If you’ve been injured as a cyclist or pedestrian in the Toronto area, it’s important to understand that you have the same rights on the road as motorists, and in many cases, additional protections. Unfortunately, negligent motorists—whether by unlawfully turning into bike lanes, failing to yield, or being distracted or impaired—can cause serious injuries. If you’ve been injured in such an accident, a Toronto personal injury lawyer can help you seek compensation for your damages.
Bicycle Accidents
Cycling is a great way to get around, but it’s crucial to stay visible and follow traffic laws. Even when doing everything right, cyclists can still be victims of accidents caused by motorists. Common causes of bicycle accidents include:
- Dooring (a driver opens a car door in the path of a cyclist)
- Drivers turning into bike lanes
- Passing too closely
- Failing to yield at intersections
- Distracted or impaired drivers
Drivers must maintain at least 3 feet of space when passing cyclists and cannot drive in bike lanes unless turning. In some cases, if the bike lane is poorly designed or the road is improperly maintained, the municipality could be liable for injuries.
In addition, if the bike was defective, the manufacturer or repair shop could also be responsible for the accident.
Pedestrian Accidents
Pedestrians, including those on foot, bicycles, or other devices like scooters and wheelchairs, have the right of way when crossing the road. If you’re hit by a motor vehicle, the law presumes the motorist was at fault, and they must prove otherwise.
Pedestrians are at risk of severe injuries in accidents, such as:
- Broken bones
- Spinal injuries, including paralysis
- Internal injuries
- Traumatic brain injuries or death
Common causes of pedestrian accidents include speeding, distracted or impaired driving, poor street lighting, and motorists failing to stop at intersections or yield to pedestrians.
Even if you are partially at fault—such as jaywalking—the amount of compensation you receive may be reduced, but it will not necessarily be eliminated.
Accident Benefits
Regardless of fault, you may be entitled to Accident Benefits, which include:
- Income replacement
- Medical and rehabilitation expenses
- Caregiver and housekeeping benefits
You can access benefits from your own auto policy or that of a household member, and if you don’t have a policy, the driver’s insurance may cover your expenses.
Third-Party Claims
If your injury is serious and permanent, you may also be entitled to pursue a third-party claim for compensation beyond what your Accident Benefits provide. This could include compensation for pain and suffering, lost income, and future medical expenses.
Fatal Pedestrian Accidents
If you’ve lost a loved one in a pedestrian accident, you may be entitled to Death and Funeral Benefits and may also be able to pursue a third-party claim for the loss of companionship, income, and other financial support.
Contact Us
If you’ve been injured in a bicycle or pedestrian accident, it’s essential to consult with an experienced Toronto personal injury lawyer. We are here to help you navigate the legal process and get the compensation you deserve.
Call us today for a free consultation at 416-800-1535.