Even though Windsor is a bicycle-friendly community, crashes still happen, and the injuries are often severe.
If you or someone you love was injured in a cycling accident caused by driver negligence, you or your loved one may be eligible to seek compensation for any medical and outpatient treatment costs, pain and suffering, lost wages and other expenses. Our firm offers a free consultation and our Windsor cycling accident lawyers can represent you on contingency, which means we are not paid unless you receive compensation.
Over more than three decades serving Ontario residents, we have obtained $300 million in compensation, including numerous recoveries for crash victims. Founder Greg Monforton has been selected for Best Lawyers in Canada each year since 2006. He has also been designated as a Certified Specialist in Civil Litigation by the Law Society of Upper Canada. This is a designation less than two percent of Ontario lawyers have received.
Free Consultation. No Upfront Fees. Call (866) 320-4770.
Why You Should Consider Hiring a Lawyer?
Do you know how to file a claim for compensation after a bicycle crash? What sources of compensation might there be?
More importantly, do you know what to do if the insurance company denies your claim or makes a lowball offer?
These are just a few of the reasons why cycling crash victims should strongly consider seeking legal representation. Research has shown that those who hire lawyers often receive more compensation for their claims compared to those who try to go it alone.
The legal process is complicated and at-fault drivers and their insurance companies would prefer to deal with the victim instead of the victim’s lawyer. They know a lawyer is likely to push for full compensation. This is particularly true when the victim is represented by an experienced lawyer with a history of results.
At Greg Monforton & Partners, we have the resources to thoroughly investigate a crash and the victim’s damages to determine the value of a claim. Our lawyers have many years of combined experience helping crash victims move forward after an accident.
We are here to answer your questions and determine how we may be able to assist you.
Am I Eligible to File a Case?
This is a question our Windsor cycling accident lawyers are prepared to answer in a free initial consultation. No two bike accidents are the same, which means there are many factors we may need to consider when trying to answer this question:
- Severity of your injuries
- Insurance coverage that may apply to the crash
- Whether the accident was caused by another driver’s negligence
- How the accident happened
- Evidence you collected from the scene
- And more
If you were injured in a crash with a car and needed medical treatment, you should strongly consider meeting with one of our lawyers to go over potential options. If you have a valid claim, we are prepared to seek maximum compensation for your damages.
Greg Monforton and Partners. Proven Results. Call (866) 320-4770.
What Might a Bicycle Accident Case be Worth?
Often, a significant portion of a compensation award for a cycling crash is the victim’s medical expenses. This includes the expenses you have already accrued and expenses you may accrue in the future.
However, medical expenses are just one form of compensation that may be available. A personal injury can affect you financially and psychologically. For example, some victims may experience mental health problems like depression. Victims’ mental health often declines because serious injuries may limit your activities and prevent you from working.
Other damages that may be available in a bicycle accident claim include:
- Lost enjoyment of life (the emotional effect of not being able to take part in activities you once enjoyed)
- Lost wages if your injuries prevented you from working while you recovered
- Lost earning capacity for permanent disabilities that prevent you from working the way you did before suffering your injuries
- Out-of-pocket expenses that were not covered by the insurance company
- Lost household services, such as house cleaning or other activities involved in maintaining a home
Those who lost loved ones in bicycle crashes may be able to file a wrongful death claim to recover compensation for the effects of their loss. For example, this type of claim may provide compensation for:
- Funeral and burial expenses
- Expenses that stem from your loved one’s death
- Lost income
- Lost care and companionship
Schedule a free consultation to learn more about what your claim may be worth.
What is the Deadline for Filing a Claim?
Most bicycle accident claims are resolved with an insurance settlement. You have just seven days from the date of the accident to inform your insurance company. You have just 30 days to send an application for benefits.
In some situations, it may be necessary to file a lawsuit. The Ontario Limitations Act says that a personal injury lawsuit must be filed no later than two years after the injury was discovered. If you fail to file within that time, your claim is likely to be dismissed.
Our Windsor bicycle accident lawyers need time to investigate and build a strong case, so it is important to contact us right away. There is no cost or obligation to have your claim evaluated.
Insurance for Injured Cyclists
Bicyclists can purchase no-fault insurance to provide compensation after an accident. You can file a claim against these benefits even if you are at fault for the accident.
No-fault coverage may provide compensation for:
- Medical care
- Income replacement
- Cost to hire a caregiver
These benefits are governed by the Statutory Accident Benefits Schedule.
If you do not have insurance, you may be covered by a family member’s policy. For example, if you are a dependent of someone else, you may be able to file a claim against their policy. You may be able to file a claim against the at-fault driver’s policy as well.
Another option for compensation is using the Ontario Health Insurance Plan, which should cover many of your medical expenses. However, the following costs are not covered:
- Ambulance bills
- Transportation expenses
- Medical equipment
- Massage therapy
Call us today to discuss your claim. Phone: (866) 320-4770.
What if the At-Fault Driver Does not have Enough Insurance for My Claim?
Drivers do not always follow the law. Sometimes they do not have insurance. Even the at-fault driver does have insurance, he or she may flee the scene or lack enough coverage for your damages.
Ontario has a “last resort” option for people who may be in a situation such as this. A cyclist may file a claim through the Motor Vehicle Accident Claims Fund that is administered by the provincial government.
Can I File a Claim if I was not Wearing a Helmet?
If you or a loved one were hurt in a bicycle accident but were not wearing a helmet, you may still be able to seek compensation.
The insurance company and the at-fault party may attempt to use the helmet defence to avoid liability for your injuries. However, this defense is rarely successful, and it is difficult to prove. The burden of proof is on the at-fault party. They need to show how not wearing a helmet made your injuries much worse than they would have otherwise been. The problem is, it is unlikely for bicycle riders to only sustain head injuries in a crash.
Even if the defence is successful, it is unlikely your compensation award would be reduced very much. However, it is important to have an experienced Windsor bicycle accident lawyer at your side to help you counter this defence and recover the compensation you need.
Rights and Responsibilities of Cyclists
The same traffic laws that apply to other road users also apply to cyclists - cyclists must abide by the regulations in the Highway Traffic Act of Ontario, along with any local and municipal laws.
For example, bicyclists are required to:
- Obey traffic signs and signals, such as stop signs and red lights
- Walk their bikes across pedestrian crossings
- Stop at a safe distance behind transport vehicles when it is unloading passengers
- Travel with the flow of traffic on one-way streets
- Use correct hand signals and gestures when maneuvering
As a cyclist, you have the right to ride in the centre of a lane if that is the safest way to travel on that stretch of road.
By law, cyclists are required to have certain safety equipment on their bike and anyone under the age of 18 must wear a helmet. However, riders over the age of 18 should still wear a helmet as it could lower their risk of severe injury in a crash.
Common Causes of Bike Accidents
A driver or cyclist not taking care or paying attention puts himself or herself at risk for injury. Common examples of negligent behaviors that may lead to a crash include:
- Failure to yield
- Failing to share the road
- Failing to check blind spots
- Road rage
- Distracted driving
- Violating right-of-way rules
If your crash was caused by another’s negligent actions, give our firm a call to schedule a free legal consultation.
Greg Monforton & Partners. Millions Recovered. Call (866) 320-4770.
Injuries from Bicycle Accidents
While many bicycle riders wear approved safety equipment when on their bikes, injuries can still occur in a crash. Some of the most common injuries that riders may suffer include:
- Gravel rash
- Broken bones
- Facial disfigurement
- Traumatic brain injuries (TBI)
- Dental injuries
- Internal injuries
- And more
At our firm, we understand the impacts of these injuries and are ready to help you seek compensation for any losses you may have suffered.
Contact a Windsor Bicycle Accident Lawyer Today
If you or someone you love has been hurt in a bike accident, please do not wait to call to see if one of our experienced Windsor bicycle accident lawyers may be able to assist you. If the crash was caused by negligence, compensation may be available, and our lawyers know how to pursue it.
We proudly work on a contingency basis, which means we only receive payment if we obtain a verdict or settlement for your case and we also offer 100 percent FREE case reviews.
Our office at 1 Riverside Drive West is just a couple blocks from the Ontario Superior Court of Justice and the Windsor Police Service Headquarters. We provide comprehensive legal counsel to bicycle accident injury victims throughout the region, including:
.... and most of the towns and suburbs that surround these areas.
Contact us today toll free: (866) 320-4770. We are here to help.