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.
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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If you have been injured in an Ontario motorcycle accident, there are important steps you should take to protect your rights. We are experienced motorcycle accident lawyers and also ride and have friends who ride. We understand the passion and joy and that comes with riding a motorcycle, and we are happy to help riders that have been injured in a motorcycle accident. Depending on the severity of the motorcycle accident and injuries sustained, some of these steps may need to be pursued by a legal representative or other person on behalf of the motorcyclist. Here are some of the things to do following a motorcycle accident in Ontario: 1. Call 911 - report the accident to police and request an ambulance if you are injured. 2. If you are not admitted to hospital immediately following your accident, then you should seek medical attention as soon as possible. Not all injuries will be immediately recognized, so it is important to be checked out by a physician. 3. Obtain witness information. In motorcycle accidents, it is especially important to have witness information. This includes the names, addresses, and phone numbers of any and all witnesses. Do not rely on police to collect all the information - we see countless accident investigations where police did not capture the witness details. 4. Take down the other party's information. You should obtain name, and contact information, as well as Driver's License and License Plate number for the involved vehicle. 5. Contact your insurance company and advise them of the accident and that you were injured. Your insurance company will assign a claim number, and send you at a package to be completed. 6. Speak to an experienced motorcycle injury lawyer before completing your application for accident benefits or before giving a statement or other claim related matter. It could be detrimental to your claim to rely on non-legal professionals, such as nurses, physiotherapist, or chiropractors to complete you application for accident benefits. While these clinicians will be more than happy to assist with your insurance forms in order to facilitate funding for treatment, they are not legal professionals and, as such, they may not appreciate the legal ramification that can follow from the statements made in an application for accident benefits We highly recommend that motorcycle injury victims to speak to an experienced Ontario motorcycle accident lawyer about their rights and options following an accident. In a serious accident, a lawyer can assist immediately with obtaining benefits for loss of income, and non-OHIP covered medical expenses. A motorcycle accident lawyer, can also start the process of preserving and collecting the important evidence needed to pursue a claim against the at-fault driver and their insurance company. Consultations with a Motorcycle Accident at Iacobelli Law Firm are always complimentary and strictly confidential. If you are too injured to meet with us at our office, we will come to meet you at your hospital or home. To request your FREE Consultation call us 24/7 at 1-866-234-6093 or complete our contact form here. By: Andrew Iacobelli A cyclist was struck and killed today in a crash involving a transport truck. This fatal bicycle and truck accident occurred in Mississauga near Dixie Road and Derry Road just before 9:00 am. The victim has only been identified as a male, but his name has not been released. First and foremost, we offer our sincere condolences to the family and friends of the man that was tragically killed in this Mississauga bicycle accident.
Rights of Family Members Following a Fatal AccidentIn Ontario, certainly family members can advance claims following a fatal accident. In most instances of a wrongful death claim, it is the blood relatives, such as husband, wife, mother, father, children, etc., who are entitled to file a claim.
On Friday November 9, 2012 a cyclist was injured in a Vaughan accident. This accident invovled a bicycle that was hit by a vehicle near Rutherford Road and Fossil Hill Road in Vaughan. This Vaughan bicycle accident occurred on Friday afternoon. The cyclist was reportedly injured and transported to hospital via ambulance. First and foremost, Iacobelli personal injury law firm offers its support to the injured cyclist. We hope that he will make a full and speedy recovery from his injuries. Bicycle and pedestrian accidents in Ontario often result in serious injuries. Most of bicycle accidents are avoidable, and are the result of driver error. Vehicle operators often fail to observe the presence of bicycles or fail to provide cyclists with sufficient space. More information is needed in order to assign fault for this Vaughan bicycle accident. The police were investigating the circumstances of the accident. Regardless of fault, if a cyclist is injured because of a motor vehicle in Ontario, they will be entitled to statutory accident benefits. This form of insurance compensates for some of the losses that may result following an accident and injury. In addition, if the vehicle is at-fault, a cyclist in Ontario may also claim damages from the at-fault driver's insurance.
Iacobelli Law Firm represents individuals that are injured in motor vehicle accidents, including pedestrians and cyclists. We also offer prospective clients with a free consultation. There is no obligation beyond the free consultation. If you or a loved one has been injured in car accident, pedestrian accident, or bicycle accident, speak with a Vaughan personal injury lawyer by calling us at 1-866-234-6093 or complete our online contact form. Legal rights when bicycle gets hit by a car in TorontoIn Toronto and the GTA, we have had great summer weather. Many people have enjoyed taking to the road on their bicycles. While the vast majority of cyclists have been able to enjoy cycling in Toronto and the GTA without incident, there have also been many people injured in collisions with cars. As a personal injury lawyer, I am frequently asked: What is the law in Ontario when someone riding a bike gets hit by a car? Although a bicycle is not a motor vehicle, a cyclist will still have legal rights and benefits following an accident with an automobile. If you are injured in a bicycle accident in Ontario 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. A no-fault claim (also known as accident benefits claim) is between the bike accident victim and the auto insurance company. It would be the responsibility of the auto insurance company to cover your benefits, including medical and rehabilitation expenses, lost wages, and attendant care. Even if you did not have auto insurance coverage at the time of the accident, you will be able to claim for no-fault benefits. The insurance policy responsible for these benefits will depend on the circumstances, and be determined based on "priority rules." In addition, the bike accident victim can also bring a tort claim against the driver and owner of the vehicle that caused the accident. The insurance company for the other vehicle will defend and pay the claim. The damages available in a tort claim following a bike accident include pain and suffering as well as economic losses and expenses. Following a bike accident, it is important to have legal advice early. There are important deadlines and applications that will need to be completed and filed in order to secure your benefits. If you have questions following a bike accident in York Region, Toronto or elsewhere in Southern Ontario, call Iacobelli Law Firm for a free consultation with a bike accident lawyer. |
AuthorAndrew Iacobelli is an Ontario lawyer that restricts his practice to representing personal injury victims and their families. Andrew is the founder of Iacobelli Law Firm. Archives
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