Bicycle Accident Lawyer Hamilton

Derek Wilson is a Bicycle Accident Lawyer Hamilton Who Can Help You Seek Compensation

Those injured in a bicycle accident could be entitled to accident benefits and medical and rehabilitation benefits. As an experienced accident lawyer Hamilton, I can help you with your claim under your own insurance plan or the driver’s insurance plan.

Note that accident benefits are meant to provide an immediate source of relief and recovery available for those involved in any type of motor vehicle accident regardless of fault and include compensation for:

• Home attendant and nursing care benefits;
• Medical care and rehabilitation services, including physical therapy and other types of therapy, equipment, and vocational training
• Home accessibility modifications and vehicle modifications;
• Income replacement benefits (IRB) if you are unable to work;
• Non-earner benefits;
• Housekeeping, home maintenance, and caregiver expenses if you sustained catastrophic injuries or you have purchased this coverage;
• Funeral and death benefits.

If your bicycle accident was not the cyclist’s fault, a bicycle accident law firm can help injured cyclists seek compensation for their medical expenses and financial losses from at-fault parties, including:

• Medical and rehabilitation expenses not covered by your own insurance;
• Financial losses such as lost income and benefits, lost earning capacity, and loss of opportunity;
• Pain and suffering, and loss of enjoyment of life; and
• Compensation for family members affected by your injuries.

My priority is to ensure that you get the proper medical treatment necessary to recover after traumatic brain injuries from a bicycle accident, and I pursue fair compensation for my clients’ damages. Whenever you need a Hamilton bicycle accident injury lawyer you can trust, don’t hesitate to contact us.

Remember, motor vehicle-bike accidents can cause serious injuries. These include head trauma or brain injuries, spinal cord injuries, broken bones, and more. In some cases, head injuries, such as brain injuries and spine injuries from bike crashes, can lead to permanent disability.

Proper medical treatment for these injuries, especially traumatic brain injuries, can be costly. Unfortunately, your insurance company will try to get your claim denied or reduced. That’s why motor vehicle accident and bicycle accident victims must consult experienced personal injury lawyers to calculate their accident benefits and ensure proper compensation. If your injuries result in a long-term inability to work, a disability lawyer Hamilton professional can help ensure your rights to benefits are protected.

What if I’m Responsible for the Bike Accident?

According to the Ontario personal injury law, you can still get compensation even if you are partially to blame for the motor vehicle-bike accident that caused serious injuries. Our Hamilton bicycle accident lawyer can determine whether you can use ‘no-fault’ insurance coverage even when you are the one who caused the bike accident.

Regarding a potential lawsuit against the at-fault party, Ontario Province often addresses contributory by assessing and assigning fault percentages to each party responsible for the bicycle accident. That means your compensation may be reduced based on the fault percentage assigned to you. For instance, if you’re found to be 20% responsible for your bicycle crash, your compensation may be reduced by 20%.

In this case, our experienced Hamilton bicycle accident lawyer can assess the details of your motor vehicle-bike accident, ensure you are assigned the lowest possible percentage of fault (if you are partially to blame), and help in recovering compensation. Remember, all our Hamilton bicycle accident lawyers and other personal injury lawyers have a wealth of knowledge and decades of experience. Schedule a free consultation if you need our help.

Information to Obtain After a Bicycle Accident

Many cyclists in accidents don’t end up getting the information they need to either file an insurance claim or a lawsuit. So first off, if there are any injuries (even minor ones), call the police. You are more likely to get all the necessary information about the driver of the vehicle if the police attend.

For minor collisions, the police may instruct you to report to a collision reporting centre (CRC), rather than attending the scene themselves. This makes it even more important to record all the necessary information.

Get the Necessary Accident Information from the driver:

1. Full name and driver’s license number.
2. Telephone number for the driver.
3. Driver’s insurance company and policy number – if you don’t have car insurance of your own, any injury claims for accident benefits might be filed under the driver’s policy.
4. Witness information. This one is particularly important. If someone saw what happened, get their name and phone number in the event that follow-up interviews will be needed with police or your bike accident lawyer.

If you have a phone, photograph the documents and the scene and jot down any details that you might forget. If you have been involved in a hit and run, and the driver is leaving the scene, get their license plate number.

Securing Evidence After a Bike Crash

Preserving evidence is crucial for a successful bicycle accident claim. This includes getting contact/insurance details from the driver, witness statements, photographs/videos of the scene and injuries, and a police report. We recommend seeking medical attention immediately, even for seemingly minor injuries which could have delayed symptoms. Prompt documentation strengthens your case substantially.

Avoid Filing Your Own Insurance Claims

Filing an insurance claim for injuries is not an easy thing at the best of times, particularly as an injured cyclist. Under Ontario’s no-fault insurance system, if you have car insurance, you will claim first under that. If you don’t, you can claim under the insurance policy of the driver who hit you.

It gets more complicated if you have no car insurance and the motor vehicle driver doesn’t remain at the scene and is not discovered later. A hit and run or a collision where there is no available insurance means you may have recourse for injury claims to the Motor Vehicle Accident Fund (MVACF), but there is a cap on these claims. As such, the more information you have about the accident and the driver of the vehicle, the better.

All injured bicyclists and victims of any motor vehicle accident should understand that there’s a time limit for filing an injury claim in Ontario. If you file your claim too late or against the wrong insurer, you will be unable to pursue your accident benefits successfully. Therefore, it’s in your best interest to work with an experienced personal injury lawyer to file your claim for accident benefits within the right timeframe – which is two years.

At my law firm, a team of reliable bike accident lawyers will work tirelessly to evaluate your case details. The lawyers will also gather all necessary pieces of evidence to support your accident benefits claim and negotiate fair compensation with the right insurer.

If a fair settlement is reached, our Hamilton bicycle accident lawyer will take your case to court and fight for your right to fair compensation. Schedule a free consultation and learn more about how we can help.

Road Rules for Cyclists

People of all ages can ride a bike, and bikes do not require a driver’s license or insurance to operate them. However, as a cyclist you do need to be aware of some of the cycling laws. For instance, you must share the road with others (e.g., cars, buses, trucks, motorcycles, etc.). Under Ontario’s Highway Traffic Act (HTA), a bicycle is a vehicle, just like a car or truck and cyclists must obey all traffic laws and you have the same rights and responsibilities as drivers.

Helmets

Helmets can greatly reduce the risk of permanent injury or death if you fall or collide. By law:

• Every cyclist under the age of 18 must wear an approved safety helmet;
• Riders under the age of 16, a parent or guardian must make sure their child wears a helmet;
• Adults over 18 years of age, helmets are not compulsory