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

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.

Hooking

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.

Failure-to-Yield

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.