Bicycling is a fabulous recreational activity and is increasingly becoming a ‘green’ mode of transportation throughout busy cities. However, like motorists, cyclists are required to follow the rules of the road. Safety is paramount when on a bicycle – especially when in heavy traffic. Unfortunately, injuries can occur even when a cyclist takes all proper precautions. If you have been injured by a vehicle or due to faulty roads when cycling, you may have legal recourse.
Though helmets must be worn by all cyclists under 18 years of age, they should also be worn by cyclists of all ages. Helmets should be properly fitted and fastened at all times. Properly fastened and fitted helmets reduce the risk of permanent injury or death. Devastating head injuries can be prevented or minimized simply by wearing a helmet.
Cyclists should be aware of the traffic around them and should pay attention to the fact that a bicycle may be difficult for a motorist to see. For further safety, cyclists should take steps to ensure that both they and their bicycle are easily visible to motorists. Lights on the bicycle, brightly coloured clothing, and reflectors all help to increase visibility.
Legal Rights of Injured Cyclists
Cyclists injured or killed in a collision with a motor vehicle have a right to sue the motorist if the motorist is at-fault. Families of the injured cyclist may also have the right to sue along with the cyclist.
Cyclists are occasionally injured by unexpected and abnormal roadway issues, including crumbling roadway shoulders. Injured cyclists may be able to claim compensation from the negligent city or municipality in such circumstances.
The safety precautions taken by the cyclist may affect the amount of compensation the injured cyclist will receive. If a cyclist is injured and failed to take safety precautions, he or she may be considered contributorily negligent and partly at fault for his or her own injuries. Contributory negligence will reduce the amount of compensation an injured cyclist would otherwise be entitled to receive.
Have you been injured in a Bicycle Accident?
If you have been injured in a cycling accident contact Murray Ralston Lawyers, we have over 50 years of combined experience advocating for the rights of injured persons.
*** 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.