Cycling Accidents Often Result in the Most Serious Injuries
Ottawa has a great cycling culture, and despite the city having designated paths and lanes for cyclists, accidents occur far too often. We meet regularly with those who have been struck by a car and have suffered serious injuries. The most common injuries cyclists suffer are typically head injuries and >orthopedic injuries.
Unfortunately, cycling accidents involving cars can also often result in:
- Catastrophic injuries
- Serious brain injuries
- Spinal injuries
- Broken bones
- Scars and lacerations
We understand how these injuries are life-altering, and our personal injury lawyers are here to help. We’ll help you seek damages from the driver’s insurance company or the liable public or private transit organization. We work with top medical professionals who can diagnose your injury and help us determine the long-term effects and care you’ll need now and for the future. This is essential in securing fair compensation for your losses and understanding your new reality.
Causes of Cycling Accidents
Cycling accidents can occur for various reasons, and understanding these causes is essential for safety, prevention, and legal recourse. Some common causes of cycling accidents include:
- Distracted drivers: Motorists distracted by their smartphones, in-car entertainment, or other factors may not notice cyclists sharing the road.
- Failure to yield: Drivers failing to yield the right of way to cyclists at intersections or while merging onto roads can lead to collisions.
- Dooring accidents: Opening car doors without checking for approaching cyclists can result in severe injuries to riders.
- Speeders: Excessive speed reduces a driver’s reaction time, making it challenging to avoid cyclists or stop in time.
- Unsafe road conditions: Potholes, debris, and poorly maintained roads can pose hazards to cyclists.
- Inadequate cycling infrastructure: A lack of dedicated bike lanes, signs, and cycling-friendly infrastructure can force people on bikes to share the road with vehicles, increasing the risk of accidents.
- Driver negligence: Running red lights, making inattentive turns, driving under the influence, and other careless actions can lead to devasting cycling accidents and serious injury.
What to Do if You Get into a Cycling Accident
Experiencing a cycling accident can be a traumatic and overwhelming event. Knowing how to respond in the immediate aftermath is crucial for your safety and your potential legal claim. Here are some steps to follow if you find yourself in this unfortunate situation:
- Seek medical attention: Your health is always the top priority. Check yourself for injuries and call 911 if you or anyone else is seriously hurt. Even if your injuries seem minor, medical evaluation is still essential as some injuries may not be apparent immediately.
- Contact the authorities: Report the accident to the police. Ask for a copy of the accident report, as this can be valuable evidence for your case.
- Document the scene: If you can do so safely, take photographs of the accident scene, your injuries, and any damage to your bicycle. Capture the license plate and insurance information of the motorist involved.
- Gather witness information: Obtain contact information from any witnesses at the scene. Their statements may be crucial in determining liability.
- Keep a log of your experiences: If you’ve sustained injuries, keep a written log of what prevents you from resuming daily life activities. If possible, keep all your medical records to back these up.
- Contact a cycling accident lawyer: As soon as you can, reach out to our experienced cycling accident lawyers at David Hollingsworth. We can guide you through the legal process, help you navigate insurance claims, and protect your rights.
Why You Need a Cycling Accident Lawyer
Cycling accidents can be physically, emotionally, and financially devastating. When you’ve been injured while cycling due to someone else’s negligence, having a dedicated lawyer by your side has many benefits, including:
1. Access to Legal Expertise
Cycling accident cases can be complex, involving multiple parties, insurance companies, and intricate laws. A specialized lawyer understands the nuances of these situations and can navigate the legal system on your behalf.
2. Protection of Your Rights
Cycling accident lawyers safeguard your rights throughout the legal process. They will advocate for you, helping you avoid pitfalls that could harm your case.
3. Gain the Compensation You Deserve
Experienced lawyers know how to assess the full extent of your damages, including medical expenses, lost wages, and property damage. They’ll work to secure the fair amount you’re entitled to.
4. Negotiating with Insurance Companies
Dealing with insurance companies alone can present many challenges. A cycling accident lawyer can negotiate on your behalf to ensure fair treatment.
5. Resource Access
Lawyers have access to a network of professionals, including medical specialists, who can strengthen your case with expert testimony.
6. Peace of Mind
Having a lawyer who understands what you’re going through allows you to focus on your recovery while they handle the legal complexities. It reduces stress during a difficult time.
Cycling Accidents and the Ontario Insurance Act
The Ontario Insurance Act allows cyclists who have been injured in a motor vehicle accident to obtain certain Ontario accident benefits. These can include income loss, medical treatment and rehabilitative care, and funeral and death benefits care. Our lawyers can help you with your Ontario Accident Benefits claim. By filing this claim, you may receive the income replacement, medical treatments, rehabilitation, housekeeping, and attendant care services you need after suffering a severe injury. We can help you secure support and fair compensation.
Proving Liability in a Cycling Accident
With most lawsuits in Ontario, the onus is on the injured person to prove that their injury was caused by the wrongdoing of the party they are suing. However, when a cyclist is struck by a motor vehicle, the opposite is true—the driver must prove that they did nothing wrong. Our lawyers have a tremendous amount of experience when it comes to protecting our clients. We know how to gather and collect facts to ensure that our clients are properly compensated for their injuries following a cycling accident.
We will travel to your home, hospital, or wherever you are most comfortable meeting to discuss your options with you. We can’t change the past, but we can help change your future.
Compensation in Cycling Accident Cases
You may be entitled to different compensation types when pursuing a cycling accident claim. These include:
- Medical Expenses: This encompasses reimbursement for all medical costs related to your injuries, such as hospital bills, surgeries, prescription medications, rehabilitation, and ongoing treatments.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost wages. This includes future earnings if your injury has a long-term impact on your ability to work.
- Pain and Suffering: This compensation covers the physical and emotional distress you’ve experienced due to the accident and your injuries. Pain and suffering can include physical discomfort, anxiety and depression, and loss of enjoyment of life.
- Property Damage: If your bicycle or personal property was damaged in the accident, you may be eligible for compensation to repair or replace them.
- Rehabilitation and Therapy: Costs associated with physical therapy, occupational therapy, and other forms of rehabilitation can be included in your claim.
- Home Modifications: If your injuries require modifications to your home for accessibility, these expenses may also be covered.
- Housekeeping: When your injuries prevent you from performing housekeeping or handyperson tasks, then those may be recovered.
Our Expertise in Cycling Accident Cases
The David Hollingsworth team is firmly committed to advocating for cyclists’ rights, and our extensive experience in handling these accident cases sets us apart as your trusted legal partner. We understand the unique challenges that you, as a cyclist, face on the road, and we’re dedicated to securing the compensation you deserve. We have:
- Knowledge and experience: Our legal team has lawyers experienced in cycling accident claims. We have a deep understanding of the laws, regulations, and nuances in Ontario specific to these situations, allowing us to craft effective strategies for your case.
- Proven track records: With a history of successfully representing cyclists in a wide range of accident scenarios, we have secured substantial compensation for our clients. Our results speak to our dedication to achieving the best possible outcomes.
- Comprehensive investigations: We leave no stone unturned when investigating your case. From collecting crucial evidence, including accident reports, witness statements, and medical records, to consulting with accident reconstruction experts, we can build a strong foundation for your claim.
- Client-centered approaches: We understand the physical, emotional, and financial toll a cycling accident can take. That’s why we provide compassionate support throughout the legal process, keeping you informed and involved every step of the way.
Why Choose David Hollingsworth?
Aside from the expertise outlined above, the David Hollingsworth team also offers:
- Personalized legal strategies: Every person and accident is different. That’s why we’ll take the time to understand who you are and develop the best method to secure fair compensation.
- Transparent communication: We keep you in the loop every step of the way and are here to answer any questions or concerns you have in the process.
- You don’t pay until you get paid: We operate on a contingency-fee basis—we don’t receive payment until we’ve secured compensation on your behalf. This way, working with a personal injury lawyer is more accessible for all.
If you’ve been in a cycling accident, reach out to us today. We’re here for you. We care.
Cycling Safety Tips
Keep in mind the following tips to maximize your safety:
- Wear protective gear
- Keep your bike maintained
- Obey traffic rules and right-of-ways
- Stay visible by using lights, reflectors, and brightly-coloured clothing
- Stay aware at all times