Cycling Accidents

Cycling accidents happen far too often and cyclists have every right to be on the road.

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Our lawyers will travel to your home, hospital, or rehabilitation centre throughout eastern Ontario. You don’t pay until you get paid.

Cycling Accidents Often Result in the Most Serious Injuries

Ottawa has a great cycling culture, and despite the city having designated paths and lanes for cyclists, accidents occur far too often. We meet regularly with those who have been struck by a car and have suffered serious injuries. The most common injuries cyclists suffer are typically head injuries and >orthopedic injuries.

Unfortunately, cycling accidents involving cars can also often result in:

We understand how these injuries are life-altering, and our personal injury lawyers are here to help. We’ll help you seek damages from the driver’s insurance company or the liable public or private transit organization. We work with top medical professionals who can diagnose your injury and help us determine the long-term effects and care you’ll need now and for the future. This is essential in securing fair compensation for your losses and understanding your new reality.

Causes of Cycling Accidents

Cycling accidents can occur for various reasons, and understanding these causes is essential for safety, prevention, and legal recourse. Some common causes of cycling accidents include:

  • Distracted drivers: Motorists distracted by their smartphones, in-car entertainment, or other factors may not notice cyclists sharing the road.
  • Failure to yield: Drivers failing to yield the right of way to cyclists at intersections or while merging onto roads can lead to collisions.
  • Dooring accidents: Opening car doors without checking for approaching cyclists can result in severe injuries to riders.
  • Speeders: Excessive speed reduces a driver’s reaction time, making it challenging to avoid cyclists or stop in time.
  • Unsafe road conditions: Potholes, debris, and poorly maintained roads can pose hazards to cyclists.
  • Inadequate cycling infrastructure: A lack of dedicated bike lanes, signs, and cycling-friendly infrastructure can force people on bikes to share the road with vehicles, increasing the risk of accidents.
  • Driver negligence: Running red lights, making inattentive turns, driving under the influence, and other careless actions can lead to devasting cycling accidents and serious injury.

A bike laying on it's side with a helmet next to it and a car in the background

What to Do if You Get into a Cycling Accident

Experiencing a cycling accident can be a traumatic and overwhelming event. Knowing how to respond in the immediate aftermath is crucial for your safety and your potential legal claim. Here are some steps to follow if you find yourself in this unfortunate situation:

  1. Seek medical attention: Your health is always the top priority. Check yourself for injuries and call 911 if you or anyone else is seriously hurt. Even if your injuries seem minor, medical evaluation is still essential as some injuries may not be apparent immediately.
  2. Contact the authorities: Report the accident to the police. Ask for a copy of the accident report, as this can be valuable evidence for your case.
  3. Document the scene: If you can do so safely, take photographs of the accident scene, your injuries, and any damage to your bicycle. Capture the license plate and insurance information of the motorist involved.
  4. Gather witness information: Obtain contact information from any witnesses at the scene. Their statements may be crucial in determining liability.
  5. Keep a log of your experiences: If you’ve sustained injuries, keep a written log of what prevents you from resuming daily life activities. If possible, keep all your medical records to back these up.
  6. Contact a cycling accident lawyer: As soon as you can, reach out to our experienced cycling accident lawyers at David Hollingsworth. We can guide you through the legal process, help you navigate insurance claims, and protect your rights.

Why You Need a Cycling Accident Lawyer

Cycling accidents can be physically, emotionally, and financially devastating. When you’ve been injured while cycling due to someone else’s negligence, having a dedicated lawyer by your side has many benefits, including:

1. Access to Legal Expertise

Cycling accident cases can be complex, involving multiple parties, insurance companies, and intricate laws. A specialized lawyer understands the nuances of these situations and can navigate the legal system on your behalf.

2. Protection of Your Rights 

Cycling accident lawyers safeguard your rights throughout the legal process. They will advocate for you, helping you avoid pitfalls that could harm your case.

3. Gain the Compensation You Deserve

Experienced lawyers know how to assess the full extent of your damages, including medical expenses, lost wages, and property damage. They’ll work to secure the fair amount you’re entitled to.

4. Negotiating with Insurance Companies

Dealing with insurance companies alone can present many challenges. A cycling accident lawyer can negotiate on your behalf to ensure fair treatment.

5. Resource Access

Lawyers have access to a network of professionals, including medical specialists, who can strengthen your case with expert testimony.

6. Peace of Mind

Having a lawyer who understands what you’re going through allows you to focus on your recovery while they handle the legal complexities. It reduces stress during a difficult time.

A bike laying on it's side with a helmet next to it and a car in the background

Cycling Accidents and the Ontario Insurance Act

The Ontario Insurance Act allows cyclists who have been injured in a motor vehicle accident to obtain certain Ontario accident benefits. These can include income loss, medical treatment and rehabilitative care, and funeral and death benefits care. Our lawyers can help you with your Ontario Accident Benefits claim. By filing this claim, you may receive the income replacement, medical treatments, rehabilitation, housekeeping, and attendant care services you need after suffering a severe injury. We can help you secure support and fair compensation.

Proving Liability in a Cycling Accident

With most lawsuits in Ontario, the onus is on the injured person to prove that their injury was caused by the wrongdoing of the party they are suing. However, when a cyclist is struck by a motor vehicle, the opposite is true—the driver must prove that they did nothing wrong. Our lawyers have a tremendous amount of experience when it comes to protecting our clients. We know how to gather and collect facts to ensure that our clients are properly compensated for their injuries following a cycling accident.

We will travel to your home, hospital, or wherever you are most comfortable meeting to discuss your options with you. We can’t change the past, but we can help change your future.

Compensation in Cycling Accident Cases

You may be entitled to different compensation types when pursuing a cycling accident claim. These include:

  • Medical Expenses: This encompasses reimbursement for all medical costs related to your injuries, such as hospital bills, surgeries, prescription medications, rehabilitation, and ongoing treatments.
  • Lost Wages: If your injuries prevent you from working, you can seek compensation for lost wages. This includes future earnings if your injury has a long-term impact on your ability to work.
  • Pain and Suffering: This compensation covers the physical and emotional distress you’ve experienced due to the accident and your injuries. Pain and suffering can include physical discomfort, anxiety and depression, and loss of enjoyment of life.
  • Property Damage: If your bicycle or personal property was damaged in the accident, you may be eligible for compensation to repair or replace them.
  • Rehabilitation and Therapy: Costs associated with physical therapy, occupational therapy, and other forms of rehabilitation can be included in your claim.
  • Home Modifications: If your injuries require modifications to your home for accessibility, these expenses may also be covered.
  • Housekeeping: When your injuries prevent you from performing housekeeping or handyperson tasks, then those may be recovered.

A man with an injured wrist talking with a lawyer

Our Expertise in Cycling Accident Cases

The David Hollingsworth team is firmly committed to advocating for cyclists’ rights, and our extensive experience in handling these accident cases sets us apart as your trusted legal partner. We understand the unique challenges that you, as a cyclist, face on the road, and we’re dedicated to securing the compensation you deserve. We have:

  • Knowledge and experience: Our legal team has lawyers experienced in cycling accident claims. We have a deep understanding of the laws, regulations, and nuances in Ontario specific to these situations, allowing us to craft effective strategies for your case.
  • Proven track records: With a history of successfully representing cyclists in a wide range of accident scenarios, we have secured substantial compensation for our clients. Our results speak to our dedication to achieving the best possible outcomes.
  • Comprehensive investigations: We leave no stone unturned when investigating your case. From collecting crucial evidence, including accident reports, witness statements, and medical records, to consulting with accident reconstruction experts, we can build a strong foundation for your claim.
  • Client-centered approaches: We understand the physical, emotional, and financial toll a cycling accident can take. That’s why we provide compassionate support throughout the legal process, keeping you informed and involved every step of the way.

a lawyer discussing a case with a client

Why Choose David Hollingsworth?

Aside from the expertise outlined above, the David Hollingsworth team also offers:

  • Personalized legal strategies: Every person and accident is different. That’s why we’ll take the time to understand who you are and develop the best method to secure fair compensation.
  • Transparent communication: We keep you in the loop every step of the way and are here to answer any questions or concerns you have in the process.
  • You don’t pay until you get paid: We operate on a contingency-fee basis—we don’t receive payment until we’ve secured compensation on your behalf. This way, working with a personal injury lawyer is more accessible for all.

If you’ve been in a cycling accident, reach out to us today. We’re here for you. We care.

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Cycling Safety Tips

Keep in mind the following tips to maximize your safety:

  • Wear protective gear
  • Keep your bike maintained
  • Obey traffic rules and right-of-ways
  • Stay visible by using lights, reflectors, and brightly-coloured clothing
  • Stay aware at all times

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Frequently Asked Questions

When a vehicle hits and injures a cyclist, the cyclist can sue the driver and owner of the vehicle for compensation.

No. Cyclists are not required to be licensed or have insurance in Ontario. If a cyclist is injured in a motor vehicle accident, a claim can be made under Ontario’s Motor Vehicle Accident Claim Fund when no other driver’s insurance is available.

Most traffic laws require cyclists to ride in bike lanes or to the right of traffic. Drivers and passengers are required to check for bicycle traffic before opening a door. Therefore, the door opener is usually liable if a cyclist gets doored.

After a cycling accident, prioritize your safety and well-being. Move to a safe area if possible and seek immediate medical attention. Contact the police to report the accident and, if you’re able, obtain the accident report, collect evidence with photographs, and write down witness contact information. Once you’ve taken these initial steps, consult with our team to ensure your rights are protected and to navigate the legal process with ease.

In most situations, securing a fair settlement happens through negotiation or alternative dispute resolution. However, some claims can proceed to trial if no mutually agreeable resolution is reached. Factors influencing trial likelihood include the severity of your injuries, liability disputes, and the willingness of the opposing party to offer a reasonable settlement. Rest assured, we’re committed to pursuing the best outcome for you. Whether through settlement or litigation, we will provide expert guidance throughout the process to help you make informed decisions regarding your case.

Yes. Working with a dedicated cycling accident lawyer has many benefits. These cases can be legally complex, and an experienced team like ours at David Hollingsworth understands the nuances involved. We’ll protect your rights, handle communication with insurance companies, and ensure you receive fair compensation. We have years of experience gathering evidence, negotiating settlements, and, if necessary, representing you in court. Without legal representation, you risk navigating this challenging process alone, potentially settling for less than you deserve. With a cycling accident lawyer, you have a dedicated advocate who can make the most of your claim, allowing you to focus on your recovery and well-being.

We offer a contingency fee arrangement. This means you won’t have upfront costs or out-of-pocket expenses. Instead, we’re paid once we’ve helped you secure compensation — often a percentage of the settlement or court-awarded damages. This fee structure ensures that our legal expertise and representation are accessible to everyone, regardless of financial circumstances. We also offer free initial consultations to discuss the specifics of your case and fee arrangements.

You can still pursue a cycling accident claim, even if you were partially at fault. Keep in mind that recoverable damages may be reduced by the percentage of fault attributed to you.

Crucial pieces of evidence in cycling accident claims include:

  • Accident reports filed by law enforcement
  • Witness statements from those who saw the accident occur
  • Photographs of the scene, including those showing injuries, property damage, and road conditions
  • Medical records that document your injuries, treatments, and medical expenses
  • Expert opinions or testimonies from accident reconstruction experts or medical specialists
Our team can help you gather this evidence and ensure you have everything you need to build a strong case.

The time it takes to resolve a cycling accident claim varies widely based on several factors, including the complexity of your case, the extent of your injuries, and the cooperation of the involved parties. The negotiation process with insurance companies can also influence the timeline.

We are lawyers who understand, who care, who are here to help… and our track record proves it.
We can’t change the past but we can help change your future.