Cycling is a popular pastime and mode of transportation for many. While it cuts down on emissions and provides good exercise, biking on roadways can be a dangerous endeavour. As a cyclist, most cars consider you to be just another vehicle on the road and expect you to follow the same rules as they do. However, when dealing with legal concerns, these riders are considered pedestrians. This is especially important when dealing with bicycle accidents.
With sidewalks, designated lanes, and plenty of shoulder space, it would seem imperative that drivers give cyclists room on the road. But this is not always the case. Failing to check their mirrors or blind spots when turning or opening their doors, parking in bike lanes, crowding the road, and following too closely can all contribute to potential hazards. In these cases, cyclists must remain vigilant, but sometimes that is not enough. If you have been hurt in a cycling collision, it may be in your best interest to speak with a bicycle accident lawyer.
Bike Accident Statistics
The knowledge of how and why bicyclists get into accidents can help bikers and drivers learn how to avoid being involved in one. For example, most bicycle accidents occur around rush hour in the morning and evening, both times when drivers aren’t able to see bicyclists as easily as they can in full daylight. If you live in an area where there aren’t a lot of bicycles on the road, there are likely no dedicated bike lanes. As a result, drivers likely aren’t expecting to share the pavement with you and may not be aware of their responsibilities.
Numerous bicycle injury statistics are available that highlight the dangers that can be associated with drivers simply not paying attention. 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 means you have rights and responsibilities when riding your bike on the street. Drivers need to give you the space you need and accept the responsibility of being on the lookout for cyclists at intersections, on sidewalks, near curbs, and in bike lanes.
What Are the Rules for Cyclists?
As a bicyclist, you need to make a reasonable effort to make yourself visible, obey vehicle traffic laws, and yield to cars when others have the right of way. In return, drivers must treat your bicycle as another vehicle. This means yielding to you when it’s your turn, maintaining proper space when passing you, and being vigilant when making turns to ensure no cyclists are approaching from their blind spot.
Types of Bicycle Accidents
Similar to various types of car accidents, there are several common types of bicycle collisions. These are so named 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 bicyclists 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 failure-to-yield scenarios to consider. The first is when the bicyclist assumes they can enter an intersection without obeying a traffic light, stop sign or yield sign. In the other scenario, a distracted driver doesn’t yield to the person on the bike and hits them in the intersection.
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 to protect you, you 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.
As a bicycler, you are at a greater risk for specific catastrophic injuries, especially broken bones. These impacts tend to be forceful, throwing you off your bike and causing your body intense pain. Even a properly secured helmet could result in a head injury like a concussion. Falling on the pavement or gravel may cause severe lacerations that turn into disfigured scars. Spinal cord injuries are not uncommon and can cause some of the most significant impacts on your life, such as paralysis.
What to do When You’re Involved in a Bicycling Accident
If you’re hit by a driver not following the law, 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 possible before leaving the scene, take pictures of the accident and get contact information from any witnesses who saw what happened. 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 they monitor your injuries. Depending on your ailments, extensive surgeries and therapy could be needed 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
Introduction
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.Conclusion
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 bicyclist.
- 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 that may surround your claim. Whether your accident was the result of road hazards or a driver, our team at Bergeron Clifford can help.
It’s possible that you are unaware of your legal rights as a cyclist, and there’s a chance that law enforcement and insurance companies may brush off your concerns as they relate to your accident. However, we can build a case that demonstrates the unsafe conditions and their results of continued strain on your day-to-day life, therefore securing you fair compensation to be able to live with dignity. For more information on our services, reach out to us today.
RELATED LINKS
- Spinal Cord Injuries
- Brain Injuries and Concussions
- Amputation
- Broken Bones and Orthopedic Injuries
- Chronic Pain, Headaches and Chronic Fatigue
- Injuries to Children
- Depression and Post-Traumatic Stress Disorder
- Whiplash and Soft Tissue Injuries
- Wrongful Death
- Other Injuries and Claims
- Insurance Denials
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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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