Bicycle Accident Lawyer in Hamilton, Ontario

Derek Wilson is a Bike Accident Injury Lawyer Who Can Help You Seek Compensation

Those injured in a cycling accident could be entitled to accident benefits, and as an experienced personal injury firm I can help you with your claim under your own insurance plan or the driver’s insurance plan.

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 includes compensation for:

• Home attendant and nursing care benefits;
• Medical and rehabilitation care and 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 accident was not your fault, as a bicycle accident law firm can help you seek compensation for your 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, 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 the accident and I pursue fair compensation for my clients’ damages.

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.

Avoid Filing Your Own Insurance Claims

Filing an insurance claim for injuries is not an easy thing at the best of times, particularly as a 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 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.

Road Rules for Cyclists

People of all ages can ride a bike, and bikes do no 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 law. 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