In Toronto, motorists and cyclists often must share the road. When riding a bicycle, be sure to wear the appropriate protective gear. According to an article published in The Guardian, wearing a helmet may actually decrease your chance of a serious head injury by 70 percent or a fatal head injury by up to 65 percent. Even with all of the necessary precautions, you might still wind up the victim of a bicycle accident in Toronto.
What If I’ve been in a Bicycle Accident in Toronto?
If you’ve been involved in a bicycle accident, you’re probably wondering about your rights. You may have legal recourse if the accident wasn’t your fault or if a driver was at least partially to blame. The Highway Traffic Act provides that along with pedestrians, cyclists typically have the right of way on the roads as long as the rules are being followed. Vehicle with bicycle accidents nearly always end up with the cyclist being injured, sometimes seriously. Additionally, the Statutory Accident Benefits Schedule can help you to understand a bit more about your potential compensation.
What Are My Rights?
You have the right to receive monetary compensation to cover the medical expenses associated with your bicycle accident in Toronto. In addition, you can receive money for any work that you missed due to the accident, any pain and suffering that you have incurred, and other expenses related to your injuries.
You can file a tort claim in court to have the responsible party pay you compensation. While the motor vehicle driver’s insurance will generally cover most, if not all, of your costs, you may still get reimbursement even if the driver was not insured. In order to get what you deserve; you want to work with a skilled bicycle accident lawyer who knows the right way to handle your case.
How Can a Lawyer Help Me?
You might be surprised at how much a lawyer can help you with your accident case. In addition to the phone calls or personal visits you have with your legal counsel, your lawyer will be working behind the scenes completing a vast array of tasks related to your case.
Interviewing Witnesses. If there were witnesses to your cycling accident, your lawyer will want to interview them. Even if fault is already proven for the driver of the motor vehicle, there might be some circumstances or events of which you were not aware that could be helpful to increase your compensation.
Interviewing the Driver or the Driver’s Lawyer. Your lawyer will want to talk with the driver of the motor vehicle who caused the accident, especially if he or she is claiming no fault. In lieu of speaking directly with the driver, your lawyer may have to speak with the driver’s legal counsel if any was hired in the case. Some kind of arrangement may be made between the two lawyers to prevent the case from going to court. You’ll have the chance to agree to the terms of any agreement before signing the appropriate documents.
Talking with Medical Providers. It might be necessary for your lawyer to talk with your medical care providers to determine the severity of your injuries. Your benefit award may be higher if you sustained long-term injury as a result of the accident. Legal counsel will also determine if future medical care will be necessary due to your injuries.
Speaking with the Insurance Companies. The lawyer will work out an agreement, if possible, with the insurance company of the driver and your medical insurance provider as well. This will be to see what the insurance companies are willing to cover in your case and if you will be responsible for any medical bills that aren’t covered. For the most part, the driver of the vehicle will be responsible for medical bills, including those paid by your insurer.
Going to Court. If the case is not settled, it might go to court. Your lawyer will question all parties involved and offer the appropriate legal support to help you with your case. It can be difficult to try to handle all of the legal matters on your own, especially when you’re recovering from your injuries. That’s why it’s so important to obtain the advice and assistance of a qualified lawyer. A bicycle accident lawyer knows the letter of the law and can help you to gain compensation for your injuries.
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