In 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.
There are reports of a serious accident in Toronto involving a bicycle rider that was hit by a TTC Bus near Bayview and Eglinton on June 5, 2012. According to early reports, a young man was seriously injured when his bicycle was hit by the TTC bus.
First and foremost, Iacobelli Law Firm would like to offer our support for the young man that was injured in this Toronto bicycle accident and his family. We wish that that the injured man will make a swift and full recovery.
Sadly, each year many cyclists in Ontario are killed or suffer serious personal injury from motor vehicle accidents. These accidents are often the result of drivers not paying attention to cyclists sharing the road in Ontario. Some scenarios which often result in collisions between motor vehicles and bicycles, include the following:
The driver of a motor vehicle turns directly in front of a bicyclist
The driver of a motor vehicle enters pulls out into traffic in front of the bicyclist
The driver of a motor vehicle does not provide sufficient space when attempting to pass a bicyclist;
The driver of a motor vehicle failing to pay attention to the position of the cyclist when resuming travel after stopping at a traffic light or stop sign
In this particular case, Toronto Police were investigating the circumstances of this bus and bicycle collision. More information would be necessary in order to determine the cause for this Toronto bicycle accident. However, if the driver of the TTC bus 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 for man who was injured and his family. The damages recoverable will depend on the nature of the injury and the losses.
Andrew 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.
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