Bicycle Accident Lawyer

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    Home > Practice Areas > Bicycle Accident Lawyer

    Cycling is a popular pastime and mode of transportation for many. While it cuts down on emissions and promotes health, navigating roadways on a bicycle comes with inherent risks. Cyclists are often perceived as vehicles, expected to adhere to the same road rules. However, when dealing with legal concerns, these riders are categorized as pedestrians. Understanding these dynamics is crucial when navigating legal matters related to bicycle accidents.

    Circumstances Surrounding Bike Accidents

    Despite available facilities like sidewalks, designated bike lanes, and wide shoulders, it’s not uncommon for cyclists to face hazards on the roads. Instances of drivers neglecting to check mirrors or blind spots, illegally parking in bike lanes, encroaching on the cyclists’ space, or tailgating can all contribute to bicycle accidents. Although cyclists are advised to maintain constant vigilance, accidents can still occur. If you find yourself injured in a bike-related collision, consulting a legal professional specializing in bicycle accidents may be beneficial.

    Bike Accident Statistics

    Analyzing the patterns of bicycle accidents can aid both cyclists and drivers in understanding how to prevent such incidents. For example, peak bicycle accidents are often reported during evening rush hours,1 primarily due to the decreased visibility of cyclists amidst heavy traffic. The absence of dedicated bike lanes in certain areas can increase the likelihood of accidents as drivers may not anticipate sharing the road with cyclists.

    Numerous bicycle injury statistics highlight the dangers that can be associated with inattentive drivers. Annually, about 73% of bicycle accidents that result in a fatality also involve a motor vehicle. However, these collisions have been rising since the start of the COVID-19 pandemic as many citizens are opting to ride their bikes rather than drive.

    Bicycling Laws in Ontario

    The Highway Traffic Act of Ontario declares that a bicycle should be treated the same way as a motor vehicle in most settings. This ensures that cyclists have defined rights and obligations when maneuvering on roads. Drivers are mandated to recognize and respect the space cyclists require and are responsible for being attentive to the presence of cyclists, especially at intersections, on sidewalks, near curbs, and in bike lanes.

    Cyclists have a duty to enhance their visibility, adhere to road traffic regulations, and yield to vehicles when the latter have the right of way. Conversely, drivers are required to recognize bicycles as another vehicle. This means respecting the cyclist’s right of way when appropriate, ensuring a safe distance during overtaking, and taking special care during turns to prevent cutting off or colliding with a cyclist.

    Types of Bicycle Accidents

    Similar to various types of car accidents, there are several common types of bicycle collisions. Bicycle accidents get these monikers because of the frequency of which they happen and how they happen. While riding a bike, the possibilities of getting in an accident include:


    Dooring occurs when a driver in a parked vehicle doesn’t check for oncoming traffic when opening the driver-side door. If a cyclist is approaching, they may not be able to stop in time to avoid crashing into the door.


    Two types of accidents, known as the right hook and left hook, refer to drivers cutting cyclists off when making a turn. The cyclist doesn’t see the vehicle cross their path and collides with it.


    There are two typical scenarios here. First, a cyclist mistakenly enters an intersection disregarding a traffic signal or sign. In the second scenario, a motorist, possibly distracted, doesn’t yield as required and collides with the cyclist within the intersection. According to one study, bicycle accidents have a higher likelihood of occurring in intersections compared to other road areas.

    Potential Catastrophic Injuries

    Unfortunately, when cyclists are injured in an accident, they tend to be in a far worse position than the driver of the vehicle. With just a helmet for protection, cyclists are more vulnerable to physical harm. As a result, these injuries tend to be slightly different than the ones seen in victims who are involved in car accidents.

    Cyclists might face a range of catastrophic injuries, including:

    • Broken bones, due to forceful impacts that can eject a cyclist from their bike.
    • A head injury like a concussion, which can still occur even with a properly secured helmet. Based on one scientific study, cyclists who had previously been in accidents reported having more than 77% of symptoms associated with concussions.2
    • Falling on the pavement or gravel may cause severe lacerations, like road rash, that turn into disfigured scars.
    • Spinal cord injuries are not uncommon and can cause some of the most significant impacts on your life. Specifically, cervical spine injuries are of increased concern following a bicycle accident.3

    One study found that cyclists involved in accidents are at a higher risk for multi-traumas, meaning more than one severe injury as a result of a collision.

    What to Do When You’re Involved in a Bicycling Accident

    If you’re hit when cycling, seeking medical attention is essential, even if you don’t feel the need for it. The adrenaline running through your body may mask the symptoms of real pain and trauma, and it is better to have your injuries looked over by a doctor. If circumstances allow, document the accident scene and gather contact information from witnesses. This can help you prove the driver was at fault for the accident should you decide to take them to court.

    Recovering from a Bicycle Accident

    After your accident, you may be required to stay in the hospital for an extended period of time while medical professionals monitor your injuries. Depending on your ailments, you may need extensive surgeries and therapy to help restore your health in some way. In other cases, you might find yourself unable to return to work or support your family like you once did, causing extensive difficulties resulting from your injuries. While recovery should be the most important thing you are worried about, it can also weigh on your responsibilities and make things even harder.

    A Bicycle Accident Case explained by Kanon Clifford


    Bicycle accidents can have devastating effects, both physically and emotionally. When a cyclist is involved in an accident caused by the negligence of another party, they have the right to seek compensation for their injuries. In this blog, we will discuss a recent case where a cyclist was injured due to the negligence of a motorist, and the subsequent legal battle that resulted in a successful outcome for the injured cyclist.

    The Type of Incident

    The incident occurred when our client, a 35-year-old cyclist, was riding his bicycle on a busy road. The motorist, who was distracted while texting on their phone, failed to notice the cyclist and collided with him from behind. The force of the impact caused the cyclist to fall to the ground, resulting in multiple injuries.

    The Extent of Injuries

    The cyclist suffered from several injuries as a result of the accident, including a fractured collarbone, a concussion, and a laceration to the back of the head. He also suffered from bruises and abrasions to his arms and legs.

    The Physical and Emotional Effects of the Injury

    The physical effects of the injury were significant, and the cyclist had to undergo several surgeries to repair his collarbone and head injuries. He also had to undergo physical therapy to regain strength and mobility in his arms and legs. The emotional effects of the injury were also profound, as the cyclist was unable to participate in his favorite activities and was forced to take time off from work.

    How the Client’s Life was Impacted

    The cyclist’s life was impacted in several ways. He was unable to work for several weeks due to his injuries, resulting in a loss of income. He was also unable to ride his bicycle or participate in other physical activities for several months. During his recovery, he had to rely on friends and family for support and assistance with daily tasks.

    Rehabilitation and Recovery

    The cyclist’s rehabilitation and recovery were lengthy and difficult, but he was determined to regain his strength and mobility. He worked closely with his physical therapist and followed a strict rehabilitation plan. With time and effort, he was able to regain most of his strength and mobility and was eventually able to return to work and his favorite activities.

    The Result of the Trial/Settlement

    After a lengthy legal battle, the case was settled out of court for a significant sum. The settlement covered the cyclist’s medical expenses, lost income, and pain and suffering. While the amount of the settlement cannot be disclosed, it was enough to compensate the cyclist for his injuries and help him move forward with his life.

    Notes on How the Client Felt after the Case was Settled

    The client was relieved that the case was settled and that he could move forward with his life. He was grateful for the support he received from his legal team and the outcome of the settlement. While he will never forget the pain and suffering he endured as a result of the accident, he is grateful for the opportunity to put the incident behind him and move forward.


    Bicycle accidents can have devastating effects on the lives of those involved. When a cyclist is injured due to the negligence of another party, they have the right to seek compensation for their injuries. In this case, our client was able to successfully pursue a legal case against the negligent motorist and receive a settlement that compensated him for his injuries and allowed him to move forward with his life. If you or a loved one has been injured in a bicycle accident, it is important to seek the advice of an experienced personal injury attorney who can help you navigate the legal process and ensure that you receive the compensation you deserve.

    Hiring a Seasoned Bicycle Accident Lawyer

    At Bergeron Clifford, we believe that cycling should not be hazardous to your health or well-being. We have found that many bicycle accident victims are relatively young and healthy, but due to a collision, they may need long-term care and compensation for life-altering injuries. Our lawyers will give your case the care it deserves. This includes:

    • Ensuring that your case is viewed with an understanding of your rights as a cyclist.
    • Ensuring that you are not blamed unreasonably and that the person who harmed you is held accountable.
    • Helping you with insurance issues if you have no coverage of your own.
    • Sending you to the right professionals for evaluations and care.

    Navigating the difficulties surrounding a legal case of this nature may feel nearly impossible to do on your own. However, with a bicycle accident attorney, you can rest assured they have the knowledge when it comes to these kinds of incidents and the specifics your case might present. Whether your accident resulted from road hazards or a driver, our team at Bergeron Clifford is ready to help.

    Being uninformed about cyclist rights can lead to potential disadvantages, especially when dealing with insurance firms or law enforcement. We can construct a compelling case that highlights the unsafe conditions you faced and their lasting impact, aiming to secure appropriate compensation. For more information on our services, reach out to us today.

    Frequently Asked Questions

    After a bicycle accident, you may be eligible to pursue various types of compensation tailored to your specific case. The goal of seeking compensation is to assist you in recovering physically, emotionally, and financially from the impact of the accident. Some common types of compensation that individuals often pursue include medical expenses, rehabilitation costs, lost wages, pain and suffering, property damage, and future expenses related to sustained injuries.

    In Ontario, the timeframe to file a bicycle accident claim is determined by the provincial statute of limitations. It is essential to understand these limitations and consult with a bicycle accident lawyer promptly to ensure your claim is filed within the required timeframe.

    In general, under Ontario law, the statute of limitations for a personal injury claim arising from a bicycle accident is two years from the date of the accident. Consulting with our legal team, we can assess the specifics of your case, gather necessary evidence, and file your claim within the applicable timeframe.

    In Ontario, if you are involved in a bicycle accident where the driver flees the scene, commonly known as a hit-and-run accident, you may still have options for pursuing a claim despite the unique challenges it presents. It is crucial to take immediate action by reporting the incident to the police and contacting our experienced bicycle accident lawyers as soon as possible.

    During your report, detail everything you can remember to the police and provide as much information as possible, such as a description of the vehicle, license plate number if available, and any other details that can aid in their investigation. The police can work to identify the driver involved in the accident. From there, our team can help you navigate the process of making a claim to seek compensation for your injuries and damages.

    1. “Bike Safety Statistics.” n.d. CAA National.
    2. Rice, Sarah, Mary Alexis Iaccarino, Saurabha Bhatnagar, Greg Robidoux, Ross Zafonte, and Dana H. Kotler. 2020. “Reporting of Concussion-like Symptoms after Cycling Crashes: A Survey of Competitive and Recreational Cyclists.” Journal of Athletic Training 55 (1): 11–16.
    3. Eng, Svend Filip, Ingar Næss, Hege Linnerud, Pål Rønning, Tor Brommeland, Magnus Evjensvold, Terje Sundstrøm, et al. 2022. “Bicycle-Related Cervical Spine Injuries.” North American Spine Society Journal (NASSJ) 10 (June): 100119.

    Contact Bergeron | Clifford LLP

    Contact us if you have suffered a motor vehicle injury in Eastern Ontario. Call us at 866-384-5886 or fill out our online form. We can meet you in Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

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