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Injured Cyclist? Here’s How to Protect Your Rights and Seek Compensation

4/4/2024

In this YouTube video, we discuss your rights if you're a cyclist injured in a car accident. What kind of options do you have?

Important steps to take if you're a cyclist involved in a car accident
Some important steps you might want to take if you're a cyclist that was involved in a car accident.

File a police report: If you're able to and you're well enough at the scene, speak to the police. Make sure the police come to the scene. Tell them exactly what happened.
Take photographs: Take photographs if you're able to.
Take down witness information: If there are any witnesses to the accident, make sure you get their contact information.
Seek medical attention: And obviously seek medical attention. And I say if you're able to, because very often in cycling accidents, unfortunately, oftentimes the cyclist is just not able to remain at the scene. They're urgently taken to hospital.
Speak to a lawyer ASAP: Also, it's important to speak to a lawyer right away to do some of these things on your behalf. If you're a cyclist and you sustain significant injuries, consult with a lawyer quickly because the lawyer will be able to preserve evidence.

Oftentimes, in these kinds of accidents, bicycles operate a little bit differently than cars. They're in different locations on the road. That could lead the operator of the motor vehicle, the person that hit you, to change their story to try to blame the cyclist. So it's important to get a lawyer early to investigate it to make sure they get a copy of the police report, interview witnesses if there are any, engage engineers if necessary to do an accident reconstruction and to preserve your rights and make sure that you can advance your claim against the at fault party and ultimately get paid by their insurance company.

What forms of compensation are available to cyclists injured in a car accident?
In terms of compensation, what's available for cyclists that are injured in a car accident? It's the usual compensation that would be available for anyone injured in a motor vehicle accident and that would include claims for pain and suffering, loss of enjoyment of life, really impacting your life and wellbeing.

You can also claim for the economic or the pecuniary losses, and that would include things like medical expenses, support and services, so that could be services at home, assistance at home, housekeeping support, et cetera.

In addition, income loss. So if the injury has prevented you from returning to work or if it's resulted in your missing work or resulted in a change in your occupation. You can claim for those losses as well.

And it's important to also note that your lawyer will be trying not only to get you the losses that you immediately sustained but they'll also be working with you and your healthcare providers to identify whether you are gonna have any longer term complications that impact your function, your ability to work, et cetera. And trying to maximize your compensation so you can have security in the future as well.

How to protect your rights as a cyclist against insurance companies:
The insurance company is going to look for opportunities to blame the cyclist. Again that gets back to just the nature of how bicycles operate on the road versus cars.

They'll look at where your bicycle was in the roadway? Did you signal? Was the bike easy to see for a car? Was it reflective gear? What were you wearing, in terms of safety equipment? Were you wearing a helmet? Could that have prevented some or all of your injuries?

Certainly insurance companies, they're gonna do their job at exploring and looking for ways to deflect blame, which in turn will save them money. So it's important again to have a lawyer that is looking out for you and making sure that your case is presented in the light most favorable to you, demonstrating that in fact, it wasn't your fault that it was really the fault of the vehicle that ultimately hit you.

Some cities and some roads will have dedicated lanes for bicycles and awareness of the fact that bicycles and cyclists are more vulnerable and try to offer more protection for bicycles. That's great to see and it's expanding, we see it in big cities, but it's starting to expand to the suburbs as well.

How to protect yourself when riding on country roads
A lot of cyclists enjoy riding on country roads. They're often gravel, shoulders and ditches on the side. The roadway itself is narrower. Sometimes there are hills. And as scenic as those are, they can be more challenging for cyclists in terms of safety. So it's really important for cyclists to also look out for themselves.

What are some common injuries seen in bicycle accidents?
Bicycle accidents often result in very serious injuries. Common injuries include head injuries, traumatic brain injuries. In a good situation, maybe an extremity fracture, like a leg or an arm. Sadly, you also see lots of skull fractures and head injuries, spinal fractures. Sometimes those injuries are fatal. The injuries tend to be far more serious with cyclists.

How to protect yourself as a cyclist and others riding with you
Follow the rules of the road, obey traffic lights and other signals like stop signs. Make yourself visible. You often see many cyclists like to wear bright colored clothing, that's very helpful.

Helmet goes without saying to protect yourself as best you can. For children, teach them proper etiquette when riding their bike. Make sure they look out for themselves. Try to make eye contact with other vehicles before crossing, and if possible, ride with your children when you're sharing the road with cars.

Those are just some tips that we would share based on accidents that we've seen involving cyclists.

What to do if you're a cyclist hit by an unidentified vehicle?
Unfortunately, sometimes with cycling accidents, sometimes the cyclist is never able to identify the vehicle that hit them. So this would be a situation where they may be riding a bike, they get hit by a car and the car just never stops. So it turns out to be a hit and run accident.

Those are a whole unique area on their own hit and run accidents. We have a video specifically on hit and run accidents, but what I'll say here is, fortunately in most situations, even if it turns out to be a hit and run and the vehicle driver of the vehicle itself is never identified, there still may be an avenue for you to recover your losses.

Have Questions? Contact us today!
So speak to a bicycle accident injury lawyer. Call us, we're happy to talk to you about your specific insurance policy or coverages that may be available. Our telephone lines are open to you 24 hours a day, seven days a week or you can request a free consultation here.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".

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Navigating the Discharge Planning Process for Motor Vehicle Accident Patients in Ontario: A Guide for Hospital Discharge Planners

4/2/2024

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The discharge of a patient who has sustained injuries in a motor vehicle accident (MVA) in Ontario involves a multifaceted approach. Discharge planners play a crucial role in ensuring a smooth transition from hospital to home or another care setting, taking into consideration the patient's medical, social, and rehabilitation needs. Additionally, understanding the framework of statutory accident benefits in Ontario is crucial for facilitating an effective discharge process.

Understanding Statutory Accident Benefits
In Ontario, individuals injured in an MVA are entitled to statutory accident benefits under their car insurance policy, regardless of who is at fault. These benefits are designed to provide financial support for medical and rehabilitation expenses, attendant care, income replacement, and other needs. It's essential for discharge planners to have a working knowledge of these benefits to assist patients and their families in navigating the claims process and accessing necessary resources.

Key Considerations for Discharge Planning

Assessment and Coordination: Begin with a comprehensive assessment of the patient's physical, emotional, and cognitive status. This assessment should inform the creation of a personalized discharge plan that coordinates with various stakeholders, including family members, healthcare providers, personal injury lawyer, insurance adjusters, and community services.
Medical and Rehabilitation Needs: Ensure that the discharge plan addresses ongoing medical treatment, physical therapy, and other rehabilitation services. Familiarize yourself with the patient's statutory accident benefits to secure funding for these services. This may involve direct communication with the patient's insurance provider or their lawyer to confirm coverage details and facilitate the approval process for necessary treatments.
Home and Community Care: Evaluate the need for home modifications, assistive devices, and home care services to support the patient's recovery and independence. Discharge planners should provide assistance in applying for these benefits under the patient's insurance policy, including completing and submitting any required documentation.
Income Replacement Benefits: For patients who are unable to return to work due to their injuries, it's important to guide them through the process of applying for income replacement benefits. This involves gathering medical evidence and other documentation to support the claim.
Psychosocial Support: Recognize the emotional and psychological impact of motor vehicle accidents on patients and their families. Referrals to counseling services, support groups, and other community resources can be integral to the patient's overall recovery.
Advocacy and Education: Consider if the patient has a lawyer that can act as an advocate for the patient, ensuring they have access to the full range of benefits and services to which they are entitled. An experienced car accident lawyer can educate patients and their families on their rights under the statutory accident benefits schedule and provide guidance on how to navigate potential challenges in the claims process.

Collaborative Efforts for Success
The discharge planning process for MVA patients in Ontario requires a collaborative effort among healthcare professionals, patients, families, lawyers and insurance providers. Establishing open lines of communication and fostering a team approach can significantly enhance the patient's recovery journey and ensure a successful transition to life after the hospital.

By integrating a comprehensive understanding of statutory accident benefits into the discharge planning process, healthcare professionals can better support patients in accessing the care and resources they need. This not only aids in the patient's physical recovery but also addresses the broader spectrum of their rehabilitative and psychosocial needs, paving the way for a more holistic approach to patient care following a motor vehicle accident.

How We can Help:
If you are a discharge planner and need guidance on the statutory accident benefits, we can help. Our experienced injury lawyers regularly provide guidance and assistance to discharge planners and other healthcare professionals navigating the complex insurance issues following an Ontario auto crash. Call us anytime to speak with our lawyers about your particular questions, or we can come to your facility to provide a lunch and learn. Lawyers Andrew Iacobelli and Colton Leung regularly provide complimentary educational talks to healthcare professionals throughout Ontario.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims.

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Injured Cyclist? Here’s How to Protect Your Rights and Seek Compensation

Navigating the Discharge Planning Process for Motor Vehicle Accident Patients in Ontario: A Guide for Hospital Discharge Planners

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Injured Cyclist? Here’s How to Protect Your Rights and Seek Compensation

Navigating the Discharge Planning Process for Motor Vehicle Accident Patients in Ontario: A Guide for Hospital Discharge Planners

Author

Archives

Categories

Main Law Office and Mailing Address

Toront﻿o

Vaughan

﻿FREE CONSULTATION﻿

Toronto

FREE CONSULTATION