Ontario’s streets welcome thousands of cyclists each year. But despite a growing cycling community, accidents involving motor vehicles remain a serious concern. If you’re a cyclist struck by a vehicle, it’s important to understand what legal protections and compensation you’re entitled to.
Understanding Ontario’s No-Fault Insurance: Coverage Regardless of Blame
Cyclists benefit from Ontario’s no-fault insurance system, which provides coverage through Accident Benefits (ABs) even if the cyclist was not insured personally. Whether or not you caused the accident, you’re eligible to claim these benefits, which are typically paid by the driver’s insurance provider.
What Expenses Can Be Covered by Accident Benefits?
Injured cyclists can receive compensation for a range of losses, including:
- Medical Care & Rehabilitation: Coverage for hospital visits, medications, physical therapy, mobility aids, and necessary treatments
- Income Replacement: Financial support if your injuries prevent you from working
- Attendant Care Services: Assistance for personal care activities like bathing or dressing
- Additional Support: Funding for home renovations, travel to medical appointments, or funeral costs in fatal cases
Filing a Lawsuit Against the Driver: Going Beyond Standard Benefits
Aside from no-fault benefits, you can also file a personal injury lawsuit against the driver responsible. This legal action can help recover damages such as:
- Pain and suffering
- Future care and medical expenses
- Lost income beyond the basic benefits
- Other out-of-pocket losses not covered under ABs
Proving Liability: How Ontario Law Protects Cyclists
Ontario’s “reverse onus” rule places the burden of proof on the driver to demonstrate they weren’t at fault when a cyclist is hit. While this offers cyclists extra protection, collecting supporting evidence remains crucial. Be sure to gather:
- Police reports
- Witness contact information
- Photos or video footage of the scene
- Detailed medical documentation
Watch Out for “Dooring” Incidents
One specific danger cyclists face is being hit by a suddenly opened car door—commonly called “dooring.” These incidents can cause serious injury, and cyclists can still claim ABs and potentially sue the person who opened the door.
What to Do After a Bicycle Accident
- Get medical attention immediately
- File a police report to ensure official documentation
- Exchange contact and insurance information with all parties involved
- Document everything: photos of the scene, damaged bike, and visible injuries
- Consult a cycling accident lawyer to protect your legal rights
If you’re involved in a bike crash with a vehicle in Ontario, being informed and proactive can make all the difference in your recovery and financial support.