Bicycle Accident Injury Lawyer
The Greater Toronto Area has become much more bicycle friendly lately, installing kilometers of new bike lanes. But cycling comes with risks – from inconsiderate or negligent drivers and unwary pedestrians, to poor road conditions and bad weather. As a cyclist, you must share the road with others (cars, buses, trucks, motorcycles, etc.) because under Ontario’s Highway Traffic Act a bicycle is a vehicle, just like a car or truck. However, in a vehicle/bicycle accident, the cyclist is just as vulnerable as a pedestrian to serious injury. So, if you’re injured in a bicycle accident, you should consult with a bicycle accident lawyer who specializes in securing compensation for medical bills, pain, suffering and lost wages.
What you need to know
Although bicycles are vehicles, cyclists are generally treated as pedestrians under the Highway Traffic Act, which means they are presumed to have the right-of-way on the roads. However, in nearly every vehicle and bike collision, the cyclist ends up injured. In Ontario, cyclists injured in car accident are covered by Accident Benefits, which are also known as No-Fault Benefits. In cases where the other person(s) is fully or partially at fault, you have the right to sue the driver who caused or contributed to the accident. This is called a tort claim or a fault-based lawsuit, and you can seek compensation for damages.
What you need to do
Knowing what to do and the steps to take after a bike accident can have a huge impact on your recovery and your claim for compensation. When you have suffered a serious injury in a bike accident, you should follow the steps outlined in our Accident Injury Guide, as soon as possible. Do not throw away your damaged clothing or cycling gear – it could be important evidence at trial.
- Within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection.
- Generally, you have two years from the date of the accident to file a lawsuit against the at fault parties. We can advise you regarding your access to Accident Benefits after a Bicycle accident. However, you must act fast as there are strict time limits.
- Within 7 days of the accident: Inform the accident benefits insurance company of the accident and that you were hurt.
- Within 30 days of receiving an accident benefits application: Send in the completed application that was provided to you by the insurance company. If you take longer, the insurer can delay your benefits for 45 days and may be able to deny you benefits altogether.
- Within 10 business days of receiving a request for information: Your insurance company can request information needed to determine your entitlement. You have 10 business days to provide it, or they can suspend or deny your benefits.
- Within 2 years of a denial: If your insurance company denies benefits to which you are entitled, you must apply to the License and Appeals Tribunal to dispute the denial.
Other important information
Even if you think you are at fault, you could still be a victim of negligence and should consult with our car accident lawyers. Possible negligence includes ice or snow-covered roads, defects on the road surface, improper road design or sightline obstructions. Lawsuits against cities and municipalities require that notice of a pending lawsuit be submitted within 10 days following the accident date. It is therefore urgent that you consult with our lawyers to take the necessary steps to protect your rights.
Within 2 years of a denial: If your insurance company denies benefits to which you are entitled, you must apply to the License and Appeals Tribunal to dispute the denial.
Compensation for your injuries can include damages for:
- Pain and suffering;
- Loss of income and out of pocket expenses;
- Loss of enjoyment of life;
- Economic losses incurred by family members;
- Cost of future medical treatment and care;
- Cost of future attendant care;
- Loss of future ability to earn money in the job market;
- Cost of housekeeping and caregiving;
- Loss of shared family income;
- Loss of care, guidance and companionship suffered by your immediate family;
- and more.
Should I get a lawyer after a minor accident?
Even if you think you are at fault, you could still be a victim of negligence and should consult with a reputable bicycle accident lawyer. Possible negligence includes ice or snow-covered roads, defects on the road surface, improper road design or sightline obstructions. Lawsuits against cities and municipalities require that notice of a pending lawsuit be submitted within 10 days following the accident date. It is therefore urgent that you consult with a law firm that will take the necessary steps to protect your rights.
How do I find a good personal injury lawyer?
Finding a good personal injury lawyer is an important step and can make a huge difference in your recovery. Your lawyers should have the right experience in situations like yours, and a proven track record winning cases and getting fair compensation from the insurance companies. They will take the time to make sure you are comfortable with the process and know what you can expect. They will not make empty promises about how much money you will get or how quickly they can resolve your claim. Instead, they will deal fairly with you and treat you with respect.
What do I do if I get hit by a bike?
Knowing what to do and the steps to take after a cycling accident can have a huge impact on your recovery and your claim for compensation. When you have suffered a serious injury in a cycling accident, you should follow the steps outlined in our Accident Injury Guide, as soon as possible.
How Campisi can help
If you’ve been hurt in a bicycle accident, put our decades of personal injury law experience to work for you. We will help you win fair compensation for a variety of bicycle accidents and injuries caused by collisions with cars, car doors, buses, streetcars, poor or faulty infrastructure and more.
Insurance companies use a number of factors to value a case. These include: your age, amount of vehicular damage, whether you were hospitalized, whether you sustained fractures and your loss of income. At Campisi LLP, we know these details don’t tell the whole story.
We are available 7 days a week to answer your questions, provide legal advice and help you and your family through difficult times.
Cases that Campisi has won for cyclists:
- Client with a significant pre-existing medical condition suffered a traumatic brain injury. It appeared that he bore a significant amount of fault for the accident and his compensation was also reduced because he was not wearing a helmet. Total compensation exceeded $2.3 million
- Client experienced chronic pain following a broken collarbone. Total compensation exceeded $1.1 million.
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Why Choose Campisi?
A champion with heart
When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.
We guarantee to always put your future first
You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.
Campisi is head of the class
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. He has been recognized in the 2022 edition of Best Lawyers® in Canada for Personal Injury Litigation, a highly respected resource for both clients and professionals. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.