Hamilton Bicycle Accident Lawyer

Hamilton Bicycle Accident Lawyers – Serving Ontario Since 2003. No Win, No Fee.

Free Consultations Provincewide. Call 905-333-8888 or Send us a Message Today.

Bicycle accidents caused by negligent drivers can have devastating consequences for victims and their families. We have the best Hamilton bicycle accident lawyers who have witnessed the tragic outcomes of these preventable incidents far too often. From careless drivers distracted by their phones to those who fail to pay attention, these accidents can result in serious injuries such as traumatic brain injuries, spinal cord injuries, amputations, and even wrongful death.

If you or someone close to you has been seriously injured in a bicycle accident, our Hamilton bicycle accident lawyer can help you navigate the complexities of legal recovery and fight for the justice you deserve.

If you or a loved one has been seriously injured in a bicycle accident, our experienced legal team is here to assist. Since 2003, we have been dedicated to representing bicyclists who have suffered at the hands of negligent drivers, whether those drivers were operating cars, trucks, taxis, vans, or commercial vehicles.

Our clients range from seniors and adults to children, each facing their own unique set of challenges in the wake of an accident. If you need a personal injury lawyer near you, we are committed to helping you through this difficult time.

We understand that the physical, emotional, and financial toll of a serious bicycle accident can be overwhelming. When children are involved, the impact can be even more profound, as their young age and developing bodies may require specialized care and long-term support.

Our goal is to help you secure the financial compensation necessary to address the numerous losses and damages you have experienced, including medical expenses, ongoing care, therapy, lost wages or future earning capacity, and emotional distress. By pursuing justice and fair compensation, we aim to provide you with the resources needed to navigate the challenges posed by the accident and work towards rebuilding your life.

With tens of millions of dollars recovered for bicycle accident victims throughout Hamilton, the surrounding areas, and across Ontario, we have the experience and dedication to fight for the outcome you deserve.

If you or a family member has been involved in a bicycle accident, please don’t hesitate to reach out to a Hamilton bicycle accident lawyer. Contact us today by calling our office at 905-333-8888 or by sending us a confidential email through our website.

Our Hamilton bicycle accident lawyers are committed to helping you recover justice during this difficult time.

How a Bicycle Injury Lawyer Near You Can Help After a Serious Bike Crash

If you’ve suffered serious injuries in a bike crash that have significantly affected your ability to perform daily activities or impacted your capacity to earn an income – resulting in lost wages or future income loss – consider filing a personal injury claim with the help of an experienced bicycle injury lawyer near you. Our skilled legal team is here to guide you through the process and fight for the compensation you deserve.

An experienced Hamilton cycling lawyer will have extensive knowledge of the specific laws, regulations, and precedents that apply to bicycle accidents, allowing them to build the strongest possible case on your behalf. By demonstrating the other party’s negligence and liability, they can ensure your rights are protected.

A lawyer specializing in bicycle accident law will know how to thoroughly investigate the crash, gather evidence, interview witnesses, and prove fault. Their expertise will be crucial in showing the severity of your injuries and the impact on your life.

A legal expert can assess the full extent of your injuries, both current and future, and ensure you receive the compensation you need to cover medical expenses, ongoing care, lost wages, and emotional distress. They will fight for the full financial recovery you deserve.

Bicycle injury lawyers are skilled negotiators who will advocate on your behalf with insurance companies and in court if needed, allowing you to focus on your recovery and well-being. With their experience handling similar cases, they provide invaluable support, guidance, and peace of mind during a very difficult time.

At Lalande Personal Injury Lawyers, we understand the unique challenges that injured cyclists face. Our team is committed to helping you navigate the complex legal process and secure the compensation you deserve for your pain, suffering, loss of income, and other damages. If your injuries have significantly impacted your life, contact us today for a free consultation, and let us fight for your rights.

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Proven Success

Millions for bicycle accident victims across Ontario since 2003.

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How Do I Hire a Hamilton Bicycle Accident Lawyer?

For most people, hiring a bicycle accident lawyer is an very unfamiliar task. With little to no experience in this area, it can be challenging to know where to start and how to find the right attorney amidst all the marketing noise. To help guide you through this process, we’ve compiled a list of suggestions to help you find and hire the best bicycle accident lawyer for your case.

1. Seek referrals: Begin by asking friends, family members, or colleagues if they have any recommendations for bicycle accident lawyers. If you know someone who has been through a similar situation, they may be able to provide valuable insights and referrals based on their personal experience.

2. Check Google reviews: Search for bicycle accident lawyers in your area on Google and read through their reviews. Pay attention to the overall rating, the number of reviews, and the content of the reviews themselves. Be cautious of reviews that seem overly positive or negative, as they may be fake. Look for reviews that provide specific details about the client’s experience and the lawyer’s performance.

3. Look for specialization in complex personal injury law: When searching for a bicycle accident lawyer, consider whether they specialize in complex personal injury law and have experience handling cases that have resulted in serious injuries. Bicycle accident cases involving catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, or amputations, require a high level of expertise and resources. An attorney who specializes in this area will be better equipped to navigate the intricacies of your case and fight for the maximum compensation you deserve.

4. Examine their track record: Investigate the success rate of potential bicycle accident lawyers by reviewing their past case results. A lawyer with a proven track record of securing favorable outcomes for their clients, whether through settlements or court verdicts, can give you confidence in their ability to fight for the compensation you deserve.

5. Contact local bar associations: Reach out to your local bar association for referrals to bicycle accident lawyers in your area. Many bar associations, like the Hamilton Bar Association, offers lawyer referral services that can connect you with lawyers who specialize in personal injury law and have experience handling bicycle accident cases.

6. Consult with a few lawyers: Once you have a list of potential bicycle accident lawyers, schedule consultations with at least three attorneys. Most reputable lawyers offer free initial consultations, giving you the opportunity to discuss your case, ask questions, and assess their suitability. Compare their experience, approach, communication skills, and overall demeanor to determine which lawyer is the best fit for you.

7. Trust your instincts: After meeting with several bicycle accident lawyers, trust your instincts and choose the attorney with whom you feel most comfortable. A strong lawyer-client relationship built on trust, open communication, and mutual respect is essential for the success of your case.

By following these steps and carefully evaluating your options, you can find a bicycle accident lawyer who has the experience, expertise, and dedication necessary to fight for your rights and help you secure the compensation you deserve.

Free Consultation with an Ontario Bicycle Accident Lawyer Near You

At Lalande Personal Injury Lawyers, we understand the challenges you face after a serious bicycle accident, and we’re here to help. That’s why we offer completely free, no-obligation consultations with our experienced bicycle accident lawyers. You can discuss your case, get answers to your questions, and learn about your legal options without any cost or commitment on your part – because we believe you deserve access to quality legal advice when you need it most.

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We've helped hundreds of cyclists recover millions.

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Should I Hire a Lawyer who Specializes in Bicycle Accidents?

When someone is involved in a bicycle accident caused by another person’s negligence, the consequences can be devastating. The physical pain and suffering, along with the financial burden of medical bills and lost wages, can be overwhelming. In such cases, it is crucial to consider hiring a bicycle accident lawyer to help navigate the complex process of seeking compensation.

A skilled Hamilton bicycle accident lawyer with expertise in Ontario’s highway traffic laws and experience handling bicycle accident cases can be invaluable in securing the compensation you deserve. They can guide you through the intricacies of the legal system, ensuring that your rights are protected and that you receive the maximum amount of compensation possible.

In Ontario, the no-fault benefit schedule can be particularly complex, especially for bicycle accident victims who have suffered catastrophic injuries. These individuals may be entitled to enhanced funding through the no-fault system, but accessing these benefits can be challenging without the help of a knowledgeable lawyer.

A lawyer who specializes in bicycle accidents will have a deep understanding of the funding requirements under Ontario’s no-fault schedule and can work closely with occupational therapists and discharge planners to ensure that you have access to all the resources you need upon returning home. This collaborative approach can make a significant difference in your recovery process and overall well-being.

Hiring a bicycle accident lawyer can provide peace of mind during a difficult and stressful time. They can handle the legal aspects of your case, allowing you to focus on your recovery and rebuilding your life. With their expertise and dedication, you can feel confident that your case is in good hands and that you are taking the necessary steps to secure the compensation you deserve.

At Lalande Personal Injury Lawyers, our team of experienced Hamilton bicycle accident lawyers has a proven track record of success in handling complex bicycle accident cases.

We understand the unique challenges that bicycle accident victims face and are committed to providing personalized, compassionate representation to each and every client. Hamilton Lawyer Matt Lalande has in-depth knowledge of Ontario’s no-fault benefit schedule and works tirelessly to ensure that our clients receive the maximum compensation available to them. 

When seeking legal representation for a bicycle accident claim, it’s crucial to choose an experienced and knowledgeable Hamilton bicycle accident lawyer who can competently represent your interests. You want a skilled lawyer with whom you feel comfortable and confident.

During your initial consultation, be sure to ask questions about the lawyer’s trial experience, their success rate in handling serious bicycle accident cases, and how they would approach your injury claim. This meeting is your opportunity to assess whether you trust the lawyer’s ability to navigate your case and secure the best possible outcome.

Pay attention to the service you receive from the law firm during your first interaction. Were your calls promptly answered, or did they go to voicemail multiple times? A responsive and attentive law firm is essential, as you will need to communicate frequently with your legal team throughout the claims process. Clear and open communication channels will help ensure that your questions and concerns are addressed swiftly.

Ask about the lawyer’s experience specifically with bicycle accident cases and their track record of success in negotiating settlements and litigating cases in court. A lawyer with a proven history of achieving favorable outcomes can provide strategic guidance and help you make informed decisions about your claim.

Understanding your primary point of contact at the law firm is also important. Will you have direct access to your lawyer, or will you need to go through a receptionist or legal assistant? It’s crucial to have a lawyer who makes time for you and ensures you are well-informed throughout the process.

During your consultation, ask your lawyer to explain the best approach for resolving your bicycle accident injury claim. A competent lawyer will go over the options available and advise you on the most effective course of action based on the specific details of your case.

Finally, don’t forget to discuss the cost of legal representation and the law firm’s fee structure. Many bicycle accident lawyers work on a contingency fee basis, meaning you won’t pay anything upfront. Instead, your lawyer will receive a percentage of any financial award recovered after your case is resolved.

By asking these key questions during your initial meeting, you can determine whether a bicycle accident lawyer near you is the right fit for you and your case.

Will My Ontario Bicycle Accident Lawyer Work on Contingency?

At Lalande Personal Injury Lawyers in Hamilton, Ontario, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we offer our services on a contingency fee basis for bicycle accident cases. 

What is a contingency fee?

A contingency fee is an arrangement where a lawyer agrees to represent a client without charging any upfront fees. The lawyer only gets paid if they successfully recover compensation on behalf of the client, and their fee is a percentage of the awarded amount.

Benefits of contingency fees for Ontario bicycle accident victims

1. Access to top-quality legal services without the financial burden of paying out of pocket.
2. Alignment of interests between the lawyer and the client – the lawyer only gets paid if the client does.
3. Highly motivated legal team fighting for the best possible outcome in your case.

How Lalande Personal Injury Lawyers can help

When you choose Lalande Personal Injury Lawyers to handle your bicycle accident claim, you can trust that you’ll receive expert legal guidance and representation without any upfront costs. We believe in transparency, and during your free initial consultation, we’ll clearly explain our contingency fee structure and answer any questions you may have.

Don’t let financial concerns prevent you from seeking the justice and compensation you deserve after a serious bicycle accident. Contact Lalande Personal Injury Lawyers today, and let our experienced team fight for your rights on a contingency fee basis.

My Child was Hurt in Bicycle Accident – What Should I do?

Kids often get hit by cars for various reasons, including their limited cognitive and motor skills and their more diminutive stature, making them less visible to motorists. Children’s underdeveloped judgment and decision-making abilities can lead to impulsive actions, such as darting into the street without looking for oncoming traffic.

Additionally, their limited peripheral vision and inability to accurately perceive speed and distance may cause them to misjudge the time and space required to cross streets safely. Furthermore, children may be unaware of traffic rules and safe cycling practices, making them more vulnerable to accidents.

When kids are hit by cars, they often suffer serious injuries. In our experience as Hamilton bicycle accident lawyers, many bicycle-related pediatric injuries that we see involve the head, face, and extremities.

Head injuries, including traumatic brain injuries (TBIs), skull fractures, and concussions, are among the most severe and potentially life-altering consequences of bicycle accidents. These injuries occur when the child’s head comes into direct contact with the ground (even with a helmet), a vehicle, or other hard objects during a collision.

The severity of these injuries can be exacerbated by the fact that children’s skulls are not yet fully developed, making them more susceptible to damage. Facial injuries, such as fractures, lacerations, and dental trauma, are also common in bicycle accidents. These can result from direct impact with the ground, vehicles, or other obstacles during a crash. The nature of these injuries can lead to permanent scarring, disfigurement, and long-term functional issues.

Injuries to the extremities, including serious fractures, are prevalent as well. These injuries typically occur when children attempt to break their fall with their arms or legs or when they become entangled with the bicycle during an accident.

While not as life-threatening as head injuries, they can still cause significant pain, disability, and long-term complications—particularly if the child has surgery. Children’s bones contain growth plates, areas of developing cartilage responsible for bone growth.

When a child experiences an injury that affects these growth plates, there may be long-term complications and the possible disruption of the child’s future growth potential. The severity of injuries in bicycle accidents is based on many factors, including children’s vulnerability due to their smaller size, underdeveloped motor skills, and lack of experience navigating traffic situations.

As a parent, it is heartbreaking to see your child suffer from injuries sustained in a bicycle accident. The physical, emotional, and financial toll can be immense, and it is crucial to take the necessary steps to ensure your child’s well-being and future.

Seeking the guidance of experienced Hamilton bicycle accident lawyers, such as those at Lalande Personal Injury Lawyers, can make a significant difference in the outcome of your child’s case.

At Lalande Personal Injury Lawyers, we understand the unique challenges and complexities involved in pediatric bicycle accident cases. Our compassionate and knowledgeable team will work closely with you and your family to assess the full extent of your child’s injuries, including the potential for long-term complications and future medical needs.

We will fight tirelessly to secure the compensation your child deserves, ensuring that they have access to the best possible medical care, rehabilitation services, and support systems.

By choosing Lalande Personal Injury Lawyers, you can focus on your child’s recovery while we handle the legal aspects of your case. Our goal is to alleviate the stress and burden of navigating the legal system, allowing you to prioritize your child’s well-being and future. With our extensive experience and dedication to client success, you can trust that your child’s case is in capable hands.

Experience Matters

A few of our recent result are noted below. It’s very important to understand that no two cases are the same. Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts of individual cases. The information below are examples of Matt Lalande’s cases that he has settled or tried to verdict over his career and is for informational purposes only.

View More Case Results

$700K

Bicycle Accident

For a young woman crossing Trafalgar on her Bicycle in Oakville

$250K

Bicycle Accident

For a middle age woman who suffered a tro-malleolar fracture after getting hit on her bicycle in Burlington.

$300K

Bicycle Accident

For a middle aged woman with fractured lower extremities after being hit by a car in Hamilton.

Bicycle Accidents Cause Life-Changing Injuries

Being hurt in a bike accident can lead to major psychological, physical, and financial life changes. Our Hamilton bicycle accident lawyers have extensive experience representing victims hurt in cycling accidents.

Although bike accidents aren’t usually the rider’s fault, cyclists in bicycle accidents do face an uphill battle and unique challenges under Ontario law, and more so with insurance companies that routinely and often wrongfully deny claims.

Since 2003, our Hamilton bicycle accident injury lawyers have recovered millions of dollars in compensation for cyclists who have suffered serious injuries, from broken bones to catastrophic injuries.

It’s common for injuries from a bicycle accident to be quite serious. Because they have a smaller profile and are unprotected, cyclists can be critically hurt if hit by any type of vehicle. Even if a car or truck is moving slowly and barely collides with a bicycle, the impact can still cause severe and/or catastrophic injuries to the bicyclist. Common bicycle accident injuries include:

Serious Fractures

Cyclists involved in collisions with cars are at high risk of suffering broken bones due to the force and impact of such accidents. The most common fractures cyclists sustain in these situations include those of the hip, knee, leg, wrist and arm. Similarly, wrist and arm fractures are common as a result of direct impact on the ground or a vehicle.

Leg fractures, including those of the tibia, fibula, and femur, can occur due to the cyclist’s lower extremities being struck by the car or becoming entangled with the bicycle during the collision. These types of injuries can be painful and debilitating, requiring medical attention and potentially lengthy recovery times.

Long-term pain and suffering resulting from broken bones and surgery can also significantly impact the quality of life. Arthritis, particularly post-traumatic arthritis, may develop as a consequence of joint fractures, especially in weight-bearing joints such as the hip, knee, and ankle. The damage caused to the joint’s cartilage and surrounding structures during the injury and subsequent surgical intervention can lead to inflammation, stiffness, and chronic pain.

Over time, this may limit mobility, restrict the range of motion, and adversely affect daily activities. The ongoing discomfort and physical limitations associated with post-traumatic arthritis can also contribute to emotional distress. This emphasizes the importance of comprehensive medical care and long-term pain management strategies.

Rotator Cuff Injuries and Clavicle Fractures

Partial or full rotator cuff tears are frequent injuries from front or side falls, or hard falls in the shoulder. Clavicle fractures typically require surgery and often hardware. This can result in long-term difficulties and a long recovery, or even permanent impairment and challenges. For this reason, it’s advisable to work with a Hamilton bicycle accident lawyer who can help you secure funding and compensation for these future needs.

Serious Knee Injuries

A broken patella (kneecap) or ligament injury often occurs in bike crashes. An anterior cruciate ligament (ACL) injury is one of the most common knee injuries from a fall off a bicycle. The ACL is the ligament that runs in the middle of the knee and provides stability. Recovering from a severe knee injury and re-adapting to life can be along process.

Pelvic or Hip Fractures

Fractures of the pelvis, hip or hip socket (acetabulum) are among the most serious injuries in bicycle accidents. These types of fractures are often caused by a traumatic incident such as a motor vehicle accident hitting the cyclist in a t-bone fashion or a hard fall from a bike. These types of injuries often require a partial or total hip replacement.

Femur Fractures

The femur is a very strong bone. However, if the collision with a vehicle is high-impact, depending on leg placement during the moment when that impact happened, the femur could fracture. This often necessitates surgery with plates and screws.

Forearm and Wrist Fractures

The wrist is made up of eight small bones that connect with the two long forearm bones, the radius and ulna. Depending on how they fall, cyclists often suffer displaced or non-displaced wrist fractures.

Spinal Cord Injuries

Bicycle accidents can cause acute spinal cord injuries when the cyclist experiences a severe impact, such as a collision with a vehicle or a hard fall onto the ground. The force of the impact can lead to compression, dislocation, or fracture of the vertebrae, which in turn can damage the spinal cord.

Depending on the location and severity of the injury, spinal cord damage may result in partial or complete paralysis, loss of sensation, and other long-term neurological impairments.

These life-altering consequences underscore the importance of prioritizing safety measures and awareness for both cyclists and motorists to prevent such devastating accidents. Spinal cord injuries are among the most devastating and life-changing injuries one can sustain. You’ll need access to significant funding for long-term care, rehabilitation, lost wages, etc. Our Hamilton bicycle accident lawyers have the experience and expertise to help you secure such compensation.

Herniated Discs

Herniated discs, also known as slipped or ruptured discs, can be an excruciatingly painful and debilitating condition that may result from the intense impact on your spinal column during a serious bicycle accident. The displaced disc material can press against nearby spinal nerves, causing severe pain, numbness, tingling, or weakness in the affected areas.

If left untreated, herniated discs can lead to long-term complications, such as permanent nerve damage, paralysis, chronic pain, and limited mobility, significantly impacting your quality of life. Treatment options may include conservative methods like physical therapy, pain medication, or steroid injections, but severe cases may require surgical intervention, such as laminectomy, discectomy, or spinal fusion.

These surgeries come with risks and require extensive rehabilitation, and the long-term effects of a herniated disc can be substantial, potentially leading to recurring pain, stiffness, numbness, or the development of chronic conditions. If you suffer from a herniated disc due to a bicycle accident, it is crucial to seek prompt medical attention and consult with experienced personal injury lawyers to understand your legal rights and options for compensation.

Head Injuries

Bicycle helmets can reduce the risk of severe traumatic brain injury (TBI) when riders suffer a head injury. However, if the rider is injured in a high-impact collision with another moving vehicle, a head injury can still happen. Serious head trauma and brain injuries resulting from bicycle accidents can have life-altering consequences for the victims and their loved ones.

The force of impact in a collision with a moving vehicle can be so significant that even a properly fitted helmet may not prevent all head injuries. The higher the speed of the car and the greater the force of the impact, the more likely it is that a cyclist will suffer a serious head injury despite wearing a helmet. This is why drivers must be alert and cautious when sharing the road with cyclists, as their actions can have devastating consequences.

The severity of such injuries can range from mild concussions to traumatic brain injuries (TBI), potentially leading to long-term cognitive, emotional, and physical impairments. In some cases, victims may require ongoing medical care, rehabilitation, and support to adapt to their new circumstances. The impacts of a head trauma or brain injury can extend far beyond the physical, as they often lead to emotional distress and financial strain for both the victim and their family.

Victims may experience difficulties with memory, concentration, and communication, which can affect their ability to work, study, or maintain relationships. The emotional toll can be significant, with many individuals struggling with depression, anxiety, and changes in personality.

Furthermore, the financial burden of medical expenses, lost wages, and the potential need for long-term care can be overwhelming for families, adding to the stress and challenges they face in the aftermath of a serious bicycle accident.

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Millions Recovered for Bicycle Accident Victims since 2003

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Dealing with Lost Wages After a Bicycle Accident

Financial Challenges Faced by Bicycle Accident Victims

When a serious bicycle accident occurs, it is not uncommon for victims to find themselves unable to return to work due to their injuries. While many employers offer paid sick leave or vacation days, these benefits are often insufficient to cover the extended period of recovery that may be necessary following a severe accident.

Income Replacement Benefits for Cyclists

Cyclists who are injured in an accident are entitled to income replacement benefits through their own insurance company or the insurance company of the driver responsible for the accident at a rate of up to $400.00 per week. However, this amount may still fall short of meeting the financial needs of the injured party and their family.

Additional Resources for Income Replacement

Some bicycle accident victims may have the advantage of being part of a group plan or carrying private disability insurance, which can help bridge the financial gap until they are able to apply for long-term disability benefits. Despite these additional resources, the financial strain can be overwhelming for those who face the possibility of never being able to return to their previous employment due to the severity of their injuries.

Types of Compensation for Lost Earning Potential

A Hamilton bicycle accident lawyer can help victims recover compensation for:

1. Loss of future earning capacity
2. Loss of competitive advantage in the labor market
3. Diminished earning potential
4. Impaired or lost ability to earn income

By pursuing these avenues of compensation, a Hamilton bicycle accident lawyer can help alleviate the financial burden placed on victims and their loved ones, allowing them to focus on their physical and emotional recovery without the added stress of economic instability.

If you or a loved one has been involved in a serious bicycle accident, it is essential to understand your rights and seek the guidance of an experienced legal professional who can advocate on your behalf and ensure you receive the full compensation you deserve. Contact a Hamilton bicycle accident lawyer today to discuss your case and explore your options for recovering lost income and securing your financial future.

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How a Hamilton Bicycle Accident Lawyer Can Help

Working with a skilled Hamilton bicycle accident lawyer can be invaluable in helping victims recover their lost income from the date of the accident until the date of settlement or court verdict. Moreover, if the victim is deemed permanently unable to work, a dedicated lawyer will fight to ensure they receive compensation for the income they would have earned up until their expected retirement date.

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Millions Recovered for Hamilton Cyclists since 2003

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What is my Bicycle Accident Case Worth?

It is essential to understand that it is not possible to accurately evaluate the full value of a bicycle accident claim until the victim has reached what is known as “maximum medical recovery” (MMR). Here is more information: 

Understanding Maximum Medical Recovery (MMR)

• Why MMR Matters: Accurately assessing damages before MMR is impossible because the full extent of injuries and their long-term impact are unknown. A premature settlement might leave the victim undercompensated for future medical expenses, lost earning capacity, and ongoing pain and suffering.
• Reaching MMR: MMR is determined by medical professionals when they believe further treatment is unlikely to result in significant improvement. This doesn’t necessarily mean the victim is fully healed, but rather that their condition has plateaued.
• Documentation: Thorough medical documentation is crucial throughout the recovery process. This includes doctor’s visits, hospital stays, therapy sessions, prescriptions, and any other relevant medical records. This documentation helps establish the extent of the injuries and supports the claim for damages.

Bicycle Accident Compensation: Economic vs. Non-Economic Damages

• Economic Damages: These are quantifiable financial losses resulting from the accident. They are easier to calculate than non-economic damages and often involve providing documentation such as pay stubs, tax returns, and medical bills.

  • Lost Wages: Income lost due to missed work during recovery.
  • Loss of Future Earning Capacity: The difference between potential earnings before the accident and expected earnings after the accident, considering factors like career progression and life expectancy. Expert testimony (e.g., from economists and vocational rehabilitation specialists) is often used to calculate this.
  • Medical Expenses: Past and future medical costs, including hospital bills, doctor’s fees, therapy, medication, and assistive devices.
  • Other Expenses: May include costs for home modifications, transportation to medical appointments, and caregiving services.

• Non-Economic Damages: These are more subjective and aim to compensate for intangible losses. They are harder to quantify and often rely on persuasive arguments and evidence demonstrating the impact of the injuries on the victim’s life. As mentioned, Canada uses a case-by-case approach, considering precedents and adjusting for inflation.

  • Pain and Suffering: Physical pain and discomfort caused by the injuries.
  • Emotional Distress: Mental anguish, anxiety, depression, and other psychological impacts of the accident.
  • Loss of Enjoyment of Life: Inability to participate in activities and hobbies previously enjoyed.
  • Loss of Consortium: Impact on the victim’s relationship with their spouse or partner.
  • Loss of Life Expectancy (in severe cases): Compensation for a shortened lifespan due to the injuries.

Bicycle Helmets Reduce – But Do Not Eliminate – Brain Trauma

There is no doubt that helmets reduce the incidence of bicycle accident-related brain injury. Twenty years ago, helmet use was much less common than it is today. For example, only 19% of riders wore them, compared to the overwhelming use of helmets today. Bicycle helmets, however, do not guarantee that cyclists will survive a crash. They also do not guarantee that riders will not suffer a brain injury if involved in a very high-impact collision.

In very serious accidents, there is still the possibility of significant stress transmission to the brain from substantial impact on the head. For example, if a cyclist is hit at high speed by a car, this can lead to a traumatic brain injury (TBI), including a severe concussion or a skull fracture. A jarring motion, such as a hard impact between the head and the pavement or a head and a vehicle, could also cause this.

When this happens, acute brain injury may cause immediate and long-term consequences. These consequences will have an impact on a victim’s quality of life, such as permanent behavioural issues, cognitive problems, memory loss, word-finding problems, significant stutter, the inability to concentrate, sleep disorders and, in some cases, permanent disability or death.

Although bicycle helmets reduce the chance of injury in bicycle accidents, they do not ensure that riders survive crashes. They also do not always prevent serious head injuries. An impact between the cyclist’s head and the ground or another vehicle is nearly inevitable if involved in a high-speed or high-impact crash.

Bicycle Helmet Fitting Tips

While a helmet won’t prevent all injuries, it is one of the best ways to protect yourself and minimize any damage that does occur during an accident. You must get a properly fitted, certified helmet to ensure maximum safety and protection. A helmet that doesn’t fit right won’t offer as much protection as one that does. Here are some things to keep in mind when shopping for a bicycle helmet for yourself or your child:

• The helmet should sit level on your head, covering your forehead and not tilting back. It should be snug but not uncomfortably tight.
• The front should sit about an inch above your eyebrows.
• When the chin strap is buckled securely, you should only be able to fit one or two fingers between it and your chin.
• Always ensure you purchase a helmet certified by recognized organizations such as the Consumer Product Safety Commission (USA) or the Canadian Standards Association. These certifications mean the helmet has undergone proper testing and meets safety standards.
• Additional features like moisture-wicking liners, adjustable vents, and bright colours can enhance comfort and visibility.
• Helmets should be replaced immediately after sustaining any damage or if they no longer fit for any reason. If none of these apply, helmets should be replaced every five years regardless.

When shopping for a helmet, going to a reputable bike shop or sporting goods store is best. They’ll have a great selection of certified helmets, and staff can help you find the perfect fit.

Mr. Lalande and his team amazing team will look after you every step of the way. I can’t thank them enough for how helpful they have been. Thank you Matt, you changed my life.

What Are Common Causes of Bicycle Accidents?

One of the most prevalent causes of bicycling accidents comes from the cyclists’s physical position relative to the motor vehicle sharing the road. For example:

1. Sideswipe Accidents: This is a bike accident related to positioning. These bike accidents occur when an automobile driver doesn’t give a cyclist enough room while the cyclist passes. The driver will side-swipe the cyclist, often causing the cyclist to be knocked off their bike. Positioning is important for drivers and cyclists as it can help prevent these types of accidents.
   
   
2. Rear-End Bicycle Accidents: Many bike accidents occur when an automobile driver strikes a cyclist from behind. These drivers often follow the cyclist too closely or do not pay enough attention to objects on the road. Rear-end accidents often occur at stop signs. Cyclists are either stopped at the stop sign or they are slowly rolling through the stop sign. Either way, if a car is behind them and not paying attention, they may run into the back of the cyclist. This type of accident can often be catastrophic for cyclists because they do not have the same protection that someone in a car has.
   
   
3. Left-Turn Bicycle Accident: One of the most common bicycle accidents in Ontario is when a bicyclist is hit by a motorist making a left turn. Although the law in Ontario is quite clear that motorists must yield to oncoming cyclists when making a left-hand turn, it is still by far one of the most common bicycle traffic accidents. Motor vehicle operators may cause bike accidents by turning into the path of a bicycle on the driver’s right side. These accidents occur because the driver does not look in their blind spot before turning.
   
   
4. Dooring Bicycle Accident: Dooring accidents are common in urban areas. Dooring accidents happen when an occupant of a car or truck opens their door into the pathway of a bicyclist. In most cases, the bicyclist hits the door, is then flung over it, and suffers serious injuries. This type of accident is usually caused by a negligent driver or passenger who is distracted, inattentive or not watching the roadway when exiting. Dooring accidents are hazardous because bicyclists often have no time to react and avoid the door. The impact of the door can cause serious injuries, including broken bones, concussions, and even death.
   
   
5. Speeding and bicycle accidents: Many drivers who speed do not have time to slow down enough to prevent a collision with a cyclist. These drivers often do not even see the cyclist they strike. Victims of bike accidents involving a speeding automobile usually suffer severe bodily injury. According to the National Highway Traffic Safety Administration (NHTSA), speeding contributed to 30 percent of all fatal bicycle accidents in 2016. That means that if you’re involved in a bicycle accident, there’s about a 1 in 3 chance that speeding caused it.
   
   
6. Weather: Many avid cyclists do not ride their bicycles in snow, ice, or sleet. However, some cyclists ride their bikes in the rain or may get caught in a rainstorm. These cyclists are less visible and must wear safety gear with a headlight to ensure they are visible to other drivers.
   
   
7. Drugs and Alcohol: Drivers who are under the influence of alcohol or drugs are at greater risk of causing serious bodily injury to cyclists on the road. Drunk driving causes many accidents involving cyclists, and many drunk drivers do not realize they have injured a cyclist. Cyclists are at a heightened risk of dying due to these accidents.
   
   
8. Aggressive Driving and Bicycle Accidents: Aggressive drivers who engage in road rage often lose control of their automobiles and strike unsuspecting cyclists. Unfocused, angry drivers are not capable of focusing on the road in a reasonable manner. Aggressive driving causes motor vehicle operators to lose control and injure cyclists.
   
   
9. Distracted Driving and Bicycle Accidents: Distracted driving is a leading cause of bicycle accidents. As more people rely on their phones for directions and communication, the risk of distracted driving increases. When drivers are distracted, they are less likely to notice cyclists on the road, increasing the chances of an accident. Cyclists can also be the ones distracted, leading to an accident. For example, if cyclists look at their phones while riding, they may not see a car coming and could be hit. To avoid distracted driving or cycling, paying attention to the road and putting away phones and other distractions is vital.
   
   
   

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Cyclists Often Face High Medical Costs After a Bike Crash

Injured cyclists have no protection from a physical structure, be it a vehicle, the road, or something else. These victims have exposure to the full force and impact of the motor vehicle that injures them. Their physical injuries, therefore, are often quite severe and require long-term rehabilitation.

Victims of bike accidents often require emergency medical care because they suffer severe lacerations, traumatic brain injuries, and spinal cord injuries. Every accident is different, but many cyclists will suffer fractured bones and extensive road rash. After receiving emergency care, a bike accident injury victim may require long-term hospitalization.

Depending on the severity of the victim’s injuries and the circumstances of the bike accident, victims may spend upwards of a month in the hospital. Surgery is often required for injured cyclists. For example, doctors may perform skin grafts on an injured cyclist if the victim suffered extensive road rash. Or, neurosurgeons may need to perform operations if the victim suffered a traumatic brain injury.

Physical rehabilitation is often necessary for victims to recover from the injuries they suffer during bike accidents. For instance, injured cyclists may have to work with a physical therapist to learn how to walk again.

If an injured victim has a temporary or permanent disability, then physical therapy may be necessary to help the victim’s body heal from the injuries. Bike accident victims also tend to require medication to help them recover from their injuries. Physicians may prescribe pain medication and other forms of medication to reduce pain and facilitate healing.

Medical professionals may also recommend that bike accident victims use specific medical equipment to help them progress in their physical rehabilitation. Lastly, injured bike accident victims may also require psychological counselling and mental health treatment, as serious accidents and injuries can cause trauma, depression, and anxiety.

Medical professionals may recommend specific forms of treatment to help injured victims recover from the psychological symptoms caused by their bike accident. Our Hamilton bicycle accident lawyers have a strong network of qualified healthcare professionals who specialize in the care victims often need after a serious bicycle accident. We’ll connect you with the care you need to heal and recover from every aspect of the accident.

Pain and Suffering From Bicycle Accident Injuries are Very Real

Pain and suffering damages are often available to a bike accident victim. These damages constitute the monetary compensation an injured victim may receive for the physical pain and mental distress the injured victim suffered due to the bike accident injury.

Pain and suffering damages are a form of compensatory damages called non-economic damages. Loss of enjoyment of life and loss of consortium are also forms of non-economic damages. Bike accident victims must show evidence of physical pain and emotional distress to receive financial compensation.

The injured victim may use a multiplier to estimate the damages related to pain and suffering. If the injury is more severe, the multiplier will be higher. Our Hamilton bicycle accident lawyers can help you navigate this process. Bike accident victims prove they suffered specific physical injuries and mental pain by producing documents and records.

People prove pain and suffering damages using objective evidence such as the following:

• Expert testimony related to medical suffering, bodily injury, and lost future earnings
• Medical records and medical bills demonstrating the exact medical treatment an injured victim received
• Photographs of physical injuries demonstrating the severe nature of the injury
• Therapists’ notes and physicians’ notes
• Texts and emails
• Lost time from gainful employment

The pain and suffering victims experience as a result of a bicycle accident is often intangible and subjective. Injured victims can submit expert testimony to prove that they suffered specific psychological symptoms related to their injuries.

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Hamilton Bicycle Accident Lawyers Seek Justice for Injured Cyclists

Unfortunately, cyclists face unique risks as they have little protection against the motor vehicles with which they share the road. A car and bicycle accident can easily result in catastrophic injuries, neck and head injuries, brain damage, spinal cord injuries, nerve damage, and broken limbs. If one is fortunate enough not to be rendered catastrophically injured in a bike accident, injured bicyclists almost always face considerable amounts of pain and suffering and income loss while they are recovering.

How Ontario Bicycle Accident Lawyers Can Help

If you or a loved one has suffered serious injuries or wrongful death in a bicycle accident as a result of a collision with another vehicle or because of unsafe road conditions, our Ontario bicycle accident lawyers can help. Injured cyclists deserve immediate access to the best lawyers in Hamilton and the surrounding area.

Our Commitment to Representing Injured Cyclists

At [Law Firm Name], we represent cyclists in Hamilton and throughout Ontario. Our experienced bicycle accident lawyers are dedicated to fighting for the rights of injured cyclists and helping them secure the compensation they deserve for their injuries, pain and suffering, and lost income.

Free Consultation with a Hamilton Bicycle Accident Lawyer

Don’t face the challenges of a bicycle accident alone. Let our skilled Hamilton bicycle accident lawyers advocate on your behalf and help you seek the justice and compensation you deserve.

For a free consultation with an experienced bicycle accident lawyer in Hamilton, call Lalande Personal Injury Law at 905–333-8888 or fill out a free Consultation Form today. We will be happy to schedule a no-obligation consultation with you and your family to advise you of your legal rights and options.

Common Bicycle Accident FAQ

Bicycle Accident Lawyer Near You in Hamilton, Ontario

Matt Lalande is a trusted Hamilton bicycle accident lawyer with deep family roots in the legal profession dating back to 1973. Since founding his firm in 2003, he has become a go-to bicycle injury lawyer near you, representing injured cyclists across the province. As an experienced Ontario bicycle accident lawyer, Matt is known for his tireless advocacy and proven success in cases involving serious injury, wrongful death, denied disability, and wrongful dismissal.

Lalande Personal Injury Lawyers
1 King St W – Suite 1705
Hamilton, ON L8P 1A4
Canada
Phone: (905) 333‑8888
Open 24 Hours