With the arrival of Spring and the recent warm weather in Toronto and the GTA, more bicyclists are out on the streets. As the weather continues to warm up, the number of bicycles on our streets will increase. That also means that drivers of other vehicles need to be vigilant and aware of their surroundings.
We all know that motor vehicles present a major danger to pedestrians and bicyclists. The sad reality is that accidents involving pedestrians and bicyclists very often result in catastrophic or fatal injuries. Even relatively minor, low speed collisions with a pedestrian or cyclist can result in serious injuries. Additionally, many pedestrians and cyclists are children, and they may not have the same safety instincts and experience, which make them even more vulnerable.
Drivers in Toronto and the GTA can help prevent serious pedestrian and bicycle accidents by simply paying attention to their surroundings. This means avoiding reckless driving and curbing habits that can take your attention away from the road.
If you do choose to engage in reckless or negligent driving, you should be aware that a civil lawsuit can hold you liable for your actions. In Ontario, drivers of motor vehicle are presumed negligence when they are involved in an accident with a cyclist or pedestrian. Drivers of vehicles may be required to pay compensation to the victim or their family. In some cases, accidents involving pedestrians and cyclists may even result in criminal charges against the vehicle driver.
We owe it to cyclists to pay attention and be safe this season. Drive safe.
There have been several serious accidents involving bicycles on Toronto and GTA roadways this November. This morning, there are reports of another cyclist that was injured in a collision with a motor vehicle. This most recent bicycle accident occurred during the early morning on Friday November 22, 2013 in the Lakeshore Road and Dixie area. Earlier this week, Adrian Dudzicki, a Canadian Squash player, died as a result of injuries after he was struck by a vehicle while riding his bicycle.
First and foremost, we offer our sincere condolences to the family and friends of Adrian Dudzicki for their sudden and tragic loss. We also hope that the cyclist that was struck this morning, will make a speedy and complete recovery from his injuries.
Although bicycle accidents in Toronto and the GTA can happen year round, there is a greater risk for cyclist and pedestrian accidents when it is dark and the weather is poor. With the colder weather, pedestrians and cyclists tend to wear heavier and darker coloured clothing. With less daylight, it is also more difficult for drivers to see pedestrians and cyclists. Drivers need to exercise caution, particularly in urban areas, and be on the lookout for pedestrians and cyclists. At the same time, if you are walking or riding your bicycle, it is important to make sure you are clearly visible to drivers. Wear reflective or bright coloured clothing. Do not assume that a driver has seen you and will yield; try to make eye contact with drivers of vehicles.
What Rights Do You Have As a Cyclist if You Are Hit by a Car in Toronto or elsewhere in Ontario?
Cyclists and pedestrians that are injured in an accident with a car, may be able to claim compensation from their own auto insurance policy, if they have one, and from the insurance policy for the car that struck them. These claims are referred to as Accident Benefits from your own auto insurance policy and the Tort Claim against the at-fault driver.
What are the rights of family members of a pedestrian or cyclist who is killed as a result of an Ontario car accident?
In Ontario, when a pedestrian or cyclist is killed as a result of a car accident, the surviving family members may have a claim for wrongful death. A bicycle or pedestrian fatality claim is a civil claim and it does not assign criminal responsibility for the death. Most often the proceeds are paid by an insurance company from the vehicle that caused the accident.
Talk to a Toronto Bicycle Accident Lawyer About Your Rights:
If you were injured in a bicycle or pedestrian accident, or if you have lost a loved one, call us for a Free Consultation. We offer prospective clients a free, confidential, and no-obligation consultation with an experienced bicycle and pedestrian accident lawyer. To request a free consultation, call us at 416-900-1070 or toll free at 1-866-234-6093.
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A woman was struck by a vehicle while riding her bicycle on 19th Avenue near Highway 48 in Markham, Ontario. The vehicle that struck the woman failed to remain at the scene of the accident. This Markham hit-and-run bicycle accident occurred on Wednesday, August 15, 2012, at approximately 7:30 am.
The cyclist, a 52-year-old woman from Toronto, was reported taken to hospital with serious injuries. First and foremost, we would like to offer our support for the woman that was seriously injured as a result of this hit-and-run accident. We hope that she makes a complete recovery from her injuries.
This Ontario hit-and-run bicycle accident, does raise many important questions with respect to legal rights for bicycle riders that are hit by a car in Ontario. We recently posted a blog article titled: What Happens iI am Injured in a Bicycle Accident in Ontario. Here, I will provide an overview of some of the legal rights that a person has if they are injured as a result of a bicycle accident with a motor vehicle in Ontario.
In Ontario, if you are injured in a bicycle accident involving a car or truck, you can receive Ontario no-fault auto accident benefits. You can also advance a claim against the owner/driver of the vehicle that hit you in order to recover your losses and damages. To learn more about Ontario no-fault benefits and tort claims, click here.
This Markham bicycle accident, also raises questions about an accident victim's rights when they are involved in a hit-and-run accident. The obvious question is, how can I bring a claim against the other driver's insurance company when I don't know who hit me?
Claims against unidentified vehicles and drivers, such as in a hit-and-run scenario, are allowed in Ontario. These are complex cases with respect to insurance coverage and priority issues, and it is wise to get the advice of an experienced personal injury lawyer without delay. For purposes of this post, I will briefly note that, even if the identity of the other vehicles and persons involved is never determined, the injured victim and her family may still have recourse. There is usually compensation available through the injured persons own insurance, which provides coverage for unidentified vehicles following a hit and run car accident. Ontario also has a fund, which may be available to compensate for injuries where no other insurance is available.
With respect to this Markham, Ontario hit-and-run bicycle accident, we hope that someone will be able to identify the other vehicle involved. The York Regional Police are seeking public assistance in identifying the driver or vehicle involved this hit-and-run collision in Markham. Anyone with information is asked to contact the Fail to Remain Unit at 1-866-876-5423, ext. 7703, Crime Stoppers at 1-800-222-TIPS, leave an anonymous tip online at www.1800222tips.com, or text your tip by sending TIPYORK and your message to CRIMES (274637).
If you or a loved one has been injured in a bicycle accident in Ontario, call us for a free consultation with an Ontario bicycle accident lawyer.
Bicycle Accidents - Cyclist Struck by Vehicle On McCowan Road in Scarborough on March 16, 2012
There are reports of a serious accident involving a Cyclist that was hit by a vehicle on McCowan Road in Scarborough. This Scarborough bicycle accident reportedly occurred on the morning of Friday March 16, 2012. It was reported that the cyclist involved in the crash was being taken to hospital with serious injuries.
We would like to offer our thoughts and support to those that have been injured in this Scarborough bicycle accident.
In Ontario, accidents involving bicycles occur frequently, often as the result of drivers not paying attention to cyclists sharing the road. Sadly, each year many people in Ontario are killed or suffer serious personal injury from bicycle collisions. Even in a minor collision with a motor vehicle, bicycle riders generally suffer significant and serious injury. A bicycle rider has a great disadvantage because of the level of personal exposure. In many cases, motor vehicles hitting bicycle riders are negligent.
Police were investigating the circumstances of the Scarborough bicycle and motor vehicle crash. More information would be necessary in order to determine who is at fault for this bicycle accident. However, if the driver of the vehicle is found to be at fault, it could lead to the filing of a Ontario personal injury lawsuit. If such a lawsuit is filed, and if it is successful, it could lead to an award of damages that compensates for lost income, pain and suffering, medical and rehabilitation expenses, among other things. In addition, the injured parties may be able to obtain no-fault accident benefits benefits from their own automobile insurance policies.
If you or someone you love has been hurt or killed in a bicycle and motor vehicle crash, you can obtain help from an Ontario personal injury lawyer.
For a free consultation with a dedicated personal injury lawyer, contact Iacobelli Law Firm.
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