BICYCLE ACCIDENT CLAIMS
According to the Ontario Highway Traffic Act, a bicycle is considered a vehicle. However, it differs from motor vehicles like cars, trucks, buses, or motorcycles, primarily because it lacks an engine. This classification has significant implications for the interactions between cyclists and motorists on the road. Motorists are specifically required to maintain at least one meter of clearance when overtaking a cyclist, a rule that helps prevent accidents by keeping a safe distance between the motor vehicle and the bicycle.
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If a cyclist is injured in an accident involving a motor vehicle, they are eligible to claim statutory accident benefits, which can include compensation for lost income, medical expenses, and rehabilitation costs. Cyclists without their own auto insurance can claim these benefits directly from the motorist’s insurance provider.
Reverse Onus Provision in Cyclist Injury Cases
Additionally, the Ontario Highway Traffic Act includes a reverse onus provision, where the motorist is presumed at fault in cases where a cyclist sues for injuries, shifting the burden of proof to the motorist.
If you have suffered an injury from a bicycle accident, Rotondo Law offers a free, confidential consultation. Importantly, they do not charge fees unless the case is won, providing peace of mind throughout the legal process.