ARTICLE
28 October 2024

What To Do After A Bike Accident In Toronto?

Boland Romaine LLP

Contributor

Boland Romaine Personal Injury Lawyers is one of Ontario’s most respected injury firms with over 40 years of trial experience. Voted as one of the top 10 personal injury firms by Canadian Lawyer Magazine, Boland Romaine’s lawyers have represented the province’s most vulnerable injured victims in court and won.
In 2021, approximately 58 people died on Toronto's streets and 183 more were seriously injured. In total, the Canadian Automobile Association and Statistics Canada suggest that around 7500 cyclists are seriously.
Canada Litigation, Mediation & Arbitration

In 2021, approximately 58 people died on Toronto's streets and 183 more were seriously injured. In total, the Canadian Automobile Association and Statistics Canada suggest that around 7500 cyclists are seriously injured every year and that most of these occur during rush hour.

You may be surprised by how much a lawyer can assist with your accident case. Beyond the phone calls or in-person meetings, your lawyer will be working diligently behind the scenes to handle various aspects of your case. Here's how they can help:

Interviewing Witnesses

If witnesses were present during your cycling accident, your lawyer will likely want to interview them. Even if the driver's fault is already established, witnesses may provide additional details or circumstances that could strengthen your case and increase your compensation.

Speaking with the Driver or Their Lawyer

If the driver is contesting fault, your lawyer may speak directly with them to gather information. In many cases, they will instead communicate with the driver's legal counsel. Lawyers often negotiate settlements without going to court, and any settlement terms will be presented to you for approval before you sign any agreement.

Consulting Medical Providers

To assess the full extent of your injuries, your lawyer may consult your medical care providers. If your injuries are long-term or require future treatment, this information could result in a higher compensation award. Your lawyer will ensure that your current and future medical needs are taken into account during negotiations.

Negotiating with Insurance Companies

Your lawyer will work with the driver's insurance company and your medical insurance provider to negotiate coverage for your medical bills. Their goal is to hold the driver accountable for your medical costs, including any expenses already paid by your insurer, and minimize any financial responsibility on your part.

Bike Accident Lawyer Toronto

If a settlement can't be reached, your case may go to court. Your lawyer will represent you throughout the legal process, questioning all involved parties and presenting the necessary evidence. Handling legal matters on your own can be overwhelming, especially while recovering from your injuries, which is why having an experienced lawyer is so important. A bicycle accident lawyer understands the law and can help you secure fair compensation for your injuries.

Cyclist collisions, injuries, and fatalities can occur as a result of:

  • Driver inattention
  • Distracted driving
  • Excessive speed
  • Illegal and unsafe Turns
  • Doorings
  • Failure to provide one meter of space when passing
  • Lack of safe infrastructure for cyclists, including bike lanes
  • Disrepair of roads and Debris
  • Lack of care, consideration, and respect for cyclists

What to Do Right After a Bike Accident: A Step-by-Step Guide

Being involved in a bike accident can be a shocking and overwhelming experience. Knowing the right steps to take immediately after the incident can help ensure your safety, protect your legal rights, and support any insurance or legal claims you may need to file. Here's a step-by-step guide on what to do right after a bike accident:

Ensure Your Safety and Get Out of Danger

Your first priority after a bike accident is to make sure you're safe. If you're in the middle of a road or in harm's way, try to move yourself and your bike to a safe location if you can. If you're seriously injured or unable to move, stay still and wait for help.

  • Turn on any lights you have or signal for help if visibility is poor.
  • Avoid moving too much if you suspect you have sustained a serious injury, particularly to your neck or back.

Check Yourself and Others for Injuries

Assess your body for injuries, even if you don't feel immediate pain. Adrenaline can mask symptoms in the moments after an accident, so it's important to take a moment to check for any cuts, bruises, broken bones, or head injuries. If another person was involved in the accident, check on them as well.

If there are any serious injuries, call 911 or ask someone nearby to do so. Even if you feel fine, it's a good idea to seek medical attention, as some injuries (like concussions) might not show symptoms until later.

Call the Police

It's important to report the accident to the police, especially if there is significant damage to property, serious injuries, or if a motor vehicle was involved. The police will file an official report, which can be useful later for insurance claims or legal action.

  • Provide accurate details about what happened to the officer on the scene.
  • Make sure to get the incident number or a copy of the police report, if possible.

Exchange Information

If the accident involved a vehicle or another person, exchange contact and insurance information with the other party. Be sure to collect the following details:

  • Full name, address, and contact information
  • Driver's license number (if a car was involved)
  • Vehicle make, model, and license plate number
  • Insurance company and policy number

If there are witnesses to the accident, collect their contact information as well, as their statements may be helpful if there are disputes about what happened.

Document the Scene

Gather as much evidence as you can to support your case. Use your phone to take photos or videos of:

  • The accident scene, including the positions of the bike and vehicle
  • Any visible damage to your bike, the vehicle, or other property
  • Any injuries you sustained
  • Traffic signs, signals, road conditions, or any other relevant details

Having this documentation can be vital for insurance claims or legal actions that follow the accident.

Seek Medical Attention

Even if you feel fine immediately after the accident, it's important to see a doctor to check for any hidden injuries. Some injuries, such as concussions, internal injuries, or soft tissue damage, may not show symptoms right away. A medical professional can assess your condition and provide documentation of your injuries, which can be useful for any legal or insurance claims.

Notify Your Insurance Company

If the accident involved a vehicle or resulted in significant injuries or damage, report the incident to your insurance company as soon as possible. Provide them with the details of the accident, the police report, and any evidence you collected.

If you were hit by a motor vehicle, you might be entitled to accident benefits through the driver's insurance policy, even if you were at fault.

Consult a Lawyer

If you sustained significant injuries or the circumstances of the accident are complex, it may be helpful to consult a personal injury lawyer. An experienced lawyer can help you navigate the legal process, negotiate with insurance companies, and ensure that you receive fair compensation for your injuries, lost wages, and medical bills.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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