Bicycle accidents occur in a split second, but the repercussions often last much, much longer. The physical, emotional and financial hardship that often accompanies a debilitating injury endures long after the initial shock and acute pain subsides.
A serious bike riding accident can cause life-altering or even life-ending injuries, and the costs associated with medical treatments, rehabilitation, lost income, and lost earning potential are often immense. At a time when injuries may have left you or your loved one unable to think and act as you would normally, trying to make sense of insurance benefits applications and damage claims can be overwhelming. You should know that you are not alone.
We can help.
The knowledgeable, experienced, and effective bicycle accident lawyers at Howie, Sacks & Henry LLP have helped many people just like you or your loved one access the benefits and compensation they rightly deserve following a tragic cycling accident.
As one of Canada’s top personal injury firms, we’ve developed a strong reputation for getting results for clients in even the most challenging and complex bike accident cases.
An HSH LLP bicycle accident lawyer can alert you to important deadlines to file both benefits applications and notice of claims. We can help determine what types of medical records and assessments are needed for benefits and damages claims. And, we can offer trusted legal advice about how to deal with insurers or potential defendants who may contact you in an attempt to settle your claims for much less than their worth.
Whether we’re advocating on your behalf as we negotiate a fair settlement, or bringing your case to trial if it’s necessary to get you what you deserve, count on the skillful team of HSH LLP bicycle accident lawyers to be on your side and by your side as you seek justice.
What are common personal injuries from bicycle accidents?
From bike-riding on streets, to mountain biking, to speed cycling, bicycles are used for many different purposes and in a wide variety of locations. The kinds of injuries a cyclist sustains and their severity will vary depending on the type of incident and other factors.
Some frequent injuries from acute trauma in a bicycle accident include:
- Fractures (skull, facial, ribs, limbs, pelvic)
- Soft tissue injuries (road rash, cuts)
- Joint dislocations
- Muscle strains
- Organ damage from perforations, ruptures, and haemorrhages
- Acquired Brain Injuries (ABIs), including concussions
- Nerve and/or spinal cord damage
If you are ever involved in a bicycle accident, you should always seek a timely medical evaluation and assessment from a first responder, a hospital’s emergency department, your family doctor, or another medical practitioner. An accident victim in shock or someone who has sustained an internal injury may not comprehend the severity of their injury until their condition deteriorates.
Can an injured cyclist receive accident benefits?
Not every type of injury-causing bicycle accident will entitle you to receive accident benefits. It is important to discuss the specifics of your accident and injuries with an experienced cycling accident lawyer to understand your legal rights and options.
Any person in Ontario who is involved in a motor vehicle accident is eligible to make a claim for compensation from Statutory Accident Benefits Schedule (SABS), regardless of whether they carry motor vehicle insurance themselves or whether they were at fault for the accident. If you have purchased optional motor vehicle insurance benefits (or if you are covered by a family member’s plan with these benefits), you may be able to claim significantly more for serious injuries.
A cyclist who has private health insurance or disability benefits coverage (purchased independently or through an employer’s plan) may also be eligible to make a claim for these benefits. Claims for these benefits can be made for both accidents involving motor vehicles, and other types of cycling accidents.
If your accident occurred while you were working, Workplace Safety and Insurance Board (WSIB) benefits may be applicable.
What types of benefits am I entitled to?
Depending on the nature of your accident, the level of injury, and your collateral benefits coverage, you may be entitled to:
- Rehabilitative therapies: physiotherapy, massage therapy, psychotherapy and/or counselling, chiropractic care, acupuncture and other medically-approved treatments not covered by OHIP
- Other medical expenses, including the costs of examinations
- Attendant care
- Income replacement, caregiver benefits, and/or non-earner benefits
- Expenses relating to lost education, visitors, home repair and maintenance, and damages to personal belongings
Can I sue for damages sustained in a bicycle accident?
If you were not at fault (or only partially at fault) for your bicycle accident, you may also be able to file a tort claim for damages against one or more negligent persons or their insurer(s). If your injuries are serious, a civil lawsuit is often necessary to recover damages and ensure your SABS or other collateral benefits are not exhausted before your need for them ends.
Depending on the circumstances of your accident, specific laws may apply. For example, accidents occurring on municipal property and/or involving municipal employees may fall under an exception in the Occupier’s Liability Act involving government defendants. Laws such as these can significantly restrict the time available to you to file notice of a claim, so contacting an experienced bicycle accident lawyer as quickly as possible after your injury is always advisable.
The HSH LLP bicycle accident team can assist by coordinating benefits applications, accessing medical records, scheduling assessments necessary for compensation, and answering questions relating to your specific circumstances.
What type of bicycle accident cases does HSH LLP handle?
The most common cases our firm takes on involve bicycle collisions with motor vehicles. While these cases represent a relatively small fraction of all injury-causing bicycle accidents, they are significantly more likely to result in serious, permanent and/or fatal injuries.
Police reports of motor vehicle accidents involving cyclists reveal a troubling rate of cyclist injuries and fatalities in Ontario. Yet research suggests it only captures a portion of the harm bike riders experience.
Common accidents involving motor vehicles that our bicycle accident lawyers handle include:
- A motor vehicle making a right-hand turn and cutting off a cyclist travelling on the far-right of a lane
- Head-on collisions, often when a motor vehicle makes a left-hand turn in front of an oncoming cyclist
- A cyclist striking a stationary vehicle door that has been opened immediately in front of them
- A cyclist being hit by a motor vehicle that is exiting a driveway
- A cyclist being hit or clipped by a motor vehicle travelling behind them that is following too closely
- Losing control of a bicycle on a street or highway in front of or beside a motor vehicle
Other biking accident cases we may be able to assist with include:
- Colliding with a negligent pedestrian or an accident that occurs when a cyclist swerves to avoid them
- Colliding with a stationary object or losing control due to hazards on a road or trail
- Injuries sustained in skate parks or cycling courses
- Losing control of a bicycle due to grossly negligent road conditions or construction activity
- Injuries sustained from accidents caused by defective design or manufacturing flaws of bicycles and/or related safety equipment
How can HSH help?
A serious personal injury from a bicycle accident can change the course of a life. The road to recovery is made easier when you’re able to access all the benefits you are due and obtain fair compensation for any harm done to you.
But insurers may dispute the severity of your injuries, attempt to offer you less than you deserve, or unnecessarily delay benefits in hopes of pressuring you to settle quickly. Understanding your rights and knowing that you have a strong advocate in your corner can make all the difference when the fight would not otherwise be fair.
HSH LLP is renowned as a leader in the personal injury field and consistently ranked as one of the country’s top firms in this area of law. We have a reputation among insurers as being well-prepared when we meet to negotiate and of being tireless advocates for our clients. Our meticulous and skillful work is especially apparent when we seek catastrophic injury designations for threshold cases that open up the potential for significantly richer benefits and more substantial long-term compensation. Drawing on our extensive knowledge of the nature of disability, we work to get our clients the best results possible.
With decades of experience, comprehensive understanding of applicable laws and precedents, and an extensive network of medical and other experts to call upon, we build strong cases designed to persuade defendants to offer fair settlements. And our cases are always trial-ready if they won’t or don’t.
If you or a loved one has sustained serious injuries in a bicycle accident and you have questions about your ability to claim benefits and/or compensation, contact us today for a free, no obligation initial consultation. We will listen to your story with empathy, clearly explain your legal rights and options, and offer to help you in any way we can. Let HSH LLP show you that on your road to recovery, Hope Starts Here.
Cycling accidents related blog posts
Cycling accidents testimonials
- “My cycling accident happened 5 years ago. I was deemed with a catastrophic injury. Adam [Wagman] and his team helped me and my family navigate through the complex legal system. I had full faith that Adam and his team had a good handle of my case. The positive results of my settlement speaks for itself on the expertise, experience and knowledge that Adam and his team demonstrated through the whole process.” – K.W.
Looking for a bicycle accident lawyer in ontario? Contact us.
When you need a bicycle accident lawyer, trust Howie, Sacks & Henry LLP.