Cycling is a popular and healthy activity in Ontario, but accidents involving cars are an unfortunate reality. If you’ve been injured in a bicycle collision with a vehicle, knowing your rights and available compensation options is essential.
Accident Benefits: Protection for Cyclists
Ontario operates a no-fault auto insurance system, which provides Accident Benefits (ABs) to injured cyclists regardless of who caused the accident. This system ensures that you can access financial support through the at-fault driver’s insurance, even if you do not have your own coverage.
What Accident Benefits Cover
Accident Benefits can help cover a wide range of expenses related to recovery, including medical and rehabilitation costs such as hospitalization, medication, physiotherapy, and assistive devices. If your injuries prevent you from working, income replacement benefits may also be available. Attendant care benefits cover assistance with daily activities, while other expenses, including transportation to appointments, home modifications, and even funeral expenses, may also be included.
Pursuing Legal Action Against the At-Fault Driver
Beyond Accident Benefits, cyclists have the right to sue the at-fault driver. Such claims can recover compensation for pain and suffering, lost income beyond ABs, future care needs, and other damages not addressed by the no-fault system. Ontario’s “reverse onus” rule generally places the burden on the driver to prove they were not at fault, though collecting evidence such as police reports, witness statements, photos, and medical records is crucial to support your case.
Dooring Accidents
Cyclists are also at risk of “dooring,” when a vehicle door is opened into the path of a cyclist. Victims can claim Accident Benefits and pursue additional compensation from the person who opened the door.
Steps to Take After a Bicycle Accident
Seek medical attention immediately. Report the accident to the police to create an official record. Collect information from the driver and witnesses, including insurance details. Document the scene and your injuries with photos. Finally, consult a personal injury lawyer experienced in bicycle accidents to ensure your rights are fully protected.