With the nice weather finally here there are many more cyclists on the road. We find that most accidents occur between bicycles and cars when the operator of the car simply never saw the cyclist.
There are several “rules of the road” that are useful in pursuing bicycle accident claims. The Highway Traffic Act states that when loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. That essentially means that if you were hit by a motor vehicle it will be up to the driver of the vehicle to prove he or she was not negligent.
The Highway Traffic Act also states that no person shall open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle; or leave a door of a motor vehicle on a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.
What if the accident with a motor vehicle is partially the fault of the cyclist? If your actions have contributed to the accident, then you can still pursue a claim against other parties for the percentage that they are to blame for the accident.
What if the accident with a motor vehicle was totally the fault of the cyclist? Even if the accident was entirely your fault, you would still be entitled to significant accident benefits which could include loss of income benefits, medical benefits, rehabilitation benefits and payment for damaged clothing.
If you are a cyclist and have been involved in an accident with a motor vehicle, it is recommended that a consultation be made with a personal injury lawyer. Raphael Barristers has been representing injured cyclists for over 50 years.
