Bicycle accidents are unfortunately not rare. They tend to occur because of negligence on the part of a driver. That said, all bicyclists are held to the same rules and the same standards of duty of care that motorists are.
Therefore, bicyclists must follow the same rules that motorists do when filing a claim or a case for a personal injury accident. This means that they have to file a claim with their insurance companies first if they want to receive statutory accident benefits.
It depends on how severe the injuries are, but bicyclists can also file a personal injury claim or case directly against the motorist. They have to consider two things first though:
● Will the amount of their claim for pain and suffering exceed the cap for Ontario’s statutory deductible?
● Did the bicyclist sustain any injuries or disabilities because of the accident?
A Case Study: St Marthe vs. O’Connor
The Ontario Supreme Court recently made a decision on this case. The decision serves as a perfect example to explain how practical legal principles apply to bicyclists. The person filing the case was a bicyclist who was involved in a personal injury accident in 2011 in Toronto.
The plaintiff was bicycling to work during the early morning hours when he was struck by a motorist. The bicyclist was not wearing a helmet when he fell off of his bike, but he did outstretch his arms to try to break his fall.
The plaintiff called his employer who picked him up from the accident scene. It was three years later when the plaintiff found himself disabled to the point where he was no longer able to work because of back pain.The plaintiff sued the defendant in July of 2015. The case was tried in 2018 and the jury dismissed the case. The judge did however award the plaintiff damages.
Fortunately, his case was upheld because the judge decided that the statute of limitations had not run out when the plaintiff filed his case.The judge also agreed that the statements from the plaintiff and medical experts backed up the plaintiff’s initial claim that he had sustained substantial injuries that prevented him from doing his job. He now required vocational training to do a desk job.
The plaintiff got a sizeable settlement. This example was illustrated to show you that while personal injury law is complex, you can win your case if you hire a good personal injury lawyer in Spruce Grove.