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While riding a bicycle can no doubt be a fun and healthy alternative to driving in St. Catharines, it’s also quite dangerous when all drivers don’t share the road as well as they should. Most cyclists – even kids – are aware of the dangers of riding a bike and take precautions to prevent accidents. Still, nobody really expects to be involved in a serious bicycle accident. If you or a loved one has suffered life-changing injuries in a bicycle accident, an experienced St. Catharines bicycle accident lawyer can help you navigate the complex road to recovery after a bicycle accident.
Our lawyers are bicycle litigation experts who have served many bicycle accident clients in Catherine’s area and can help you negotiate a claim with the driver’s insurance company on your behalf. We can evaluate your case to determine whether legal action may be necessary. Having a St. Catharines lawyer handle your bicycle accident case offers you the best chance of getting the settlement you deserve after an accident to help fund your recovery and rehabilitation to the extent that you need it.
What is Bicycle Accident Law all About?
Technically, Bicycle accidents mostly fall under the elements of Motor Vehicle law – when cyclists are hit by cars, trucks or buses. The plaintiff – or victim – must prove wrongful conduct on the part of the defendant driver who hit and hurt them. Most often, the defendant will be either the driver of a vehicle which caused an accident, the owner of the defendant’s vehicle, or both.
Wrongful conduct can include such allegations as failing to maintain and service their vehicle, failing to follow the rules of the road, failing to operate the vehicle in a reasonable manner, using a smartphone, texting and driving, drinking and driving, distracted driving, etc. The wrongful conduct of the defendant driver will be determined by looking at whether the defendant owed a duty of care to the victim in the circumstances and, if so, whether there has been a breach of this duty of care.
Is it up to me to prove I was hurt?
If you or a loved one suffered life-changing injuries in a cycling accident, you will no doubt want to know who is legally responsible for both the accident and your injuries.
From a criminal perspective, drivers can be charged for causing a bicycle accident. It does serve the interest of justice for negligent drivers who injure cyclists to face criminal charges as a result of their conduct, and criminal charges do little to help cyclists who are left with lost wages and life-long pain after a bicycle accident. In order to get compensated financially for your or your family’s losses, you must hire a St. Catharines bicycle accident lawyer to initiate legal proceedings against the driver’s insurance company for compensation.
Most bicycle accident lawsuits in St. Catharines include a legal claim for negligence. Negligence is defined as the failure to exercise the care that a reasonably prudent person would exercise in the circumstances. If you (through your lawyers) can establish that a driver’s negligence caused your injuries and other losses, you can secure compensation – in which case the driver’s insurance company will pay you an appropriate amount of money to help compensate you for your financial and personal harms you have suffered.
In short, a victim in Ontario must prove, through their lawyers, actual harm or injury as caused by the defendant driver. It is not enough to prove that the defendant committed a wrongful act; the wrongful act must be a cause of injury to the victim. We must prove on your behalf that you suffered a permanent serious impairment of an important physical, mental, or psychological function.
What compensation am I entitled to make if I was hurt in a bicycle accident?
The compensation that you are entitled to depends on the extent of your injuries. Statistics in Canada have shown that very common bicycle accident injuries were those to wrists, arms and shoulders, followed by serious head trauma, then to the lower limbs – most particularly the knee. More specifically, inter-cranial injuries were the most common injury seen in emergency departments throughout 2015, followed by fractures of the shoulder/upper arm. Overall, when considering the overall value of a legal claim, relating to both economic and non-economic damages, your overall outcome depends on a series of factors such as:
- Whether or not you were partially or fully at fault
- Your pain and suffering – depending on the severity of your injuries
- Scarring
- Shock, anxiety, trauma and depression
- The severity of your psychological or cognitive injuries
- Your loss of enjoyment of life
- Your family’s financial losses
- Interrupted or fractured relations between you and your family members
- Loss of amenities
- Loss of your past income
- Loss of your future income
- The loss of housekeeping capacity
- The ability to take care of your home
- The overall nature of your injuries
- The impact that the bicycle injury had on your life
- The loss of your ability to participate in recreational activities
- Your medical bills over and above OHIP over your benefit plan
- If serious enough, full-time attendant care or a person available to assist you 24/7
- Financial management or structured services for your settlement.
The amount is determinant on the extent of your injuries. There is no fixed standard in Ontario for deciding on the value of non-economic damages, however there is a cap on pain and suffering in Canada of approximately $365,000.00.
How did your St. Catharines bicycle accident happen?
In our practice, we have seen many bicycle accidents happen due to:
- Drivers startle driver, causing them to fall or be thrown from their bicycle
- Rear-end accidents or striking a bicyclist from behind
- Driver sideswiping cyclists
- Drivers turning right and cutting off the cyclist on a bike path
- Left-hand turns – turning left in front of an oncoming bicyclist without yielding and violating the right-of-way
- U-turn in front of a cyclist, violating the bicyclist’s right-of-way
- Drivers changing lanes without signalling or warning
- Drivers driving too close to cyclists
- T-Bone Accidents – with drivers pulling out of parking lots
- A driver opening his or her door in the path of the oncoming cyclists
- Vehicles failing to stop at lights or stop signs
Have you or a loved one suffered serious injuries in a St. Catharines bicycle accident? Choose the right bicycle accident lawyer.
There is no doubt that bicycling accidents take a heavy toll on human life. People who walk and cycle on a regular basis – even adults or kids – face a much higher risk of traffic injuries or fatal accidents. Pedestrians and cyclists are more likely to be killed or injured than car and public transit users, in proportion to the number of pedestrians and cyclists on the road.
If you or a loved one has suffered serious injuries in a St. Catharines bicycle accident, you will need the services of a St. Catharines bicycle injury lawyer to help formulate a clear, concise, and sensible presentation of your complex cinical requirements and future medical needs in relation to your catastrophic injury or if you suffer from chronic health care needs due to your injuries. With offices in both Hamilton and St. Catharines, our bicycle accident lawyers are able to represent cyclists, pedestrians, and other crash victims throughout the golden horseshoe.
At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.
Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.