Injury Lawyers Since 1984
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Call Us 1-844-837-6583
We have successfully taken cases involving struck cyclists to trial, and won, and settled many similar claims on behalf of numerous cyclists. From a legal perspective, there are several typical claims that arise when a cyclist is involved in an accident.
There is perhaps no greater feeling of freedom than when a person learns to ride a bike. Cycling is a remarkable activity that is low impact, supports a healthy lifestyle, is good for the environment and reduces traffic. However, our cities are designed around the automobile, and the cyclist is a very vulnerable person when sharing the road with cars and trucks. The Canadian Institute for Health Information reports that for 2009 – 2010, cycling injuries were the most common cause of injury of summer sports and recreational activities, and accounted for 1/2 of all hospital admissions in that category. Boland Romaine has successfully advanced claims on behalf of cyclists in relation to product failure, as featured in Mark’s Story, and collisions with vehicles, as featured in Jerry’s Story, which resulted in a damage award in excess of $3.5 Million: Pelletier v. O.P.P. http://canlii.ca/t/g1s10
Mark’s incident resulted in a damage award in excess of $3.5 Million.
We are very concerned about children involved in bicycle accidents. Between 2001-2002 and 2009-2010, hospital admissions for cycling injuries were most common among children and youth younger than 20, with 10 – 14 year-old boys hospitalized the most frequently. Since 2009, Boland Romaine has funded and run the York Region chapter of the Ontario Trial Lawyer’s Helmets on Kids program. We have paid for and distributed thousands of helmets to elementary school children.
We’d like to help with your recovery and future.
When They Fight, We Fight Harder
Most commonly, a cyclist and a motorist collide and the cyclist commences a lawsuit against the driver and owner of the vehicle. As with any lawsuit against a motorist, the injured person must prove that the driver was negligent, the cause of the cyclist’s injuries, and the economic impact of those injuries to the cyclist.
Proving fault is sometimes simple and sometimes not. In a case our lawyers took to a trial involving a cyclist, Pelletier v. Her Majesty the Queen, 2013 ONSC 6898, liability was most certainly complicated and an example of the types of issues that can arise. On his way to a nighttime call, an O.P.P. officer made a right hand turn striking a cyclist who was biking across a y-intersection on a green light. The cyclist did not have a light on his bike; he was on the wrong side of the road; and, he was either inside or beyond the cross-walk, depending on whether you believed the police officer or the cyclist, and he was not wearing a helmet. The trial lasted several weeks. We presented evidence from an engineer and cross-examined five police officers and the O.P.P.’s reconstruction engineer on a range of topics that were in issue: road geometry, historical lane markings, traffic signal timing, nighttime visibility and its measurement, nighttime photography, historical ambient lighting, headlight levels, reflectivity, and human factors associated with cycling and driving, such as the average acceleration rate of a cyclist from a stop, the average cornering speed and turn radius of a car, the average braking speed of a vehicle while turning, and the likely point of impact. We spent over two hundred and fifty thousand dollars developing the evidence. The court found the O.P.P. officer sixty percent at fault for the collision and Mr. Pelletier was awarded over $3 Million Dollars for his injuries. Follow the link above to read the decision of Justice Boswell.
In addition to a lawsuit, a cyclist struck by an automobile also has access to no-fault accident benefits even if the cyclist does not pay for automobile insurance. This is critical information. Too often, cyclists are unaware of their entitlement to accident benefits when they collide with a motor vehicle. Accident benefits provide the injured cyclist with immediate, and sometimes lifelong funding for treatment and lost wages, among other benefits. We describe accident benefits in greater detail in our post on accident benefits. The first step is to determine which insurance company will provide coverage. The Ontario government regulates automobile Insurance. According to the governing regulation, those who have coverage are the named insured, a specified driver, a spouse, a dependent or a dependent’s spouse.
A call to your insurance company or your spouse’s or parent’s insurance company is often all it takes to get the process started. If none of those definitions apply, then the cyclist will receive accident benefits coverage from the company that insured the vehicle that struck the cyclist. That was the case for Mr. Pelletier in the example above. He did not have automobile insurance and was not financially dependent on anyone who had insurance, so the insurance company for the O.P.P. became Mr. Pelletier’s insurer for accident benefits as well.
If neither the cyclist nor the motorist has insurance, then you can apply for accident benefits to Ontario’s Motor Vehicle Accident Claims Fund (MVAF).
This is considered the insurer of last resort, ensuring that everyone who is directly injured by a motor vehicle has access to benefits.
Not every cycling accident involves a collision with a motor vehicle. Sometimes a feature on the land where the accident happened is a cause of the injury, such as a hazard on a mountain bike trail, or a hairpin turn on a bike trail.
In such cases, the plaintiff typically has to overcome technical defences. The initial focus is often on the type of property and the reason for the cyclist being on the property.
Under the Occupiers’ Liability Act, those who occupy land owe a duty to take reasonable steps to keep their property reasonably safe. However, depending on the type of property and the reason the person is on the property, the legislation may also deem that the cyclist had assumed the risk of the activity, in which case the landowner or tenant will only be responsible if they acted with reckless disregard to the presence of people on the property. This is a higher test test. Sight assessments and expert opinions are often required to document the scene, discuss the industry standards, guidelines and customs, and offer opinions on whether the design, maintenance or signage fell below those standards. Sometimes waivers have been signed which require significant scrutiny of both the waiver and the surrounding circumstances.
As an example from one of our cases, in Falkner v. The Corporation of the Town of Wasaga Beach a young boy was cycling across a well travelled footpath connecting the road to a corner store. Just to the side of the footpath, Wasaga Beach had installed a culvert which the tall grass concealed. As the young boy was biking along, his tire fell into the deep culvert, he pitched over his handle bars and struck his face on the cement and required surgery at Sick Kids Hospital. The Town brought a summary judgment motion to dismiss the action on the basis of a section in the Municipal Act that said a Town would not be responsible for that which it built “off the travelled portion of the roadway.” The town argued that the culvert was within the road allowance, which it was. We were nevertheless successful in defeating the motion, and thereafter settling the case.
As with any manufactured product, components can fail. Bicycles are no different. A front fork failure is the most typical and often the most serious component failure. When the fork bends or snaps, the bike rapidly drops, exposing the rider’s head and neck and shoulders to significant forces. Fork failures are more common amongst mountain bikers who perform drops or large jumps. Such cases often involve a claim against the manufacturer and vendor for representations made about the durability of the bike and how the bike was marketed to be used. Often it involves bringing lawsuits against corporations in foreign countries where bicycles or their components are manufactured. Such cases also involve an investigation into the design and quality assurance testing of the product. In Mark’s Case, the video shows how we discovered stress factures caused by the crown, which housed the fork stanchions. The design of the crown itself created uneven stresses on the stanchion that were undetectable to Mark, until his component failed.
After a bicycle accident in Toronto, hiring a lawyer can be essential to protect your rights and secure fair compensation for your injuries and damages. Bicycle accidents often involve serious injuries due to limited protection for cyclists, and determining liability can be complex, especially if multiple parties are involved, such as motorists, pedestrians, or even municipalities responsible for road maintenance.
A lawyer can handle critical aspects of your case, including investigating the accident, gathering evidence (e.g., witness statements, surveillance footage, and accident reports), and identifying the at-fault party. If a driver’s negligence, such as distracted driving or failure to yield, caused the accident, your lawyer can build a strong case to hold them accountable.
If poor road conditions, like potholes or inadequate signage, contributed to the accident, a lawyer can navigate claims against municipalities, ensuring compliance with strict reporting deadlines (often within 10 days). They will also negotiate with insurance companies, which may attempt to minimize your claim or deny it outright, ensuring you receive compensation for medical expenses, lost income, property damage, and pain and suffering.
Additionally, a lawyer’s experience in handling bicycle accident cases ensures you understand your legal rights under Ontario law and the nuances of fault determination. They can represent you in settlement negotiations or court proceedings, aiming for the best possible outcome.
By hiring a lawyer, you gain a trusted advocate who manages the legal complexities, allowing you to focus on recovery while ensuring your case is handled professionally and effectively.
In Ontario, the statute of limitations for filing a lawsuit after a motorcycle accident is two years from the date of the accident. This means you have two years to initiate legal action for compensation related to injuries, damages, or losses caused by the accident. Failing to file within this timeframe typically bars you from pursuing a claim in court.
However, there are exceptions. For example, if the victim is a minor or mentally incapacitated, the time limit may be extended. Additionally, if you’re filing a claim against a municipality (e.g., for poorly maintained roads), you must provide written notice within 10 days of the incident.
It’s crucial to act promptly and consult with a personal injury lawyer to ensure your rights are protected and deadlines are met.
Bike accidents in Toronto can result from various factors, often a combination of environmental, human, and systemic issues. Understanding these factors can help in determining liability and improving safety. Some common causes include:
Many bike accidents occur when drivers fail to share the road responsibly. Common examples include distracted driving, speeding, failing to yield at intersections, or opening car doors into the path of cyclists (dooring).
Cyclists not following traffic rules, such as running red lights, riding against traffic, or failing to signal, can also contribute to accidents. Inexperience or lack of familiarity with road safety rules can exacerbate these risks.
Hazards such as potholes, uneven pavement, debris, or inadequate lighting can create dangerous situations for cyclists. In some cases, municipalities may be liable for failing to maintain safe infrastructure.
A lack of dedicated bike lanes or improperly designed cycling paths increases the risk of collisions between cyclists, motorists, and pedestrians.
Toronto’s variable weather, including rain, snow, and ice, can make roads slippery and reduce visibility, increasing the likelihood of accidents.
Cyclists are more difficult for drivers to see, especially at night or in adverse weather. Inadequate lighting on bicycles or reflective gear can worsen visibility issues.
Intersections are a common site for bike accidents, particularly when drivers or cyclists fail to obey traffic signals or properly yield.
Alcohol or drug use by either drivers or cyclists can impair judgment and reaction times, leading to collisions.
Each of these factors can contribute significantly to the risk of a motorcycle accident:
When do you need to contact bicycle accident lawyer after being hurt in a bicycle accident?
At some point, after you have received medical care, you or a family member will turn your mind to the necessity of a lawsuit to protect your future. There are limitation periods and notice periods that can bar your claim so for that reason it is wise to contact a lawyer promptly. We invite you to contact us, as we have demonstrable trial experience in handling such claims. We have also prepared a post to help you choose a lawyer you can have confidence in.
Regarding preservation of evidence, you would be wise to keep your bicycle helmet and clothing. Preserve any photographs that were taken on the day of you out bicycling. Do not repair your bicycle and try not to change any gears. It is very helpful if you or someone you know returns to the scene to to photograph or videograph the area where the collision occurred. A good way to start is to photograph the area of the collision from the direction of the cyclist, then from the opposite direction or that of the other vehicle if one was involved. Also keep a keen eye for skid marks, gouges and debris that may have been left behind. These subtle signs can help establish the path of travel, and evasive actions.
Also look for the resting position. Photograph the helmet and the bicycle as well, including the serial numbers, and the components, such as hand brakes, lights, reflectors, derailers, gears and tires.
We look forward to meeting with you to discuss your case. Your future is worth fighting for.
Bicycle accidents in Toronto can result in a wide range of injuries, varying from minor scrapes to life-altering conditions, due to the limited protection cyclists have compared to drivers. Common injuries include:
One of the most serious outcomes, head injuries can range from mild concussions to traumatic brain injuries (TBIs). These can occur even when wearing a helmet, although helmets significantly reduce the risk.
Damage to the spinal cord can lead to paralysis, chronic pain, or limited mobility. These injuries often require long-term medical care and rehabilitation.
High-impact collisions can cause internal bleeding or damage to organs, which may not be immediately apparent but require urgent medical attention.
Beyond physical harm, cyclists may experience emotional distress, anxiety, or PTSD after an accident, particularly if it involves severe injuries or a fatality.
In tragic cases, bicycle accidents can result in fatalities, often due to severe head trauma, spinal injuries, or internal bleeding.
The severity of injury has a dramatic effect on a person’s right to claim medical, rehabilitation and attendant care benefits. A non-catastrophically injured person is entitled to a maximum of $65,000.00 for these expenses while a catastrophically injured person is entitled to a maximum of $1,000,000.00 for medical expenses. Our car accident lawyers have a proven track record of success in obtaining a catastrophic designation for our seriously injured car accident victims.
Keeping a diary of your daily experiences and noting how your injuries impact your normal activities, such as bending or walking, is highly recommended. If your court case extends over several years after the accident, this diary can serve as a valuable tool to help refresh your memory. Additionally, retain anything related to your injuries, such as prescriptions, medical aids, or relevant photographs. These items are considered objective evidence and are highly regarded in accident cases.
Motorcycle accidents require skilled and experienced personal injury lawyers. Those injured in motorcycle accidents often suffer from polytraumatic, serious, and catastrophic injuries, including brain injuries, internal injuries, concussions, and orthopaedic and bone fractures typically requiring surgery. Many motorcycle accidents involve fatalities. Depending on the severity of these injuries, injured persons may require extensive medical treatment and either miss significant time from work or be disabled from work completely.
When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.
Boland Romaine has a proven track record of obtaining significant settlements for clients, including multi-million-dollar awards for catastrophic injuries such as spinal cord injuries and traumatic brain injuries. Their unwavering commitment to excellence has earned the firm recognition in prestigious legal directories, including Best Lawyers in Canada and the Lexpert directory.
For those whose lives have been profoundly impacted by car accidents, Boland Romaine offers free consultations to discuss potential claims and provide guidance on the legal process. The firm’s compassionate and dedicated team is committed to helping clients rebuild their lives after devastating accidents, ensuring they receive the justice and support they need to move forward.
Operating on a contingency fee basis, Boland Romaine ensures that clients do not pay legal fees unless their claim is successfully resolved. This approach makes legal representation accessible to everyone, regardless of their financial situation. By focusing on a select number of seriously injured clients, the firm provides personalized attention and dedicated resources to achieve the best possible outcomes.
Gather the Evidence Make an Informed Decision
A car accident lawyer who is either afraid, inexperienced, or cannot afford to go to trial may ultimately end up costing you thousands in compensation you are rightfully owed.
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If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.
If your LTD claim has been denied, a disability lawyer can help by:
Don’t speak to the adjuster from the insurance company.
When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.
we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.
Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc
The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.
Also consider these critical steps after an injury after seeking medical help.
In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.
If you need a car accident lawyer in your area, start by researching local law firms that specialize in personal injury and accident claims. Look for lawyers with experience handling cases like yours, strong client reviews, and a track record of success.
At Boland Romaine, our Toronto-based car accident lawyers have extensive experience managing complex claims, ensuring our clients receive the legal guidance and compensation they deserve.
Our car accident lawyers know exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case means we will:
A Boland Romaine car accident lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
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