Why You Need A Bicycle Accident Lawyer in Ontario
Bicycle riders are at extreme risk on our roads and streets for serious personal injury when involved in an accident. Motorists are insensitive to the rights of bicyclists and can place a bicyclist in extreme danger. We are very experienced with accidents involving bicycles and motor vehicles. Every bicycle rider involved in an accident with a motor vehicle is entitled to a claim for accident benefits and a claim for compensation against the at fault driver.
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It is extremely important to retain a bicycle accident lawyer immediately after the accident so that the scene of the accident can be inspected, including an inspection by an engineer who can find evidence to help build your winning case. It is also important to have the engineer inspect not only your bicycle but also the other vehicle so that a proper accident reconstruction can take place. Sometimes a bicycle accident does not involve a motor vehicle but some other deficiency such as a pothole on a roadway, streetcar tracks or poor winter maintenance. In situations like this, your Bicycle Accident Lawyer will analyze the particular facts of your accident to determine the merits of your case.
Your Bicycle Accident Lawyer will file a Tort Claim and an Accident Benefits Claim on your behalf.
A Tort Claim is an entitlement for compensation from the at fault driver’s insurance company. An Accident Benefits Claim is no fault compensation for income replacement, medical and rehabilitation expenses as well as expenses for attendant care and housekeeping.
What Your Toronto Bicycle Accident Lawyer Will Do
Your Bicycle Accident Lawyer will have experts investigate your accident and injuries in order to build your winning case. If you have been injured, our experts will determine how to get you the best medical care you deserve, including immediate and long term care and rehabilitation.
In Ontario, if a motor vehicle strikes a cyclist, there is a presumption of negligence on the part of the motor vehicle driver. This is called the reverse onus and is established by section 193 (1) of the Highway Traffic Act. The presumption applies to pedestrians and bicyclists and presumes the driver of an automobile to be negligent. This presumption is rebuttable by the driver, but must be rebutted by cogent evidence The presumption or reverse only applies to roads and highways. It does not apply to private roadways, like parking lots, private property and unassumed roads, We do not rely merely on a presumption of negligence. We go the extra step to build your winning case on liability while also building the damages aspect of the case from the moment we are retained.
How Bicycle Accidents Happen Around Ontario
There are a wide variety of factors that play into why accidents with bicycles happen. Many can be chalked up to vehicle driver inattention or not looking before turning or changing lanes. Sometimes bicycles are in blind spots or visibility is low. Biking safety can be impacted by many factors outside of the rider’s control.
Dooring happens when a driver or passenger opens their door without looking – sometimes hitting a rider or causing them to swerve into traffic or pedestrians abruptly. The rider could also run right into the person or the vehicle depending upon the amount of time they have before possible impact. Injury and property damage can happen in any scenario.
Road damage can also cause accidents and injury while you’re out riding your bike. From debris on the roadway to potholes and gravel skid outs, serious injury can come to you or your bike if you run into these hazards. In some cases, homeowners or even the city/town/province can be responsible for the damage and injury. The only way to have your interests protected is to contact a bicycle accident lawyer for help.
Whatever the reason, an experienced bicycle accident attorney can make a big difference in your outcome – from big accidents that could, unfortunately, involve serious injury or fatality, to small bumps that necessitate property replacement and some medical care. Let us help you get back on the road.
Types of Injuries from Bicycle Accidents in Toronto
- When you’re struck or fall due to a bicycle accident – injuries can range from scrapes and road rash to life-altering head trauma, fractures to bones and bodily injury. The at-fault driver or property owner will likely have insurance that has their own best interests at heart. Making sure you or your loved one is taken care of after a bicycle accident in Toronto is important – the lawyers at Himelfarb Proszanski can help.
Injury examples from bicycle injury:
- Road Rash – sliding across pavement or gravel can cause serious injury – enough that you may need plastic surgery and skin grafts to help with recovery. Road rash is not a minor thing.
- Head Injuries – A concussion can be a short or long-term injury – and it’s likely the doctors won’t know right away.
- Back Injury – Any type of injury to the core structure of your body can have serious and long-term consequences, making sure you’re seen by an expert without the stress of worrying about payment is just one way Himelfarb Proszanski can help with your bicycle injury accident
- Broken Bones – from a toe to major bone structures in the body – recovering from a broken bone can mean time away from work and the need for in-home care after you’re discharged from the hospital. Be sure your interests are taken care of in the long run
How It Works
Our personal injury lawyers will meet you wherever you are; whether it is at home, your office, or in the hospital.
We will analyse the scene of the accident, your bicycle and any other vehicle involved in order to build your winning case. If no other vehicle is involved in your bicycle accident, we will review the circumstances leading to your accident and assign appropriate liability.
Why Choose HIMPRO?
Himelfarb Proszanski is a leading law firm with full-service personal injury lawyers. We have been recognized by Best Lawyers and have the highest rating, AV Preeminent, from Martinadale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. And finally, we’re the only firm to offer you the HIMPRO Advantage™.
- Your injury is assessed and your options are discussed
- Your rights are protected and your claim is pursued
- Your disability and other benefits are secured
- You or a loved one obtains the award they deserve
- You receive updates throughout the entire process – Our Communication Guarantee
- Your injury assessments are booked with respected specialists
- Your rehabilitation is optimized and personalized using our extensive network of rehabilitation and medical specialists
- Your rehabilitation is monitored and tracked
- Your case is managed by our lawyers from start to finish
- You are made aware of options designed to maximize your settlement amount
- Free Case Evaluation
Schedule your free no-obligation personal injury evaluation. - Hospital & Home Visits
Visits are available free of charge anywhere in Ontario. - No Fees Unless We Win
Our guarantee: we don’t get paid until your case settles.
How We Work with You
Your Bicycle Accident Lawyer will have experts investigate your accident and injuries in order to build your winning case. If you have been injured, our experts will determine how to get you the best medical care you deserve, including immediate and long term care and rehabilitation.
In Ontario, if a motor vehicle strikes a cyclist, there is a presumption of negligence on the part of the motor vehicle driver. This is called the reverse onus and is established by section 193 (1) of the Highway Traffic Act. The presumption applies to pedestrians and bicyclists and presumes the driver of an automobile to be negligent. This presumption is rebuttable by the driver, but must be rebutted by cogent evidence The presumption or reverse only applies to roads and highways. It does not apply to private roadways, like parking lots, private property and unassumed roads, We do not rely merely on a presumption of negligence. We go the extra step to build your winning case on liability while also building the damages aspect of the case from the moment we are retained.
