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Bicycles are gaining popularity as a good form of transportation with bicycle-sharing programs making cycling an accessible option. While cycling is a fun and healthy way to commute, there are some unfortunate incidents when bicycles and cars share the road.
Between 2006 to 2010, there were 129 bicycle accidents in Ontario, according to a review released by the Office of the Chief Coroner for Ontario. With 600,000 cyclists out on bikes each day, biking advocacy groups are lobbying for better infrastructure to keep them safe.
In the unfortunate case when a cyclist collides with a car, it should be treated the same as a motor vehicle accident. First, 911 should be called to report the accident and both parties should wait until the police arrive. Just as in car accidents hit and run also applies to cyclists. It’s important that neither party leaves the scene until they’ve discussed the situation. You should also see if there are any witnesses to the incident.
The driver’s information should be taken, which includes their name, phone number, insurance policy details and a vehicle description and license plate number.
If you suffer from any injuries after the accident, it’s important to visit the doctor and receive a doctor’s note. If your bicycle needs to be repaired, visit a bike shop for a written estimate. If you have insurance, you want to speak your insurance broker, and if not, get in touch with the driver’s insurance company.
A recent Toronto Star article looked into the Toronto Police’s investigations into cycling fatalities and unfortunately there are some shortcomings. Protect yourself by gathering all the appropriate evidence to prove how the incident took place and what the consequences were.
If you decide to file a lawsuit against the driver, you would file for an accident benefits claim where “reverse onus” applies, which means that the driver is responsible for proving that they weren’t negligible when driving. Unfortunately, a common accident between a motor vehicle and a bicycle is dooring, which is when the cyclist is hit by the door of a car.
If a cyclist is involved in an accident with another cyclist or a pedestrian and is injured, this wouldn’t be covered by motor vehicle insurance. Instead, they could be covered by their homeowners insurance policy.
Cyclists can ride safely by ensuring that they’re wearing a helmet and wearing bright coloured clothing if they’re riding when it’s dark outside. Just like a car, they should ensure that their bicycle is in good working order and make sure to follow traffic laws.
Cyclists can bike safely, but unfortunately collisions do happen. Personal injury law firm Neinstein Personal Injury Lawyers has over 40 years of experience in handling various accident benefits claims. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Greg Neinstein
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