Rules of the Road Apply to All Users

January 12, 2023, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

A recent collision in a roundabout in Kitchener has highlighted not only the importance of following the rules of the road but the dangerous consequences of not doing so.

A cyclist faces several charges after being struck by a motor vehicle driver in November. The cyclist was pedalling across the intersection on a crosswalk when he was hit and was seriously injured. He has been charged with several offences pursuant to the Highway Traffic Act including riding a bicycle in a crosswalk, no horn on bicycle, and no light on bicycle.

The Waterloo Regional Police Service reported that in 2018  cyclists were shown to be at fault in approximately half of the personal injury collisions. Regardless of who is to blame in a bicycle–motor vehicle collision, it is the cyclist who always faces the more serious injury risks. There is room for both cyclists and motor vehicle drivers to improve their driving and be prepared for the roadway by following the rules of the road and having vehicles (bicycles) properly outfitted for use on the road.

In the event you are driving or riding your bicycle and are involved in a motor vehicle-bicycle collision you should stop and make sure everyone is all right. This is considered an accident and leaving the scene is illegal. Remember that some injuries like concussions may not present immediately. Also, remember that as an injured cyclist in a collision with a motor vehicle, you may be entitled to accident benefits. Here is an excerpt from a previous post:

In any car – auto crash where there is any injury (even small cuts and bruises) or damage to the bike you should call the police immediately. You may not realize you are seriously injured until after the collision. Without a police report and driver information, you will find it nearly impossible to get compensation for costs arising from your injuries or losses. Remember that the law requires the police to be called if there is damage over $2000 or if there is any injury sustained in a crash.

 

In the event of a collision caused by or with a motor vehicle, the cyclist can claim vehicle damage and personal injury. For example, if you are riding your bike and a car door opens into your path and you are injured you can proceed with a claim against that driver through their insurer. The information is available on the police report. The driver is obligated to provide this information to you if you don’t call the police.

 

If the driver is uninsured, or if the driver leaves the scene of the accident – a hit and run - and the cyclist is injured, then obviously it is not possible to get the driver’s name and insurance information. In this case, the police should be called. The cyclist can still seek compensation from the Ontario Motor Vehicle Accident Claim Fund (OMVACF) which has limited compensation coverage.

 

If your bike is damaged but you aren’t hurt, and the driver has left the scene you may still have some coverage for your bike through their homeowner’s policy. Your homeowner’s policy will dictate the deductibles and maximum values to be paid out. If you have a very expensive bicycle you may wish to talk to your broker or agent about having a rider on your policy for your bike.

If you or a loved one are seriously injured in an automobile accident or while walking or riding your bicycle please contact one of our highly skilled personal injury lawyers for your free initial consultation. We are here to help you get the settlement you need to secure your future. Don’t face your situation alone. Call us today 1.519.742.7774

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.