CALL 24/7A cyclist is recovering after being struck by a vehicle early Sunday morning in Leamington. The driver of the vehicle involved did not stay at the scene to check on the cyclist or call for help.
What Happened
Ontario Provincial Police responded to reports of a collision at Erie Street South and Coronation Avenue just before 2:30 a.m. Sunday.
Upon arrival, OPP discovered an injured 36-year-old cyclist who had been struck by a vehicle. The driver of that vehicle fled the scene.
A news article reported that officers were able to track down the driver shortly afterward. The cyclist received treatment for injuries police described as non-life-threatening.
Charges Have Been Laid Against the Driver
Following the collision with the cyclist, police have charged the 36-year-old driver with four criminal offences:
- Dangerous operation of a motor vehicle causing bodily harm
- Operating a motor vehicle while impaired
- Operation causing bodily harm
- Failure to stop at the scene of an accident causing bodily harm
The driver’s licence was suspended for 90 days, and his vehicle impounded for a week. He will appear in court in Windsor on June 23.
Why This Matters
Driving impaired is not just a dangerous choice — it is a criminal one. Drivers who get behind the wheel in this condition put themselves and everyone on the road at risk.
Cyclists Have No Protection From a Vehicle
A cyclist has no metal frame around them. No airbags. No crumple zones. If a cyclist gets hit by a vehicle, there is nothing to absorb the impact except their body. That vulnerability makes every driver’s choice behind the wheel — including the choice to drive sober — critical.
Impaired Driving Changes Everything
Driving while impaired doesn’t just slow reaction time. It affects judgment, coordination, and the ability to see hazards — including cyclists. A driver who’s had too much to drink might not notice a cyclist until it’s too late. Even if they do see them, they might misjudge distances, overcorrect, or fail to brake to avoid the impact.
Leaving the Scene Makes It Criminal
When impaired drivers flee the scene after causing a collision, it delays medical help for the injured person. In that moment, an already serious crash becomes a hit-and-run, making the legal consequences for the driver significantly worse. Staying at the scene, rendering assistance, and calling for help is required under the law.
Frequently Asked Questions About Cyclist Accident Claims
Can I file a claim if the driver who hit me was charged with impaired driving?
Yes. Criminal charges and civil injury claims operate separately. Even if the court convicts the driver criminally, you can still seek compensation through a civil claim for your medical expenses, lost income, pain and suffering, and other damages. The criminal conviction may strengthen your civil case by establishing fault.
Do I still have an injury case if I was hit by a car and my injuries were “non-life-threatening?”
Yes. Non-life-threatening doesn’t mean minor. You may still have broken bones, soft tissue injuries, road rash, or other harm requiring surgery, physiotherapy, or ongoing treatment. You can pursue compensation if your injuries caused you harm and financial loss, regardless of whether they threatened your life.
Can I still seek compensation if the driver who hit me fled the scene?
Yes. A hit-and-run case makes your claim more complicated, but you still have options. If police locate the driver (as they did here), you can pursue compensation through their insurance. If police never identify the driver, Ontario’s Motor Vehicle Accident Claims Fund provides coverage for victims injured by unidentified or uninsured drivers.
How do I prove the driver who hit me was at fault?
Police reports, criminal charges, witness statements, and physical evidence from the scene can establish fault. When a driver faces criminal charges for impaired driving and causing bodily harm, this provides compelling evidence of negligence in a civil claim.
How long do I have to file a bicycle accident claim in Ontario?
Ontario law generally gives victims two years from the date of a crash to file a legal claim. Missing this deadline can permanently bar you from seeking compensation. Consult with a lawyer promptly to protect your legal rights and preserve evidence while it’s still available.
Injured by an Impaired Driver in Leamington?
Impaired driving crashes don’t just happen. They are caused by choices someone else made. If you get hit as a cyclist, the harm you and your family experience goes beyond broken bones or medical bills. It’s your pain and suffering, the loss of income while recovering, and more.
If you were seriously injured while cycling in Leamington, Windsor, or anywhere in Essex County, Greg Monforton & Partners can help. Our bicycle accident lawyers represent cyclists injured by negligent and impaired drivers.
We investigate, gather evidence, and pursue the compensation you need to move forward.
Free consultations. No upfront fees. We only get paid if you do.
Call Greg Monforton & Partners at (866) 320-4770 today.
