Ontario’s vibrant cycling culture is unfortunately met with the reality of accidents, particularly those involving collisions with cars. If you’ve been hit by a car while cycling, it’s crucial to understand your rights and the available compensation routes.
Accident Benefits: Your Safety Net, Regardless of Fault
One of the most significant protections for cyclists in Ontario is the province’s no-fault auto insurance system. Under this system, injured cyclists are entitled to Accident Benefits (ABs) regardless of who caused the accident. This means that even if you don’t have your own insurance, you can access benefits through the at-fault driver’s insurance company.
Key Accident Benefits for Cyclists
Accident Benefits can cover a wide range of expenses and losses, including:
- Medical and Rehabilitation Expenses: This includes costs for hospitalization, medication, physiotherapy, assistive devices, and other treatments necessary for your recovery.
- Income Replacement: If your injuries prevent you from working, you may be eligible for income replacement benefits.
- Attendant Care: If you require assistance with daily activities due to your injuries, these benefits can cover the cost of hiring a caregiver.
- Other Expenses: ABs may also cover expenses like home modifications, transportation to medical appointments, and even funeral expenses in the worst-case scenario.
Suing the At-Fault Driver: Beyond Accident Benefits
In addition to Accident Benefits, injured cyclists also have the right to sue the at-fault driver for damages. This lawsuit can seek compensation for pain and suffering, lost income beyond what ABs cover, future care costs, and other losses not addressed by the no-fault system.
Proving Fault in Bicycle Accidents
In Ontario, the onus is generally on the driver to prove they were not at fault in a collision with a cyclist. This is known as the “reverse onus” rule and is designed to protect vulnerable road users. However, it’s still essential to gather evidence to support your claim. This may include:
- Police reports
- Witness statements
- Photos or videos of the accident scene
- Medical records
Dooring Accidents: A Unique Risk for Cyclists
“Dooring” occurs when a car door is opened into the path of an oncoming cyclist, often resulting in serious injuries. Even in these cases, the cyclist can make a claim for Accident Benefits and sue the driver or passenger who opened the door for additional damages.
Steps to Take After a Bicycle Accident
- Seek medical attention: Your health is the top priority.
- Report the accident to the police: This creates an official record of the incident.
- Gather information: Collect the names, contact information, and insurance details of the driver and any witnesses.
- Preserve evidence: Take photos of the scene, your injuries, and any damage to your bike.
- Consult a lawyer: A personal injury lawyer specializing in cycling accidents can guide you through the process and protect your rights.