Cycling is a great way to get around the city. It’s quick, convenient and much better for the environment. Unfortunately, thousands of cyclists are hit by cars and other vehicles every year in Ontario, resulting in hundreds of serious injuries, including broken bones, spinal cord injuries, traumatic brain injuries and even death. The majority of collisions occur at intersections, with many of those caused by drivers who may be distracted or who have otherwise failed to pay attention to the conditions around them.
If you’ve been hit while cycling, it’s important to know that insurance benefits may be available to help you, including Statutory Accident Benefits and in cases of serious injury, compensation from the driver’s insurance company. For more information on what insurance benefits may be available to you, visit my page on car accidents.
The Law Regarding Bicycle Accidents:
Pursuant to Section 193(1) of the Highway Traffic Act, R.S.O. 1990 c. H. 8, where a cyclist is injured as the result of a collision with a car (or motorcycle or truck), the motor vehicle driver has the onus to prove, on a balance of probabilities, that the driver did not cause the collision. This is known in law as the ‘Reverse Onus’. Significantly, the law provides that the driver is bound to use reasonable care to prevent the collision, even where the driver has the right of way. See e.g. Pelletier v. Her Majesty the Queen, 2013 ONSC 6898 (CanLii).
If you or a loved one has been injured in a bike accident and need legal assistance please call our Toronto and Hamilton personal injury lawyers of Michael’s Law Firm at 647-495-8995. You can also request a free confidential assessment of your case by completing our online form.
There are no fees unless we win or settle your case!