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Hamilton Bicycle Accident Lawyer

SERVING ALL OF ONTARIO, ALWAYS FREE CONSULTATIONS & NO-FEES UPFRONT

Hamilton Bicycle Accident Lawyer - Free Consultations and Zero Upfront Fees - Always.

Our Hamilton Bicycle Accident Lawyers have recovered over $60MM in Compensation for Kids and Adults who have been hurt in cycling crashes.

Our Hamilton bicycle accident lawyers have seen it repeatedly—drivers who are careless and not paying attention, texting and driving or distracted, and who cause serious accidents with adults or kids on bikes. These preventable accidents did not need to happen; they changed a person’s life forever—or worse, ended it.

If you have been seriously hurt in a bicycle accident, a Hamilton bicycle accident lawyer can help. We have extensive experience representing bicyclists injured in bicycle accidents caused by the fault of other cars, taxis, trucks, vans or commercial vehicles.  Since 2003, we have helped seniors, adults, and kids recover from the physical, emotional, and financial consequences caused by another party’s negligent or wrongful actions. We have helped secure tens of millions in compensation for bicycle accident victims in Hamilton, the surrounding areas and all over Ontario.

We understand that serious bicycle accidents can result in significant physical, emotional, and financial hardships for the affected individuals, particularly when children are involved. Financial compensation in these cases aims to address the numerous losses and damages experienced by the injured party or their family. This may include covering medical expenses, ongoing care, therapy, lost wages or future earning capacity, and emotional distress.

When children are involved, the impact of a bicycle accident can be particularly devastating, as their young age and developing bodies may require specialized care and long-term support. Financial compensation helps ensure that the child and their family receive the resources necessary to navigate the challenges posed by the accident, including rehabilitation, education, and other support services. In essence, the goal is to provide the injured party and their family with the means to face the aftermath of the accident and work towards rebuilding their lives.

Lalande Personal Injury Lawyers can assist you if you’ve been involved in a bicycle accident. We are an experienced personal injury law firm in Hamilton that is highly experienced in bicycle accident law. To get started, please contact us today or call our office 905-333-8888. Alternatively, you can send us a confidential email through our website or chat live with our live chat operator seven days a week, 24 hours a day. Our Hamilton Bicycle Accident Lawyers are here to help you recover justice in your time of need.

How do I Hire a Hamilton Bicycle Accident Lawyer Near Me?

If you or a loved one have suffered serious bicycle accident-related injuries, you may want to consider hiring an experienced Hamilton bicycle accident lawyer to help protect your (and your family’s) interests.

Those on bikes are generally not considered a priority on the road. Bicycle accidents often lead to serious and catastrophic injuries – with a large percentage of injured victims being commuters and kids. From a fatality standpoint, almost all riders killed in bicycle accidents unsurprisingly happen as a result of crashes with a motor vehicle.

Why is this? Many see bicycles as a safer alternative to cars, but they can be just as dangerous. One of the main differences between bicycles and vehicles is the amount of protection they offer. When inside a car, you are surrounded by metal and glass that can help deflect impact in a collision. In contrast, cyclists are completely exposed, with only a helmet to protect them from serious injury. Thus, they are more likely to be seriously injured or killed if they are involved in an accident.

Additionally, cyclists are less visible than cars, making them more difficult for drivers to see. This increases the risk of accidents, especially at night or in low-light conditions. Finally, bicycle brakes are not as effective as car brakes, making it harder to stop quickly if necessary. These factors contribute to the increased danger of cycling compared to cars.

It is also common for cyclists to be injured in accidents involving street defects or other dangerous roadway circumstances. Examples of this include uneven trip ledges, potholes, negligently installed or missing manhole covers and sewer grates, temporary paving issues, or inadequately marked construction lanes and/or speed bumps.

Unfortunately, insurance companies will do everything possible to minimize your claim and avoid paying you fair compensation for pain and suffering and your wage losses if you can no longer work. Your no-fault benefit carrier will also try to minimize their funding of treatment once “their doctors” say that you reached a plateau. You and your family must give serious thought to hiring an experienced bicycle accident lawyer to handle your bike injury case, especially if your injuries are deemed serious and permanent or, worse, catastrophic. Insurance companies are not your friends.

A bicycle accident injury lawyer is especially advisable if the incident involves children. If a child has been seriously hurt, we always recommend that the parents hire an experienced bicycle accident lawyer.

When in doubt, a bicycle accident victim should at least consult with an experienced Hamilton bicycle accident lawyer to learn more about their rights and to determine whether hiring a lawyer is the best decision.

For a consultation with an experienced bicycle accident lawyer in Hamilton, Ontario, call us at 905-333-8888 or fill out a free consultation form. As a knowledgeable bicycle accident lawyer, Matt Lalande has the expertise and resources to guide you through this challenging time and fight tirelessly to secure the best possible outcome for your case.

Should I Hire a Lawyer who Specializes in Bicycle Accidents?

When someone is involved in a bicycle accident, the aftermath can be more than just physical pain and suffering. It can lead to serious injuries that have a lasting impact on their life and an overwhelming financial burden in the form of medical bills, lost wages, and more. However, if the bicycle accident was caused by someone else’s negligence, the victim may be entitled to significant compensation. This can help alleviate some of the financial stress.

That being said, recovering compensation can be a complex and challenging process. That’s why it’s important to work with a bicycle accident lawyer who understands Ontario’s highway traffic laws and has experience handling bicycle accident cases—particularly a lawyer familiar with the no-fault benefit schedule. Unfortunately, many bicycle accident victims end up suffering catastrophic injuries. As a result, they are entitled to access enhanced funding through Ontario’s no-fault system, which can also be a complex process.

A lawyer who specializes in bicycle accidents will know and understand the funding requirements under Ontario’s no-fault schedule and have immediate access to the proper occupational therapists and discharge planners. These professionals will work in tandem with you, your specialist, and social workers and ensure you have access to everything you are entitled to upon your return home.

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

Kids often get hit by cars for a variety of reasons, including their limited cognitive and motor skills, as well as their smaller stature, which makes 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 result in misjudging the time and space required to cross streets safely. Furthermore, children may not always be aware of traffic rules and safe cycling practices, making them more vulnerable to accidents.

When kids are hit by cars, they often suffer very 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, these injuries can still cause significant pain, disability, and long-term complications – particularly if the child has surgery. Children’s bones contain growth plates, which are 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. The absence of proper safety gear, such as helmets and reflective clothing, can also contribute to the severity of their injuries.

If your child has suffered serious injuries in a bicycle accident, you should consult a Hamilton Bicycle Accident Lawyer to ensure that you receive the compensation and support your child deserves. Matt Lalande is a lawyer who specializes in bicycle accident litigation and has a deep understanding of the complexities involved in the Statutory Accident Benefits Schedule (SABS). The SABS provides extensive no-fault benefits to accident victims, regardless of who is at fault for the accident.

An experienced Hamilton bicycle accident lawyer can help navigate the intricacies of the SABS claims process and advocate on your behalf to secure the maximum benefits and compensation available for your child. These benefits can include medical and rehabilitation expenses, attendant care, and other necessary services to support your child’s recovery and well-being.

Furthermore, an attorney can help you understand your rights and evaluate whether a lawsuit against the at-fault party is appropriate to secure compensation for your child. Tort claims can provide additional compensation for pain and suffering, loss of enjoyment of life, and future economic losses that may not be covered by the SABS.

In summary, retaining a lawyer with expertise in bicycle accidents and the Statutory Accident Benefits Schedule in Ontario is essential for navigating the complex legal landscape and ensuring that your child receives the proper care and compensation following a serious bicycle accident.

Bicycle Accidents and 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 who have been 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 who 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 serious 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 sustained by cyclists 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 significantly impact 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, emphasizing 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 resulting from front or side falls, or hard falls in the shoulder. Clavicle fractures typically require surgery and often hardware.

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.

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 which connect with the two long forearm bones called the radius and ulna. Cyclists often suffer displaced or non-displaced wrist fractures, depending on how they fall.

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.

Herniated DiscsHerniated discs can be extremely painful and may require surgery, such as a laminectomy, to remove the disc and fuse the vertebrae. Landing on your back can stress the spinal column and cause your discs (the cushion between your vertebrae) to rupture or move out of place and press against spinal nerves. This causes severe pain in the back and sharp pain/tingling through your arms and legs.

Head Injuries – Bicycle helmets can reduce the risk of severe traumatic brain injury (TBI) when riders (particularly kids) 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 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.

What if I Can’t Work Due to a Bicycle Accident?

It is very common for a serious bicycle accident to render victims unable to return to work. Although many working people have allocated time off with employer-paid sick days or vacation days, it’s often not enough. A cyclist is entitled to income replacement benefits at a rate of up to $400.00 a week through their own insurance company (or the insurance company of the driver that hit them). Again, though, this is not enough.

Some injured victims may be a part of a group plan or carry private short-term disability insurance. This can help bridge the gap until they can apply for long-term disability, but again, it may not be enough for a seriously hurt victim who faces the prospect of never returning to work.

A Hamilton bicycle accident lawyer can help you recover your lost income from the date of your accident to the date of your settlement or court verdict. This also includes your lost income to your expected retirement date.

Lost wages can also be framed as:

  • A direct economic loss for the exact period during which you are unable to work.
  • A lost earning capacity if you sustain a long-term disability from the accident and cannot make as much money as you did before the accident.
  • A lost economic opportunity, such as losing clients or being forced to close a business.
  • A loss of competitive advantage: if you are hurt or disabled, and you suffer a competitive disadvantage in the labour force compared to other persons who are not, you may be entitled to an economic loss.
  • A loss of interest and earnings on investments.
  • A loss of pension contributions: if you are unable to work, your contributions may be reduced or unmatched.
  • Lost opportunities for promotions at work and anticipated pay increases.

Hamilton Bicycle Accident Compensation

This is a question many of our clients ask, and the answer can be quite complicated. Personal injury damages that are awarded by trial or settlement are not normally claimed in a “lump sum” amount. When you make a bicycle accident injury claim against the driver who hit you or caused you harm, the damages paid to you are compensatory. This means that the damages (or money paid to you) are to financially compensate you, as the bicycle accident victim, for the losses you sustained. When you make a financial claim for personal injury compensation, the amount of money you claim is normally broken down into different claims to compensate for your losses.

Bicycle Accident Compensation is Divided Into Two Major Claims: Economic and Non-economic Damages

Non-economic damages are damages that compensate you for anything but your loss of wages. For example, non-economic damages would compensate you for your pain and suffering if you are hurt, for your loss of enjoyment of life, loss of life expectancy and/or loss of amenities.

There is no fixed standard in Canada for deciding the value of non-economic damages. In 2004, The British Columbia Court of Appeal released a case that gave us fairly clear guidelines on how an injury lawyer should calculate non-economic (pain and suffering) damages and what common factors influence a Court’s award. The Court noted that:

  • We must look at the age of the victim
  • We must consider the nature of the victim’s injury;
  • We must consider the relative severity of the victim’s pain;
  • We must consider the duration of the victim’s pain;
  • We must consider the nature of the disability;
  • We must consider the emotional suffering;
  • We must consider the loss or impairment of the enjoyment of the life of the victim;
  • The awards that we study in the comparable cases must be adjusted for inflation.

Economic damages are financial losses or expenses that you have suffered as a direct result of your bicycle accident and injuries. For example, you would be able to claim an economic loss if you are no longer able to work, you suffer a loss of income because you had to change jobs, or you were no longer able to apply for a certain promotion.

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 helmets compared to overwhelming helmet use 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 major 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). This type of high-impact trauma to the brain can result in a major concussion or open 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, major stutter, the inability to concentrate, sleep disorders and, in some cases, permanent disability or death.

Bicycle accident helmets, although they reduce the chance of injury, do not assure that riders will survive a crash. 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. To ensure maximum safety and protection, it’s crucial you get a properly fitted, certified helmet. 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 that is 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, it’s best to go to a reputable bike shop or sporting goods store. They’ll have a great selection of certified helmets, and staff can help you find the perfect fit.

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.

Sideswipe Accidents: This is a form of bike accident related to positioning. These bike accidents occur when the driver of an automobile 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 both drivers and cyclists as it can help prevent these types of accidents from happening.

Rear-End Bicycle Accidents: Many bike accidents occur when a driver of an automobile strikes a cyclist from behind. These drivers are often following the cyclist too closely or not paying 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.

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. Operators of motor vehicles may cause bike accidents by turning into the path of a bicycle on the driver’s right side. These bike accidents occur because the driver does not look in their blind spot before turning.

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 particularly dangerous because the bicyclist often has no time to react and avoid the door. The impact of the door can cause serious injuries, including broken bones, concussions, and even death.

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 see the cyclist they strike. Victims of bike accidents involving a speeding automobile often suffer severe bodily injury. According to the National Highway Traffic Safety Administration (NHTSA), speeding was a contributing factor in 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.

Weather: Many avid cyclists do not ride their bicycles in snow, ice, or sleet. However, some cyclists ride their bicycles in the rain or may get caught in a rainstorm. These cyclists are less visible and need to wear safety gear with a headlight to make sure they are visible to other drivers.

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.

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.

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 a driver is 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 a cyclist is looking at their phone while riding, they may not see a car coming and could be hit. To avoid distracted driving or cycling, it is important to pay attention to the road and put away phones and other distractions.

Cyclists Often Require Extensive – and Expensive – Medical Treatment after a Bicycle Accident

Injured cyclists have no protection from a physical structure. 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 a long-term rehabilitation period.

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. Injured cyclists may have to work with a physical therapist to learn how to walk again, for instance. 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.

The Pain and Suffering From Bicycle Crash Injuries are Very Real

Pain and suffering damages available to a victim of a bike accident 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 amount of damages related to pain and suffering. If the injury is more severe, the multiplier will be higher.

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.

Filing an Insurance Claim for Bicycle Accidents and Injuries

Liability for a bicycle accident will depend on the exact cause and who was responsible. Bike accident injury victims should retain a Hamilton bicycle accident lawyer before speaking with any insurance company or filing any insurance claims.

A driver of a motor vehicle might be responsible for causing an accident, and an injured bicyclist may file an insurance claim against the driver. A cyclist may also file a claim against government agencies responsible for designing or maintaining a road that was in disrepair or filled with excessive debris.

A bicycle may contain a design defect or a repair defect, and the cyclist can file an insurance claim against the business entity responsible for manufacturing, designing, or repairing the bicycle.

A cyclist may file an insurance claim against a dog owner if a dog injures a cyclist. Also, a cyclist can file an insurance claim against a pedestrian if a pedestrian injures a cyclist. While accidents with motor vehicles are most common, there are various ways a bicycle accident can happen.

After a bicycle accident, injury victims need to report their version of events to the police officers responding to the accident. They also need to write down the badge numbers of all police officers on the scene.

Injured victims need evidence of liability, so they must document as much information related to the bike accident as possible. Collecting evidence of liability is also very important and will be useful when injured victims file an insurance claim.

Injured victims should:

  • Record videos or photographs of any injuries
  • Record videos or photographs of any property damage
  • Records videos or photographs of the accident scene from multiple angles
  • If a bicycle or helmet sustains damage, then leave them in this state of disrepair so they can be documented and analyzed at a later date
  • Record notes regarding the events leading up to the accident itself
  • Document where and when the accident occurred
  • Document the weather conditions that existed at the time of the bike accident
  • Photograph any road damage or debris that may be related to the bike accident

Injured victims should not speak to any insurance company or insurance company’s representative without first retaining a competent and experienced Hamilton bicycle accident lawyer. Many insurance companies will try to make an injured victim accept a low settlement offer or admit liability by signing misleading documents.

An experienced bicycle accident lawyer can help file an insurance claim and gather evidence. A lawyer can also negotiate with insurance companies, protecting you from any tactics they use to delay financial compensation.

What Should I Ask a Hamilton Bicycle Accident Lawyer During My First Consultation?

When retaining a bicycle accident lawyer, you need to choose someone who is experienced, knowledgeable, and competent. You want to choose a lawyer that you can get along with and who makes you feel comfortable. During an initial consultation, you can ask the lawyer questions about your case and their relevant experience.

You want to know if the lawyer is someone you trust. Do you think you need a second opinion based on the words or actions of the lawyer? Do not be afraid to ask the lawyer how they treat their clients. Pay attention to the service you received when you first met your lawyer. For example, how many times did your call go to voicemail?

You will want to know if your lawyer has trial experience and how many serious bicycle accident cases they have handled over the course of their career. What is their success rate?

Competent lawyers will usually follow up with clients after an initial consultation. You need to ask yourself if you trust the lawyer and how they treated you. Did you feel appreciated and valued, or did you feel like just another potential case for a busy professional? You want to hire a lawyer you trust because you will be providing confidential information.

Next, you want to ask your lawyer who will be your point of contact at the law firm or law office. Will you have the chance to communicate with your lawyer directly, or will you need to speak with a receptionist or legal assistant? If you have questions about your case, you need to speak with your lawyer quickly. Do not hesitate to be transparent about your expectations and needs.

You want to ask your lawyer during the initial consultation what the best approach is for resolving your bike accident injury claim. A competent lawyer will explain several options to you and advise you on the best course of action.

Lastly, you need to ask your lawyer about the cost of legal representation and their fee structures. Many bike accident lawyers work on a contingency fee basis, which means that the client pays no retainer fee or hourly fee but rather pays the lawyer out of any financial award recovered after the case resolves.

Contact a Hamilton Bicycle Accident Lawyer for Your Free Consultation Today

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. Injuries may also require reconstructive surgery and lengthy recovery.

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 Hamilton bicycle accident lawyers can help. Injured cyclists deserve immediate access to the best lawyers in Hamilton and the surrounding area. We represent cyclists in Hamilton and throughout Ontario. For a free consultation with an experienced bicycle accident lawyer in Hamilton, call Lalande Personal Injury Law at 905333-8888 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.

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Common Bicycle Accident FAQ

  1. If I’ve been in a bicycle accident, do I need a bicycle accident lawyer?

    It depends. If you have suffered a minor injury, then probably not. We recommend contacting your insurance company and applying for no-fault accident benefits. Your insurance company will provide you with medical and rehabilitation benefits to help you recover. However, if you have suffered a serious injury or multiple injuries, then absolutely. It’s important that you contact a bicycle accident lawyer whose experience will be able to recover compensation for your pain and suffering, lost wages, loss of housekeeping capacity, cost of your care and medical bills, and compensation for your family members.

  2. If my loved one was killed in a bicycle accident, what should I do?

    Firstly, the unexpected and sudden loss of a loved one and a bicycle accident is brutally devastating. It’s important that you contact a bicycle accident lawyer who has expertise in wrongful death cases. Our bicycle accident lawyers will be able to recover out-of-pocket expenses and funeral costs immediately for you and your family to ease the financial burden. Then, we will obtain the compensation that you and your family deserve, including the lost wages of your loved one, dependent support, compensation for survivors and other economic and non-economic losses to help you and your family recover as best you are able.

  3. What are common bicycle injuries?

    The most common bicycle accident injury, by far, is brain trauma. Falls are a real hazard for bicyclists, and you can reduce the potential for a traumatic brain injury if you wear a helmet. Other very common bicycle accident injuries are tibial plateau fractures, knee fractures, ankle fractures, spinal fractures, and hip fractures. Also, many bicycle accident victims often suffer lacerations, scarring and disfigurement.

  4. How long should I wait before contacting a bicycle accident lawyer?

    You should contact a bicycle accident lawyer immediately. Is important to start the investigation early – but it’s also more important to hire a lawyer to help get insurance proceedings in place. The insurance scheme in Ontario is extremely complicated. It’s important that you hire a bicycle accident lawyer who has experience in representing bicycle accident victims so they can ensure that your discharge from the hospital or rehabilitation facility is properly funded, your home is ready for your arrival, and the proper occupational therapists are in place, who will remain with you until the end of your case and longer. It’s absolutely crucial for many reasons that you hire a bicycle accident lawyer very early on in your case.

  5. If I’ve been hurt on a bicycle, what compensation am I entitled to?

    Compensation that you may be entitled to is dependent on the losses you have suffered. For example, if you have suffered very serious orthopedic injuries or head trauma that prevents you from working, then your compensation would include past and future lost wages until your estimated statistical date of death. You can also claim damages for things like pain and suffering, loss of amenities, loss of enjoyment of life, loss of the ability to take care of your home, damages for health-care expenses not covered by OHIP, damages for your family members whose relationship with you has been damaged because of your serious injuries.

  6. Are bicycle accident consultations free?

    Talking with our Hamilton bicycle accident lawyers is always free. We never ask clients for money upfront under any circumstances.

  7. How do bicycle accident lawyers charge fees?

    Our bicycle accident lawyers charge what are called contingency fees. These fees are charged only based on a percentage of the recovery – you don’t pay anything unless we win.

  8. How much can I sue for pain and suffering?

    In Ontario, there are caps that are unfortunately placed on pain and suffering awards. A person who is injured can be awarded a current maximum of approximately $399,000.

  9. What are the most common bicycle accident injuries?

    When a cyclist is hit by a car or truck, the most common injuries are fractures to the lower extremities, especially the knees, femur and pelvis areas. Brain trauma is almost always a factor in bicycle accidents.

  10. What is the most common cause of bicycle accidents?

    One of the most common and dangerous accidents for bicyclists is being hit by a driver making a left turn. Also, drivers turning right while looking left is also a very common cause of bicycle accidents in Ontario.

  11. What is a dooring bicycle accident?

    Dooring accidents happen when someone in a car opens his or her door into the pathway of an approaching bicycle. The bicyclist, in most cases, is flung over the door and can suffer very serious injuries.

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