss your needs with an experienced lawyer for personal injury today.