Cycling is fun and an excellent form of exercise, not to mention a great way to get around. The number of Canadians who use a bicycle as their main form of communing nearly doubled between 2006 and 2016. That trend is expected to continue.
With increased numbers of bicyclists comes an increase in the number of road accidents. Cyclists are at risk of sustaining severe injuries in bicycle accidents involving motor vehicles due to cyclists’ relative lack of protection. A bike is just no match for a car or truck when a collision occurs.
Let’s have a look at some of the most common injuries caused by bicycle accidents and talk about claiming compensation for personal injuries that arise from road accidents involving bikes.
Common types of injuries
Bicycle accidents can cause minor injuries such as scrapes and bruises, or they can result in more serious, debilitating injuries with lasting health implications. Cycling accidents can also be fatal. On average, 74 Canadians die in bicycle accidents each year, and 73% of those deaths involved collision with a motor vehicle. If you have lost a loved one to a fatal cycling accident, you may be able to claim compensation. Reach out to an accident lawyer to talk about legal options, including a wrongful death claim.
At our personal injury law firm, these are the most common injuries we come across in bicycle accident claims:
Bone fractures, including skull fractures, fractures to the face (cheekbones, jaw, etc.), broken shoulders, clavicles, ribs, pelvis, hips, knees, and ankles
Chipped/broken teeth or other dental injuries
Soft tissue injuries to the neck and back (whiplash injuries)
Injuries to the knees, including torn ligaments and tendons and damage to the knee joint
Road rash, lacerations, and scarring
Amputation of limbs
Internal bleeding and damage to internal organs (e.g., punctured lung; laceration of the liver)
Spinal cord injuries, which can cause debilitating pain, paralysis, quadriplegia, or tetraplegia
Brain injuries, including concussions—even when the cyclist was wearing a bicycle helmet at the time of the crash.
Traumatic brain injuries and severe spinal cord injuries are top factors in bicycle–related deaths and the majority of long-term disabilities. You should work with an experienced accident lawyer as wrongful death and catastrophic injury cases can be very complex.
Claiming compensation for bicycle road accidents
Cycling injuries require proper care and treatment, which costs time and money. More serious injuries may necessitate extensive treatment and care for the rest of the person’s life and cause significant income loss. An injured cyclists has legal options for obtaining financial compensation
First, if a motor vehicle is involved, an injured cyclist is entitled to claim no-fault accident benefits regardless of who caused the crash. A cyclist who has an Ontario automobile insurance policy or who is a listed driver on someone’s policy can claim accident benefits through that policy. A cyclist who has no coverage is entitled to claim accident benefits from the policy of the owner of the vehicle that was involved in the collision.
Second, an injured cyclist can bring a personal injury lawsuit against the driver who caused the accident. In fact, Ontario law has been designed to protect a cyclist struck by a motor vehicle. The usual rule in a personal injury lawsuit is that the plaintiff must prove the accident was caused by the defendant. When it comes to a cyclist injured in a motor vehicle accident, the situation is different. The Highway Traffic Act puts the burden on the driver to prove that the cyclist’s injuries were not caused by the driver’s negligence. This is known as a “reverse onus.”
It’s important to understand that Ontario laws require accident victims file documents and start lawsuits within certain time periods. It is very important to be mindful of these deadlines. Incorporating a bicycle accident lawyer into your recovery plan right away is the best way to ensure you meet the deadlines and put forward the strongest claim possible.
Talk To An Accident Lawyer About Your Case
Littlejohn Barristers is here to help if you or a loved one has been hurt in a cycling accident. An experienced accident lawyer from our personal injury law firm can examine all the facts of your case, including the impact on your life and your family, and advise you of your legal options for obtaining financial compensation. We can help you build a strong case to ensure that the negligent driver is liable for the accident
Contact an accident lawyer in Barrie at our law firm today. We serve clients in Collingwood, Orillia, Midland and Barrie. Call us at 705-725-7355 to schedule your free initial consultation.