Thousands of Ottawa residents ride their bicycles around the Capital city every day. Unfortunately, many cyclists get hurt in serious accidents due to reckless or careless motor vehicle drivers sharing the road with them.
If you have recently suffered severe injuries while riding your bike because of a motorist’s negligence, an Ottawa bicycle accident lawyer can help you obtain fair compensation for your losses. In addition to helping you maximize the recovery of your income and other economic losses, an experienced personal injury lawyer at our firm can also help you seek compensation for pain and suffering damages. The nature and extent of the compensation to which you may be entitled will of course depend upon the circumstances.
A significant number of biking accidents in our area can be attributed to distracted driving. A motor vehicle operator who engages in the following types of behaviour can be held civilly liable in the event of an otherwise preventable bicycle collision:
The insurance company of an at-fault driver often alleges “contributory negligence” – in other words, negligence on the part of the cyclist – to avoid financial liability. For example, an insurer may accuse an injured cyclist of failing to hand-signal a turn, disobeying traffic signals, or violating other applicable rules of the road. If an injured bike rider is found partially at fault for causing the accident, they may see their final damage award proportionately reduced to reflect their own percentage of fault.
Furthermore, bicyclists who are found primarily at fault for a collision may be disqualified from recovering any compensation whatsoever. A local lawyer can explain these potential obstacles to or limitations on financial recovery and can work on an injured bicyclist’s behalf in an effort to navigate around them.
If liability is not an insurmountable issue, the victim of a bike crash may recover accident-related medical expenses, both past and future, as well as physical therapy treatments, specialist appointments, prescription medication costs, and attendant care costs.
However, to recover pain and suffering damages after a biking accident caused by a negligent motorist, a bicyclist must generally prove that their injury meets the severity test established by the insurance laws of Ontario. In other words, compensation for pain and suffering, emotional distress, and other kinds of losses are typically only recoverable by bicycle riders who suffer permanent and serious disability or disfigurement as the result of an accident. There are also substantial “deductibles” that may be applicable in non-fatal bicycle accident cases.
Obtaining compensation following bicycle collisions can be tricky, as they are generally treated as car accident cases where at least one motor vehicle is involved. However, with qualified legal counsel by your side, you will significantly increase your chances of getting the compensation you deserve after a severe cycling injury.
Your priority after seeking appropriate medical care should be contacting an Ottawa bicycle accident lawyer. Call our legal team today to discuss your options for recovery.
Nicholson Gluckstein Lawyers