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“Dooring” Accident: How to Successfully Claim Benefits?

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“Dooring” Accident: How to Successfully Claim Benefits?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
dooring accident benefits Himpro

Warm Weather is Here

Now that warmer weather is here more of us will be enjoying the outdoors swimming, hiking, and riding bikes. And with COVID-19 still in our area, many of us will be using our bikes not only for recreation and exercise but, for commuting rather than taking public transport. With the increase in bikes on the roads comes the increase in bicycle accidents. “Dooring” is the term used to describe when a cyclist collides with a car door that is opened in their traveling path, by an occupant in a parked car.

Dooring Accident Benefits

Dooring injuries can be very serious causing permanent impairment and disability. Some injuries arising from dooring include limb fractures, torn ligaments, and head injuries. You are eligible to be compensated if you are a cyclist who has suffered injuries as a result of a dooring accident.

Because dooring accidents involve a motor vehicle, a cyclist involved in a dooring accident can make an accident benefits claim for medical benefits like physiotherapy, reimbursement for medication, psychological treatment, and where warranted income loss.

Immediately following a dooring accident the following steps ought to be followed to successfully claim benefits:

1.      Make note, if you can, take down the name and contact information of the driver and any occupants in the motor vehicle involved in the accident.  Ensure you also ask for proof of their motor vehicle insurance and note down the name of the insurer and insurance policy number for the vehicle.
2.      Attempt to obtain the names of any witnesses to the collision.
3.      Take photos of the damage to your bicycle, your injuries, and the motor vehicle that collided with you.
4.      Seek medical attention by attending with a physician or at an emergency department.  Follow your doctor’s advice and be compliant with all prescribed medical treatment.
5.      Notify your motor vehicle insurance company as soon as possible or the insurer for the motor vehicle involved in the collision.  You must complete an application for accident benefits within 30 days of the accident which will include a list of your injuries and details as to how the accident happened.
6.      Contact a bicycle accident lawyer to assist you with determining if you have the grounds to file a negligence claim against the owner/operator of the motor vehicle.  This will be dependent on to what extent, if any, you were at fault or partially at fault for the collision or injuries you sustained.

Compensation

If your injuries as a cyclist are serious, life-altering, and permanent you could also consider bringing a negligence lawsuit against the owner of the motor vehicle for pain and suffering and economic losses. Success with negligence lawsuits will depend on the specifics with respect to how the accident happened.  In some cases, a cyclist can be found to have been a contributory factor to his or her injuries, which can result in a reduction in any recovery of compensation.

Bicycle Safety

The Ontario Highway Traffic Act considers a bicycle a vehicle and thus cyclists are subject to adhere to any violation of traffic laws.  When considering if you should initiate a negligence claim against the motor vehicle owner/operator involving your dooring accident consider the extent of your liability, if any, in causing your accident. It is also important to consider what steps did you take as a cyclist to prevent or mitigate injury, including wearing a helmet, cycling unimpaired by alcohol or drugs, or ensuring your sight and hearing were not impaired.

With the increase in bike traffic cities all over Canada have seen the need for need laws and safety initiatives. As recently as May of this year, Toronto has announced the rollout of the largest new cycling infrastructure ever, Hopefully, more will soon follow.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
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21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
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15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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