BIKE ACCIDENTS
By Zayouna Law Firm
What are bike accident claims?
Did you know that bikers and pedestrians are not all that different? Wearing only a helmet, bikers are just as prone to getting struck by vehicles. And with minimal protective gear, an accident can be catastrophic.
Opting for a traffic-free, eco-friendly commute by riding a bike, and cycling only on designated bike lanes should not be deadly.
Why You Need to a Bike Accident Lawyer
In many jurisdictions, bikers are considered pedestrians. This means, if you are struck by a vehicle while biking, there is a presumption that the driver is at-fault. While this sounds optimistic, trends in biking accidents across Ontario show just how vulnerable cyclists are.
Causes of Bike Accidents
As with many road accidents, bike crashes are caused by drivers who fail to obey traffic laws.
The most common culprits are drunk and distracted driving, speeding through crosswalks, and making untimely turns at intersections, combined with other road hazards like weather conditions and poor lighting.
While designated bike lanes are becoming more common, especially in high-traffic urban areas, many drivers neglect to respect these zones.
Compensation for Bike Accidents
Causes of biking accidents indicate that cycling deaths are preventable — if only all road users obeyed traffic laws. This makes bike accident claims and lawsuits even more imperative in seeking accountability from negligent drivers, and easing your pain and suffering.
A bike accident lawyer allows you to seek damages from a negligent or reckless driver. In the face of a devastating crash, you and your loved ones deserve to find a path towards recovery. A successful claim compensates you for the financial and emotional impact of your accident, including:
- Medical bills and rehabilitation treatments
- Lost wages and future earnings
- Attendant care
- Housekeeping and home maintenance
- Home accessibility modifications, and other long-term expenses.
Types of Bike Accident Claims
Claiming Accident Benefits
As a bike accident victim, you are entitled to accident benefits from an at-fault driver’s auto insurance policy. Accident benefits are a standard component of auto insurance — one that Ontario drivers are legally required to carry.
If you happen to be a driver with auto insurance, you are eligible for accident benefits through your own policy. Accident benefits are available to any injured party, regardless of fault. Claiming them is not always an easy and successful process. That’s where our bike accident lawyers can help.
Accident benefits cover medical and rehabilitation costs, attendant care, and income replacement, with increased coverage for catastrophic injuries, such as paralysis or traumatic brain injury. Many insurance companies are known to minimize, dispute, or delay otherwise valid claims, causing more pain and suffering.
Tort Claim
If you were denied accident benefits or the right amount, you can file a tort claim against the at-fault driver.
A bike accident tort claim allows you to seek the full extent of damages you are entitled to under the law. In devastating accidents, a successful case can ease the critical, long-term physical, emotional, and financial effects of a crash, and help pave the path towards recovery. Get the full compensation you deserve for the harms you suffered, including healthcare costs and lost earnings.
Frequently Asked Questions About Bike Accident Claims
How long do I have to notify the at-fault driver’s insurance company or my insurance provider?
You only have 7 days to notify the insurance provider of a bike accident and begin your application for accident benefits. Failure to do so can result in delays or issues with your claim, further impacting catastrophic outcomes.
When should I speak with a personal injury lawyer about my bike accident claim?
It is in your best interest to speak with a personal injury lawyer right away. You only have a limited period to explore your legal options: 120 days from the bike accident to notify the at-fault driver of your intent to file a lawsuit and two years to commence it. Speaking with a personal injury lawyer as soon as possible allows you to protect your ability to seek compensation for your losses.
I cannot return to work after my bike accident. What type of accident benefits can I claim?
Insurance accident benefits include compensation for lost wages, typically at 70% of the lost gross income or up to $400 per week if you can no longer return to your occupation.
Note that you must have been employed at the time of the accident, were receiving Employment Insurance, or were employed for 26 out of the 52 weeks prior to the accident. Compensation for lost wages is typically available for up to two years after the accident, which can be extended for life if you cannot resume working in any profession, not just your prior employment.
If you were not a wage earner, you could still qualify for a benefit of $185 per week. These amounts can increase if you have higher insurance coverage.
However, insurance accident benefits compensate you for only a fraction of your losses. A bike accident personal injury claim allows you to seek the full extent of damages you suffered, including lost income, future healthcare expenses, and pain and suffering.