Ensuring the Cyclist is Compensated
Cyclists and cars share the road in Toronto, and drivers must be extremely careful of people biking alongside them. On occasion, a run-on occurs between a car and a bicycle, leading to tragedy. Hit by a car injuries while cycling are a relevant concern in the city and appropriate steps need to be taken to ensure the cyclist is compensated appropriately if that were to happen.
Adam Excell, 26, was killed in a cyclist accident in late June, the third person to be killed in hit by a car injuries. Excell was an avid cyclist and rarely used his vehicle. He always wore a helmet and had lights on his bike, taking the appropriate precautions for cycling in the busy city of Toronto. The accident was deemed to be at fault of the driver of the car and was a tragedy for Excell’s family and friends.
When hit by car injuries occur, there are certain steps that must be taken to ensure that the cyclist has the proper information to make a hit by a car injuries claim. Any damage to the cyclist and bike must be claimed through the insurance policy of the car driver. It is important to obtain the insurance information. If a hit and run transpires, then the cyclist needs to try and acquire the license plate number and then contact the police.
Substantial Injury and Proof of Blame
If the collision is serious, the cyclist can sue the driver. Certain criteria needs to be met for hit by a car injuries to be worth suing over, including substantial injury and proof of blame. The cyclist must notify the auto insurance company within 7 days and if they do not have auto insurance, they claim the no-fault insurance of the owner of the vehicle who struck them. The auto insurance company will send the cyclist a mandatory application that must be filled out within 30 days and returned.
If the cyclist is unable to work during this time, they can sue the driver as well as claim weekly income replacement benefits to help with expenses. If a cyclist receives a catastrophic injury, defined as “a serious spinal cord or brain injury”, they may be entitled to one million dollars over the course of their lifetime.
Suing the Driver
In order to sue the driver of the vehicle, it is necessary to prove that the driver was partially to blame for the accident. It is important to have witnesses for this process, which can be difficult to obtain. If someone dies from a cycling collision, such as in the case of Adam Excell, it is still possible to sue the driver. The possible reasons for suing the driver in the case of death include loss of care and companionship, loss of shared family income, and funeral expenses among others.
It is important to keep your bicycle, helmet, and clothing after the accident to be used as evidence alongside any witnesses. If you do not wear a helmet, it is still possible to sue from hit by a car injuries, but it may reduce the credibility of the blame on the driver due to cycling negligence. Overall, it is essential to ride with a helmet and take care on the roads of Toronto due to the high congestion of traffic and endeavour to ensure safe road sharing.
Sources
https://www.cycleto.ca/sites/default/files/The%20Injured%20Cyclist_0.pdf
http://www.ibiketo.ca/guide/how-tos/how-claim-insurance
http://www.thestar.com/news/gta/2015/06/17/cyclist-killed-in-toronto-accident-lived-for-the-outdoors.html