Winter cycling is on the rise. Bicycle commuting during winter months is increasingly popular, and cyclists continue to ride in the winter for exercise and recreation. But biking during winter can be dangerous. Snow, ice, and reduced visibility increase the risk of accidents, which can leave cyclists with serious injuries.
In today’s article, we’ll discuss the determination of fault in winter cycling accidents and how fault impacts the bottom line in personal injury compensation. If you have questions or want to discuss the specifics of your case, we welcome you to connect with a Sault Ste. Marie bicycle accident lawyer at Feifel Gualazzi.
Fault in personal injury lawsuits
When a vehicle accident is caused by someone else’s fault or negligence, the injured person has the right to sue the wrongdoer for financial compensation. This type of lawsuit is known as a tort claim or negligence claim. To win the lawsuit, the injured person must prove that the wrongdoer owed them a duty of care, that the defendant breached the standard of care, and that the defendant’s breach caused the injuries suffered.
Fault in bicycle accident lawsuits
In Ontario, injured cyclists have a significant legal advantage. They don’t have to prove negligence on the part of the wrongdoer to win their tort claim. That is because of the “reverse onus” in section 193 of Ontario’s Highway Traffic Act, which puts the obligation on the owner or driver of the vehicle to prove that the loss or damage didn’t arise as a result of their negligence or improper conduct.
While an injured cyclist has the benefit of the reverse onus, they are still required to prove the nature and extent of the injuries caused by the car accident. A skilled personal injury lawyer can assist you with gathering and preserving evidence to support this aspect of your claim and maximize the compensation you receive.
Determining fault in winter bicycle accidents
An injured cyclist must be prepared to push back against allegations of contributory negligence. This is where winter cyclists need to be particularly concerned. Contributory negligence is a term that refers to an injured person’s degree of responsibility for their own injuries. If allegations of contributory negligence are substantiated, it will negatively impact the amount of compensation they’re entitled to receive.
In other words, the more responsible you are for your injuries, the less money you’ll receive. For example, if the driver is found to be 75% liable and you are found to be 25% contributorily negligent, you will recover only 75% of your damages.
Allegations of fault against a cyclist
Following a winter cycling crash, the vehicle driver will almost certainly argue that the cyclist was somehow at fault or contributed to their own injuries. Common allegations against cyclists include not following the rules of the road, failing to keep a proper lookout, and not wearing a bicycle helmet.
When the accident occurs in the winter, there are additional factors that can cause problems in the injured cyclist’s claim. For example, there is less daylight in the winter months and visibility can be obstructed by falling snow, blizzard conditions, etc. A cyclist may be found contributorily negligent for wearing dark clothing, failing to use a light, and/or failing to wear reflective gear.
A cyclist may also bear some responsibility for their injuries because their bike wasn’t properly maintained or equipped for winter cycling. Did the bike have the right kind of tires for the road and weather conditions? Were the bike’s brakes in good working order? These answers to these types of questions can significantly impact the outcome of a personal injury claim.
It all comes down to the facts and how your lawsuit is presented. That’s why it’s crucial to hire an experienced personal injury lawyer if you’re injured in a winter bicycle accident. Your lawyer will take every aspect of your case into consideration and defend your rights if the driver tries to make misleading allegations or claims you are responsible for your injuries.
No-fault benefits following a bike-vehicle crash
Regardless of fault, you likely have a claim for Statutory Accident Benefits (a.k.a. a no-fault benefits claim) after a bike-vehicle crash. These benefits are to help cover out-of-pocket medical expenses (psychological treatments, physiotherapy, chiropractic treatments, massage therapy, exercise therapy and programs, gym memberships, etc.), housekeeping expenses, childcare expenses, income replacement for wages lost as a result of the accident injuries, and other costs associated with injuries sustained in the accident.
Trusted Legal Advice from an Experienced Bicycle Accident Lawyer
Sault Ste. Marie law firm Feifel Gualazzi specializes in obtaining financial compensation for people who’ve been hurt in motor vehicle accidents. Our team is here to help you navigate your personal injury lawsuit, Accident Benefits claim, and any insurance issues. We can help build a strong case and fight back against allegations of contributory negligence.
Our personal injury lawyers will help you explore legal options to ensure you receive fair compensation for your injuries, including claims for hit-and-run accidents and accidents caused by drivers without insurance. We serve clients in Sault Ste. Marie and the Algoma District.
To schedule your free consultation with an experienced Sault Ste. Marie bicycle accident lawyer, please contact us today.