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Toronto Bicycle Accident Lawyers
Verkhovets Law, Toronto bicycle accident lawyers understand that riding a bicycle can be a wonderful way to spend a sunny day. Or a great method to commute to work, keeping the environment in mind. But there’s a dark side to cycling, especially in busy cities – it can be dangerous for the rider. One minute you’re pedaling along; the next you’re doored and sent flying. A weaving truck drifts into your lane, crushing you under his tire. Or a motorist turns into your path as if you’re invisible, the leading cause of bicycle accidents.
Our Toronto bicycle accident lawyers know the terrible numbers. According to the 2020 Ontario Road Safety Annual Report, 1,464 cyclists were injured – 21 were fatalities.
By mid-2020 in the Greater Toronto Area, seven ghost bikes (rider memorials) were installed at the site of bicycle fatalities – and four deaths happened in Toronto alone from bicycle accidents, according to a Toronto Police cyclists public safety report.
In Canada, on average, there are 74 fatalities a year from bicycle accidents, and our cities saw no reduction in deaths in 2020 despite fewer vehicles on the road.
Cyclists are vulnerable and not just on the road. Get legal protection with Verkhovets Law, Toronto bicycle accident lawyers. Call or email today.
Get legal protection
with Verkhovets Law,
Toronto bicycle accident lawyers
with Verkhovets Law,
Toronto bicycle accident lawyers
Get legal protection with Verkhovets Law, Toronto bicycle accident lawyers
Why bring our Toronto bicycle accident
lawyers onto your claim
Why bring our Toronto bicycle accident lawyers onto your claim
The Toronto bicycle accident lawyers at Verkhovets Law have seen cycling explode in popularity in recent years. Bicycle lanes are popping up all over the place while it feels like bike shares are on every corner. In Toronto, it’s the “if you build it, they will come” effect – a Ryerson study reports more protected bike lanes means people are 2.26 times more likely to use them. Unfortunately, more cyclists mean greater accident potential; sadly, the cyclist will lose in a collision with a vehicle.
Do all these road warriors know what to do if they’re injured? Our Toronto bicycle accident lawyers do and have the experience with these cases to say while cyclists don’t need a license or insurance to ride, that doesn’t mean you can’t be compensated if you are injured. We understand how the system works: under Ontario law, a cyclist can both claim mandatory insurance benefits and sue the at-fault driver.
Verkhovets Law, Toronto bicycle accident lawyers explain if you have motor vehicle insurance, then you can collect mandatory no-fault Statutory Accident Benefits under the Statutory Accident Benefits Schedule (the SABS) through your plan. If you’re uninsured, you may be entitled to claim the benefits from a family member’s policy or the involved driver’s – and we can help you collect even if you’re partially at fault. SABS is a regulation under the Insurance Act. There is another claim that can be advanced under the Insurance Act, tort claim. Tort claim is a claim against at-fault party, and the compensation is adjusted according to your degree of liability.
Beware there are tight timelines: you must notify the insurer within seven days of the accident and return the claim forms within 30 days. However, even if you believe you missed the time, please contact us as our experienced Toronto bicycle accident lawyers may still be able to help you.
The Toronto bicycle accident lawyers at Verkhovets Law note that if you don’t have insurance, nor does the negligent motorist, or it was a hit and run, you can apply to the Motor Vehicle Accident Claims Fund (the MVACF) where you are entitled to the same compensation as that from the SABS if you qualify.
Our Toronto bicycle accident lawyers point out that bicycles are treated like pedestrians for the purposes of a fault-based lawsuit (tort claim) and the same rules apply when seeking compensation for damages. Just like in a pedestrian accident matter, The Highway Traffic Act imposes a reverse onus which means it’s assumed the driver is negligent unless they can prove they’re not at fault.
Verkhovets Law, Toronto bicycle accident lawyers, realize there are some bicycle accident victims who think they can’t sue because they weren’t wearing a helmet. That doesn’t bar you from suing, but it does relate to contributory negligence. While it’s the law for those under 18 to wear a bicycle helmet, it’s a good idea for all riders to wear one, too.
It’s important to act quickly. Contact our Toronto
bicycle accident lawyers and we’ll ensure you meet all
time limitations and deadlines.
bicycle accident lawyers and we’ll ensure you meet all
time limitations and deadlines.
It’s important to act quickly. Contact our Toronto bicycle accident lawyers and we’ll ensure you meet all time limitations and deadlines.
Toronto bicycle accident lawyers describe
types of bicycle injuries
Toronto bicycle accident lawyers describe types of bicycle injuries
The Toronto bicycle accident lawyers at Verkhovets Law know that bicycle accidents often lead to serious if not catastrophic impairments, with most of the victims being children and commuters. And the prospect for more bicycle accident injuries is rising – the 2019 City of Toronto Cycling Study reported that 44 per cent of the population identified as utilitarian cyclists – they cycle to work, school, shopping, visiting – compared to 29 per cent in 2009.
Verkhovets Law, Toronto bicycle accident lawyers, note not all bicycle accident injuries can be seen – many victims are left with debilitating psychological injuries, including anxiety, depression, mood swings, and PTSD.
The Toronto bicycle accident lawyers at Verkhovets Law also have encountered cases where the bicycle accident victims were impaled by their handlebars, causing severe injuries.
Our Toronto bicycle accident lawyers have seen common injuries arise from bicycle
accidents including:
accidents including:
- Abrasions
- Bowel contusions
- Brain injury
- Clavicle fracture
- Concussion
- Contusions
- Dental fractures
- Eye injuries
- Facial fractures
- Femur fracture
- Fibular fracture
- Road rash
- Rotator cuff tear
- Ruptured spleen
- Skull fracture
- Soft tissue injuries
- Forearm Fracture
- Fibular fracture
- Hernia
- Herniated discs
- Hip fracture
- Knee injuries
- Pancreatic trauma
- Paralyses
- Pelvic fracture
- Renal contusions
- Rib fracture
- Spinal cord injuries
- Strains
- Tibia fracture
- Wrist fracture
- Wrongful death
Verkhovets Law, Toronto bicycle accident lawyers, point out if you have any symptoms,
even something you think is small, see your doctor and create a record because you never
know what injury or ailment may develop later as a result of your bicycle accident.
even something you think is small, see your doctor and create a record because you never
know what injury or ailment may develop later as a result of your bicycle accident.
Our Toronto bicycle accident lawyers, explain
bicycle accident legal terms
Our Toronto bicycle accident lawyers, explain bicycle accident legal terms
Dooring – Verkhovets Law, Toronto bicycle accident lawyers, note that dooring is common in urban settings like Toronto. Put simply, dooring is when a person opens the door of their motor vehicle (the driver or a passenger) into the path of a cyclist, and the cyclist crashes into the door. It’s important to report the incident to police, who may lay a charge, which if there’s a conviction, could assist in establishing liability for a personal injury lawsuit.
Loss of competitive advantage – Our Toronto bicycle accident lawyers define loss of competitive advantage as when the injured victim can no longer compete in the work environment with able-bodied workers who have comparable skills. It is part of an income loss claim for damage awards in a lawsuit. The case St. Prix-Alexander v. Home Depot of Canada Inc. increased the usual award for such damages.
Non Pecuniary Damages – The Toronto bicycle accident lawyers at Verkhovets Law define non-pecuniary damages as a type of compensatory damage in a civil lawsuit. Unlike pecuniary damages, which are economic, non-pecuniary damages are not economic but still affect a person’s lifestyle and enjoyment of life. Because there isn’t an actual dollar amount attached, they are subjective and can be a thorny issue.
Our Toronto bicycle accident lawyers outline
causes of bicycle accidents
Our Toronto bicycle accident lawyers outline causes of bicycle accidents
Verkhovets Law, Toronto bicycle accident lawyers say that no matter how safely you ride your bicycle, every time you hit the road, you take the risk of getting injured in an accident. Even though riders have the rights on the road, it’s not classified information that the cyclist is exposed. Then you mix in the increasing numbers of bicycles sharing the road, and it’s a recipe for encountering the many factors that result in these accidents.
Our Toronto bicycle accident lawyers note it’s important to know the cause of the accident for your lawsuit. Even though the driver is assumed liable until proven otherwise, it supports your position if you can point to the reason the accident happened if it wasn’t your fault.
The Toronto bicycle accident lawyers at Verkhovets Law know that fatalities can happen on a bicycle. According to a StatsCan report, from 2006 to 2017, 32 per cent of cycling fatalities were caused by not following road safety rules, on the part of the cyclist, motorist or both.
Verkhovets Law, Toronto bicycle accident lawyers, have
seen many reasons for bicycle accidents:
seen many reasons for bicycle accidents:
- Distracted driving
- Dog ran in front
- Failing to leave a buffer
- Speeding
- Weaving through traffic
- Unsafe lane change
- Turning without looking
- Running a red light or stop sign
- Rider wearing headphones
- Road defect
- Dooring
- Potholes
- Streetcar tracks
- Gravel
- Construction debris
- Failure to yield
- Impaired driving
- Driver fatigue
- Change of direction
- Cyclist wearing dark clothing at dusk
- No lights on bike at dusk: most
accidents happen from 4 p.m. to 8 p.m. - Riding against traffic
- Streetcar tracks
- Gravel
- Construction debris
Our Toronto bicycle accident lawyers
also handle these types of claims:
Our Toronto bicycle accident lawyers also handle these types of claims:
And our Toronto bicycle accident
lawyers will help you with these types
of personal injuries:
And our Toronto bicycle accident lawyers will help you with these types of personal injuries:
Concussions
Internal injuries
Soft tissue injuries
Whiplash
While you focus on healing,
we’ll take care of the rest
we’ll take care of the rest
While you focus on healing,we’ll take care of the rest
Call or email Verkhovets Law,
Toronto bicycle accident lawyers
Toronto bicycle accident lawyers
Call or email Verkhovets Law, Toronto bicycle accident lawyers
Toronto bicycle accident lawyers review
how to get your compensation
Toronto bicycle accident lawyers review how to get your compensation
Verkhovets Law, Toronto bicycle accident lawyers know that cyclists – due to the sensitive nature of the activity and the poor attitudes of drivers sharing the road – are at high risk of having an accident and experiencing a wide range of injuries. Often, that means money out of your pocket, either directly paying for care or from not being able to work. You may be entitled to compensation for those losses.
The Toronto bicycle accident lawyers at Verkhovets Law note that Ontario’s insurance system is complicated, but there are ways to navigate accident benefits and get compensated. You must submit certain forms within statutorily prescribed timeline. One of the important forms is an Application for Benefits OCF-1. It has to be followed by a disability certificate filled out by a medical practitioner within ten days of your application or Insurer’s request, followed by a treatment plan to receive medical and rehabilitation benefits.
Our Toronto bicycle accident lawyers add common no-fault benefits include:
- Loss of income
- Loss of competitive advantage
- Loss of business opportunity
- Non-pecuniary damages (pain and suffering, loss of enjoyment of life)
- Caregiver costs
- Costs of treatment and counselling
- HousekeepingAny other related out-of-pocket expanses
Verkhovets Law, Toronto bicycle accident lawyers, note if the accident claim is denied the injured cyclist can appeal the denial to the License Appeal Tribunal (the LAT).
Our Toronto bicycle accident lawyers further advise that your family can launch a claim under the Family Law Act against the driver who hit you for compensation for non-pecuniary damages, future income loss, and expenses not paid by accident benefits claim. As well, a wrongful death lawsuit may be available for survivors if there’s a fatality.
Verkhovets Law, Toronto bicycle accident
lawyers, are on your side
Verkhovets Law, Toronto bicycle accident lawyers, are on your side
The Toronto bicycle accident lawyers at Verkhovets Law are in your corner. Even if your bicycle accident didn’t involve a motor vehicle but instead happened due to the bicycle encountering road defects, construction, or other negligence, we will review your case thoroughly and advise you on whether you have grounds to sue the city, construction company, or culpable individual for damages if you are injured. Call or email us now, and we’ll take care of any bumps along the way to securing the compensation you are owed.
