Bicycle Accident Injury Lawyer
Cycling is a fun and healthy activity, it’s a low-cost way to commute to work, and it’s good for the environment. Unfortunately, on Ontario’s busy roads, 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.
We will help you win fair compensation for a variety of bicycle accidents and injuries caused by collisions with cars, car doors (also known as ‘dooring’), buses, streetcars, poor or faulty infrastructure and more.
What to do next
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, the following actions need to be taken as soon as possible:
- Seek medical assistance. If no ambulance is called to the scene, attend the ER of your hospital. You will not know the extent of your injuries.
- Write down the names, addresses and telephone numbers of the people who were involved in the accident, as well as any witnesses.
- Do not throw away your damaged clothing or cycling gear – it could be important evidence at trial!
- Consult a personal injury lawyer with expertise in accident benefits claims and lawsuits. You need to understand your rights and obligations.
- Let your family doctor know that you have been injured. Report all your symptoms.
- Report the accident to your car insurance company as soon as possible after the accident, or if you don’t have one, to the insurance company of the vehicle that hit you.
- Report the accident to your employer or school, and if you have disability insurance available, inform that insurance company of your injuries.
- Report the accident to any other insurer you may have (for example mortgage or debt forgiveness through credit cards).
- If the police did not attend the scene, report the accident at the collision reporting centre.
- Keep receipts of all accident-related expenses.
- Tell your family to keep a record of dates and times that they have spent caring for you, and their out-of-pocket expenses.
You do not have to speak to the insurance company of the other parties involved in the accident. It is a good idea to have a lawyer with you, if and when you decide to provide a such a statement, because what you say could affect your right to compensation.
If you or a loved one has been seriously injured, you need a personal injury lawyer who puts client care first and who also knows how to navigate the complex legal system. Our clients benefit from a team that includes an Osgoode Hall law professor and published legal author, as well as legal experts who have won landmark cases that have changed the law. However, we achieve a consistent client satisfaction rating of 97%, because we are passionate about helping our clients achieve their best outcomes and rebuild their lives.
Put our decades of personal injury law experience to work for you. We are available 7 days a week to answer your questions, provide legal advice and help you and your family through difficult times.
When can you claim
Cyclists are typically treated as pedestrians under the Highway Traffic Act, which means you are presumed to have the right-of-way on the roads. In nearly every vehicle and bike collision, the cyclist ends up injured. In Ontario you 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.
COMPENSATION SOURCES IN ONTARIO
If you have short-term or long-term disability benefits available through your job or a private policy, you should apply for those benefits immediately. That insurance policy is considered the first payor, and your car insurance will take over once the private or disability insurance limits have been exhausted or denied.
Accident Benefits (No-Fault)
Ontario has an Accident Benefits system that is designed to provide you with fast access to essential benefits when you are injured, regardless of who is to blame for the accident. They are often referred to as No-Fault Benefits. Under the no-fault system, each person deals directly with their own car insurance company for health care, income replacement and other benefits. Note that if you were injured on a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits. If you are struck by a motor vehicle on your bicycle, Ontario law provides several different ways to seek appropriate compensation for your injuries. Depending on the specific circumstances of the crash, your no-fault accident benefits and your damages in a lawsuit could be paid from the following sources:
- The motor vehicle driver’s insurance;
- Your own auto insurance (if you have any), your spouse’s, or a parent’s if you are a dependant; or, the Motor Vehicle Accident Claims Fund.
Negligence Lawsuits (Fault-based)
In addition to the accident benefits claim, you can sue the parties responsible for losses caused through their negligence. This is called a tort claim and includes compensation for:
- Your pain and suffering;
- Your economic losses and out-of-pocket expenses;
- 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.
For more information on available accident benefits and amounts, see the accident benefits table in our Car Accident eBook.
Even if you think you are at fault, you could still be a victim of negligence and should consult with Campisi LLP. Areas of potential negligence include ice- or snow-covered roads, defects on the road surface, improper road design and line-of-sight obstructions. Lawsuits against cities and municipalities require you to provide notice of the possible litigation within 10 days following the accident date. It is therefore urgent that you consult with Campisi LLP to take the necessary steps to protect your rights.
We have the experience, knowledge and determination to help you win fair compensation for your cycling injuries.
Impaired Driving Accidents
At Campisi LLP, we ensure that each member of our team is trained to fight for the rights of clients who have been injured at the hands of an impaired driver. You will receive guidance and expertise from our accident benefits team, who have the experience and focus necessary to advocate on your behalf. We have the expertise to win these complex disputes. If you’ve lost a loved one due to an impaired driver, our lawyers can advise you on your family’s rights.
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 potential access to Accident Benefits. When they are available, 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.
If your injury involved a motor vehicle, Ontario has an Accident Benefits system that is designed to provide you with fast access to essential benefits when you are injured, regardless of who is to blame for the accident. They are often referred to as No-Fault Benefits. Under the no-fault system, each person deals directly with their own car insurance company for health care, income replacement and other benefits. Note that if you were injured on a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits.
We have achieved exceptional results for our clients against some of the world’s largest and most prominent insurance companies, law firms and corporations including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich, among others. Contact us today to learn how Campisi’s experts can help you with your case.
We Win Cases That Change The Law
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer and a past member of the Brain Injury Society of Toronto, he is a Professor of Insurance Law at one of Canada’s top law schools – the only Personal Injury Lawyer in Ontario with a Ph.D. in Insurance Law. Our lawyers have successfully represented thousands of clients with serious injuries like these, and use their extensive knowledge of the law, the medicine and the insurance system to win your case.
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.