When a car hits a cyclist in a car and bicycle accident, devastating injuries can occur. Fortunately, Ontario recently enacted law requiring motor vehicles to keep a distance of one meter from persons riding bicycles. Clearly, the Ontario government is aware of the potential for serious injury for cyclists sharing the road with motorists.
Have you been injured in a Car and Bicycle Accident?
Because cyclists are not required to have insurance, often cyclists injured in a car and bicycle accident don’t know where to turn for assistance to pay for costs relating to their injuries, including health care costs and income losses. However, if a cyclist is hit by a car, the cyclist may be able to successfully sue the driver of the motor vehicle. This could give them access to monetary compensation from that driver’s insurance. Motor vehicle insurance laws apply to vehicles that hit cyclists. This usually permits cyclists to be able to receive significant compensation for serious injuries.
Generally, where a cyclist is injured in a car and bicycle accident, the cyclist may receive compensation from:
- The insurance of the car involved in the accident;
- The cyclist’s own car insurance (or the car insurance of someone they live with);
- The Ontario Motor Vehicle Accident Claims Fund.
Most motor vehicle claims require that the injured person demonstrate that the other driver was responsible for the injury. However, the onus of proof switches when a bike is involved. This is a great advantage legally for the cyclist. Now the driver of the car must prove that the injuries weren’t caused by his / her own negligence.
Take the next step
If you have or a loved one has suffered injuries from a car hitting the bike while cycling, and if you would like more information regarding your legal rights and possibilities for compensation, contact us for a free consultation.
*** The information above is not intended to be legal advice. Each situation is different and the information provided above may not provide you with all law applicable to your facts. To ensure you are properly protected under the law applicable to your facts, please contact Murray Ralston Law for a free consultation.
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