In bicycle accidents involving motorists, it's often the case that the drivers of motor vehicles escape with minor injuries, while cyclists can suffer severe harm with potentially long-lasting consequences. Following a bike accident, cyclists are at a higher risk of experiencing serious injuries like broken bones, head trauma, and spinal cord injuries that may lead to paralysis.
In Ontario, bicycle accident cases place the burden of proof on the driver to demonstrate their lack of negligence. While this may lead many cyclists to assume they'll automatically receive fair compensation for their injuries, property damage, or pain and suffering, such outcomes are never guaranteed. If you've been involved in a serious cycling accident, engaging a bicycle accident lawyer is the best way to ensure you receive the compensation you rightfully deserve. In this post, we'll delve further into the intricacies of bicycle accident cases, including how to establish fault.
What Should You Do After a Bicycle Accident?
In the immediate aftermath of an accident, whether it's a hit-and-run or the motorist remains at the scene, there are crucial steps to follow:
- Contact the Police: Call the police immediately so that a police report can be generated promptly. This report may be referenced by your lawyer and insurance company later on. Ensure that the officer at the scene records your version of events as well as the driver's.
- Document the Scene: Take photographs and videos of the accident scene, capturing images of the vehicle involved, your bicycle, your injuries, and the surroundings. This tangible evidence can be invaluable.
- Exchange Information: Exchange contact and insurance information with the driver, and gather contact details from any witnesses present.
- Seek Medical Attention: Even if you feel unharmed initially, it's crucial to seek medical attention as soon as possible after the collision. Some injuries, such as head and neck trauma, internal injuries, and traumatic brain injuries, may not manifest immediately. Document and photograph your injuries throughout your treatment to establish a record that can be used in a court case, if necessary.
What Are Drivers' Responsibilities On the Road?
Motorists have fundamental responsibilities when operating their vehicles, including obeying traffic signals, adhering to speed limits, and never driving under the influence. They should also avoid distractions, such as eating or using their phone, and remain vigilant of their surroundings. In areas with increased risk, such as school zones or construction zones, drivers must exercise extra caution.
Furthermore, drivers have a responsibility to share the road safely with cyclists and pedestrians. They should maintain awareness of their surroundings, check for bicyclists before merging or making turns, and adhere to red lights, particularly at crosswalks. It's vital for drivers to recognize that a bike accident poses significantly greater danger to the cyclist than to themselves and behave accordingly.
What Are Cyclists' Responsibilities On the Road?
While the law initially favors accident victims, cyclists also have responsibilities to uphold road safety. Reckless behavior on the part of a cyclist could result in the court shifting the burden of proof onto them rather than the defendant. Contributory negligence may lead to reduced compensation even if the driver is primarily at fault.
Cyclists should adhere to basic traffic laws, including obeying traffic signals and riding in the same direction as vehicular traffic. Avoid distractions, such as listening to music while riding, and wear reflective clothing when cycling at night to enhance visibility. Common-sense practices, like crossing crosswalks when cars are stopped rather than pulling in front of oncoming traffic, are also advisable to prevent potential claims of comparative negligence.
What Happens When You File a Claim?
A successful personal injury claim following a bicycle accident can result in financial compensation for various aspects of your injuries, including medical expenses, lost wages, and diminished quality of life. Some car insurance policies offer "no-fault" benefits, allowing you to file a claim with your own insurance company. However, your insurance benefits might not cover the full extent of your losses. If you lack insurance, your attorney can assist you in submitting a claim to the driver's insurance company. The insurer may require you to provide details about the circumstances surrounding the accident to establish the driver's liability. An experienced bicycle accident lawyer can help you file a claim and use documentation such as police reports and medical records to bolster your case. In cases where no insurance is available, Ontario law provides the Motor Vehicle Accident Claims Fund (MVACF) for cyclists without insurance who cannot contact the driver's insurance company. This fund can provide a maximum of $200,000 per accident.
Hiring a personal injury lawyer is crucial to ensure you receive the full compensation you deserve. Insurance companies might deny your claim or refuse to pay the full amount. Personal injury lawyers can assist in building a strong case and filing a claim, significantly increasing your chances of receiving complete compensation. Contact VC LAWYERS to discuss your case. With our high level of professional expertise in bicycle accidents and personal injury cases, we ensure our clients receive the compensation they deserve. Call VC LAWYERS today at 1-(855) 932-4929 for a free consultation!!