Bicycles have long been accepted as a legitimate form of our transportation system. In Toronto, bike lanes are becoming favorable and ever more frequent, and motorist and cyclist need to continue remaining vigilant to avoiding an accident.
If you have been involved in an cycling accident that involved a car or was a result of a negligence of a third party, contact Azimi Law today for a free no-obligation consultation to know your rights.
Cycling Accident (Hit by a Car)
In Ontario, both motorists and cyclists are covered under Ontario’s no-fault insurance system if they collide. If the cyclist has his own motor vehicle insurer (meaning he has his/her own insurance policy or is named under his the policy of his/her, then he may eligible to claim accident benefits and be entitled to receive:
- Medical rehabilitation benefits
- Income replacement benefits
- Attendant care benefits
If however, the cyclist does not have his own motor vehicle insurance policy, he may be entitle to claim the above-mentioned accident benefits through the insurer of the motor vehicle that hit her.
In addition to receiving accident benefits, the cyclist that was struck by a motor vehicle has the right to sue the at-fault driver within 2 years of the accident. A Tort claim is a law suit, and those injured are able to claim damages and compensation for pain and suffering, future care and economic losses. Also, family members of those injured also have the right sue the at-fault party for damages under the Family Law Act.
Cycling Accident (Poor City/Municipality Road Conditions)
Similar to a slip and fall claim, if cyclists are able to prove that due to poor municipal road conditions they may be able to sue the city/municipality. The City or Municipality has a duty to provide what’s known as Safe Passage, by ensuring the upkeep of the road and ensure the reasonable state of repair, and this standard of care was recognized as the law in Ontario in Johnson v. Milton (Town). The City must maintain the upkeep of the surface of the road, alignment of the road, obstacles on the side of the road and signage.
At Azimi Law we apply our extensive resources to helping our clients get the compensation that they deserve such as forensic tools and investigation techniques available