Cycling accidents involving a motor vehicle can have immediate and long-term effect on quality of life. Cyclists involved in an accident suffering a personal injury may be entitled to a number of claims, including:
- Damages for pain and suffering
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Medical and rehabilitation benefits
- Attendant care benefits
- Funeral and death benefits
- Housekeeping and home maintenance benefits.
The steps for filing an injury claim are varied and depend on the type of accident and/or where it occurred. While injured cyclists have two years from the date of the accident to file a claim in court, the Insurance Act states that the at-fault party should be notified within 120 days after the accident. However, if notice is not provided in this timeframe, it does not jeopardize an injured person’s right to proceed with an action against the at-fault party. It may, however, be taken into account by a trial judge with respect to interest and costs. Otherwise there is a two-year period from the date of the accident within which to commence an action against the at-fault motorist. Regardless if the name of the at-fault driver is known or if there is insurance coverage, hiring a lawyer ensures the needs of the injured person and the requirements of a claim are met.
See our Cycling Accidents Frequently Asked Questions to find out more about rights and options. The lawyers at Brown Beattie O’Donovan LLP will not ask for fees or a retainer until the action is resolved.
Other Information for Cyclists
Whether riding a road bike, mountain bike, a tandem or trike, follow the rules of the road; practice safe cycling; and ALWAYS wear a CSA-approved cycling helmet. Below are links to cycling safety websites, including information from the City of London on bike lanes, which continue to be integrated into London streets.
Citizens for Safe Cycling
MTO Cycling Skills, Ontario’s Guide to Safe Cycling
MTO Young Cyclist Guide
City Map of Bike Paths
Also, we’ve assembled information on local cycling clubs and associations. The local clubs are a great way to learn to ride safely in groups, as well as to learn cycling etiquette.
Please contact Jennifer Chapman, with any questions or concerns you may have.