Toronto Bicycle Accident Lawyers

Cycling is an extremely popular pastime for individuals living in Toronto, North York, and across the GTA. On Toronto’s busy, traffic-heavy streets, cycling is also a primary means of transportation for commuters and residents alike. Unfortunately, there is a growing concern for the safety of cyclists in the city.

In Canada, nearly 74 people die annually in bike collisions. In addition, between 2016 and 2021, Toronto Police Services reported 2,362 injuries in cyclist collisions. Despite the city’s efforts to implement safer infrastructure for riders, many areas still lack the protections necessary for cyclists.

At Fox Vanounou LLP, our Toronto bicycle accident lawyers are dedicated to helping victims of cycling accidents pursue the compensation they need to recover from their injuries. Our legal team has successfully taken on cases involving bicycle accident victims and settled claims on behalf of injured cyclists. If you need help navigating your bicycle accident claim, book a free consultation to discuss your legal options today.

Common Causes & Injuries From Bicycle Accidents

Cyclists are some of the most vulnerable road users that exist in both urban centres and rural communities. Seeing as nearly 73% of these fatal cycling accidents involve motor vehicles, some of the most common causes of collisions include:

• Right Hook Accidents: These occur when a motor vehicle driver turns right at an intersection while a cyclist is travelling straight in a bike lane. These often happen when drivers fail to check their mirrors before making right turns.
• Left Hook Accidents: Left hook accidents happen when drivers turn left through an intersection without stopping for cyclists travelling towards them from the opposite direction.
• Dooring Incidents: When cars stop on the side of the road and fail to check for cyclists before opening their door, the open door may cause a collision with an oncoming rider.
• Distracted Sideswipes: Sideswipes can happen when drivers overtake bicyclists on the road too closely.
• Crossing into Bike Lanes/Paths: Drivers may not realize certain areas of the road are reserved for cyclists. If they merge into bike lanes or attempt to turn through them, collisions can occur.
• Failure to Provide 1-Metre Space: According to Ontario Law, drivers must leave cyclists they share the road with at least one metre of space. When automobile users fail to do so, it can lead to collisions.
• Potholes, Grates, and General Road Disrepair: Issues with road maintenance or unmarked hazards can result in slips, falls, or collisions for unaware cyclists.

The chances of an accident can be increased by aggressive or intimidating driving. When cyclists are involved in an accident on the road (with a motor vehicle or otherwise), they can suffer severe injuries. This is because cyclists have very few protective structures to defend themselves, especially if they are not wearing appropriate safety gear. Some common injuries bicycle accident victims may experience include:

• Scrapes
• Broken bones
• Orthopedic trauma
• Catastrophic injuries
• Brain injuries, including Traumatic Brain Injuries (TBIs)
• Spinal cord injuries
• Post-traumatic stress disorder (PTSD)
• Fatality
• And more

If you’re injured in a bicycle accident as a rider, it’s very important that you seek medical attention right away. Certain injuries may not present for days or weeks after a collision, causing significant damage in the meantime.

Compensation Available for Bicycle Accident Victims in Ontario

When you’re injured as a cyclist in an accident on the road, there are multiple types of compensation you might be eligible for. In general, injured cyclists may be able to claim both no-fault accident benefits and a civil lawsuit against an at-fault party. The avenue you choose to pursue will likely depend on the severity of your injuries and the degree of negligence exhibited by the other party. An experienced Toronto bicycle accident lawyer will be able to advise you on your legal rights and your best option to move forward.

No-Fault Accident Benefits

No-fault accident benefits are offered under Ontario’s Statutory Accident Benefits Schedule (SABS). They are called no-fault benefits because they are available to every individual involved in a motor vehicle accident in the province, regardless of fault. No-fault benefits are mandatory and must be included in every driver’s auto insurance policy through their insurance company. As a cyclist, even if you do not have your own auto insurance, you may still be eligible to claim Accident Benefits through the at-fault driver’s policy.

SABS covers damages like:

• Income replacement benefits (subject to certain caps)
• Medical expenses and rehabilitation costs not covered by OHIP
• Attendant care benefits
• Non-earner and caregiver benefits
• Visitor expenses
• Housekeeping & maintenance costs
• And more

If both you and the at-fault driver do not have auto insurance, you may still be able to claim benefits through the province’s Motor Vehicle Accident Claims Fund (MVACF). These benefits are intended to be a last resort when you’re involved in an accident with an unidentified or uninsured driver.

Bicycle Accident Lawsuits (Tort Claims)

Sometimes, Accident Benefits may not provide the amount of coverage you need to sufficiently compensate you for the damages you incurred. In these cases, you may be eligible to file a tort claim (or lawsuit) against the driver who was at fault for your incident. Under certain circumstances, you may also be eligible to file a lawsuit against an insurance company when they fail to provide fair compensation for you after an accident.

In order to do so, you must be able to prove that the driver was at least partially responsible for the accident. A Toronto bicycle accident attorney will be able to assemble evidence and assess your case to determine who is liable for the collision. You generally have 2 years from the date of your accident to pursue a tort claim, according to the Limitations Act.

When you pursue a lawsuit, you may be eligible for compensation for:

• Pain and suffering
• Past and future income loss
• Loss of earning capacity
• Loss of household capacity
• Out-of-pocket expenses not covered by SABS
• And more

In Ontario, a threshold requirement exists for pain and suffering claims. This means that you must be able to demonstrate that you have suffered a permanent or serious impairment, a significant loss of function, or disfigurement to claim compensation. You and your lawyer can assemble medical reports, footage from the accident scene, and witness testimony to prove another party’s fault in the accident and the extent of your injuries.

What If Your Bicycle Accident Wasn’t With an Automobile?

Although Accident Benefits and the MVACF are available to cyclists injured in motor vehicle accidents, sometimes bicycle collisions occur for other reasons. In such cases, many victims may wonder what options for compensation they are left with. Fortunately, injured cyclists still have legal options under these circumstances.

In non-auto cases, a range of parties can still be held liable for your incident. They might include:

• Municipalities: When cyclists encounter potholes, road disrepair, or unclear signage that leads to an accident, they may hold the appropriate municipality accountable under the Municipal Act and Occupiers’ Liability Act. It’s important to note that there may be different deadlines and requirements when filing a claim against a municipality or other government body.
• Private Property Owners or Tenants: Under the Occupiers’ Liability Act, owners or tenants of private property that fail to maintain reasonably safe conditions for users can be held liable.
• Construction Companies: If construction companies leave debris or otherwise create unsafe conditions on roadways, injured cyclists can pursue compensation from them.
• Product Manufacturers: If your accident resulted from a defect in the bike itself, you may be able to hold the manufacturer accountable for your injuries. Common faulty components in bikes might involve brake failures or front fork failures.

When you pursue a tort claim against a party who was not a motor vehicle driver, you will still need to prove their fault. Necessary evidence might include expert witnesses, safety assessments, and waiver analysis. Your bike crash lawyer will know what documentation to collect to create a compelling case on your behalf.

Why Hire Our Toronto Bicycle Accident Lawyers For Your Accident?

Cycling injury cases involve complex intersections of tort law, insurance law, and municipal liability. For this reason, legal experience can make a difference when you decide to pursue a claim. At Fox Vanounou LLP, our Toronto bike accident attorneys have years of experience helping victims pursue both Accident Benefits and civil claims against liable parties. When you work with our lawyers, we provide:

• Thorough Knowledge of Ontario Bike Laws: We understand how the Highway Traffic Act, the Ontario Traffic Manual (OTM), and municipal bylaws will affect your case. We’ll navigate all provincial regulations to make sure your legal rights are upheld.
• Trial-Proven Experience: Our proven track record of success navigating personal injury claims will help you feel more confident throughout the legal process. Whether you need help negotiating a fair settlement or require representation in court, we can offer tailored legal representation.
• Multi-Disciplinary Support: Our Toronto bicycle accident lawyers know what it takes to assemble a compelling case on behalf of our clients. When you need to demonstrate the extent of your injuries or prove the fault of another party, we’ll coordinate witness testimony, expert opinions, or an Accident Benefits team to build a strong claim for you.

We know that cycling in Toronto and North York can be especially tricky given the high volume of traffic and road users. Despite the continued implementation of cycling infrastructure throughout the city and its suburbs, dangers persist. That’s why we’re dedicated to helping injured cyclists pursue fair compensation for their injuries. No matter where you are in the legal process, we’ll assist you. Schedule a free consultation to discuss your situation today.

Injured in a Bicycle Accident in Toronto? Contact Our Toronto Bike Accident Lawyers Today

Cyclists have the potential to suffer life-altering injuries when they’re involved in collisions on the road. For this reason, it’s extremely important to secure early legal guidance so that you can access the benefits you deserve and begin building a strong claim.

At Fox Vanounou LLP, our Toronto bicycle accident lawyers are here to protect your rights. Whether you’re applying for Accident Benefits, pursuing a lawsuit, or exploring your legal options after a cycling injury, our experienced team can provide legal advice. We’ve helped cyclists recover compensation after doorings, collisions, road hazards, and serious trauma. Let us help you. Schedule your free consultation with our legal team today.

Bicycle Accidents in Toronto: Frequently Asked Questions

How much do bicycle accident lawyers in Toronto cost?

At Fox Vanounou LLP, our Toronto bicycle accident lawyers operate on a contingency fee basis. This means that you don’t pay any legal fees upfront unless we’re able to successfully recover compensation for you.

When you hire our lawyers, you will not be charged a retainer or hourly billing. Instead, our legal fees will be deducted as a percentage of your final settlement or trial award. Typically, our fee will not exceed 30% of your earnings plus HST and disbursements. During your initial consultation, this fee will be discussed and made clear to you so that you are fully informed of the legal process moving forward.

What if the Cyclist is Partially At Fault for the Accident?

Ontario adheres to the principle of contributory negligence, according to the Negligence Act. Contributory negligence is determined when liability is split between the cyclist and another party. Even if a cyclist is found to be partially at fault for their accident, they are not barred from pursuing compensation.

In cases of split liability, compensation will be reduced in proportion to the amount of fault the cyclist had in the accident. For example, if they are found (by a court or judge) to be 25% at fault for the accident, their award will be reduced by 25%.

Cyclists are often found partially at fault for accidents when they fail to signal or disobey rules of the road. An experienced personal injury lawyer may be able to help minimize your percentage of fault when pursuing compensation on your behalf.

What if I Wasn’t Wearing a Helmet at the Time of the Accident?

Even if you weren’t wearing a helmet at the time of your accident, it doesn’t mean your claim is automatically invalid. This is especially true for adults, because helmet use is only legally mandatory for individuals aged under 18 in the province.

However, failure to wear a helmet may impact your level of fault. This is because when cyclists do not take proper safety precautions, they may be found contributorily negligent for their injuries. The level of fault found might depend on:

• The age of the cyclist
• The type and severity of head injuries
• Whether helmet use would have reduced injury

Insurance companies might also try to reference helmet non-use in order to reduce the amount of compensation they pay out. An experienced lawyer will be able to counter such arguments on your behalf.

If you have been involved in a motor vehicle accident, call us at (416) 222-8400 (ext. 223 or ext. 224) or fill out our online form here. We serve clients throughout Toronto and nearby regions of Ontario.