The recent death of a cyclist in Toronto following a fatal collision with a car was shocking and frightening. The driver of the car did not stop, but continued on his way in a damaged car and only turned himself in the next day. Meanwhile, residents and law enforcement agencies were struggling to come to terms with this accident, the third one to happen this year. Civic authorities were in fact in the process of putting in extra infrastructure like bike lanes to encourage more people to take up cycling for commuting and fitness. Ontario is blessed with thousands of kilometers of roads suited for cycling as recreation, sport and commuting.

Accident-related deaths have a devastating effect on the family and friends of the victims. Though road safety is a global public health issue, among all road users, cyclists are perhaps the most vulnerable. They are nearly ten times as likely to suffer fatal injuries following an accident as compared to occupants of motor vehicles. In many cases, the victim was a person in the prime of life, in perfect physical and mental health, passionate about the outdoors and sports. Often, they may have just been out for a leisurely ride to relax after a hard day’s work at the office.

Nearly 26,000 people in Ontario visited the ER in cycling related accidents and injuries and it is the opinion of health-care professionals that each one of these could have potentially been fatal. They also feel that while these accidents could not have been predicted, they were certainly preventable. As a result of the perceived dangers of cycling, civic authorities fear that people are less likely to cycle and more likely to discourage loved ones from cycling too.

Cycling Deaths: Some Facts

• More than two-thirds of cycling deaths took place in urban environments.
• Nearly fifteen per cent of deaths involve children.
• A significant time for accidents seems to be late evening or early night – between 8-10 pm, but most accidents took place in the daytime.
• Those who were killed as a result of head injury may not have been wearing a helmet.
• In nearly half the number of cases, the fault was established as being that of the vehicle driver and that of the cyclist, while in the remainder of cases, the fault is evenly distributed between driver and cyclist.
• Majority of accidents occur in clear weather, dry roads, good visibility.

Regarding some of the commonly identified causes:

Cyclist contribution:

• Distraction
• Fatigue
• Poor visibility
• No helmet
• Stunt riding
• Alcohol/Drug Impairment
• Carrying heavy loads
• Failure to yield
• Ignored warning signs
• Ignored traffic lights
• Traveling in wrong lane/against traffic
• Emerging from behind parked vehicles
• Unsafe lane changing

Driver Contribution:

• Age of driver
• Speeding
• Inattention
• Texting/Talking on Cellphone
• Grooming/Eating
• Chatting with co-passengers
• Medical condition
• Alcohol/Drug impaired
• Car-door opening
• Failure to yield
• Road rage
• Poor visibility
• Road conditions
• Unsafe behavior such as shouting, yelling and distracting cyclist
• Unsafe lane changing
• Tail-gating

Knowing Your Rights

As the family of a cyclist killed in a fatal accident, you are entitled to claim certain benefits. Apart from statutory benefits, if you can establish the fault of the driver involved in the collision, you can sue for several categories of damages:

• Funeral Expenses
• Medical and hospital expenses if any
• Loss of shared family income
• Loss of guidance, care and companionship
• Loss of household value as a handyman or other services performed by the deceased
• Other death-related expenditure

The City itself must give compensation as it has a duty to provide safe passage for all cyclists. It is also responsible in keeping roads and public amenities in good repair. This includes alignment of the road, its environs, obstacles and signage. Ontario laws provide the same rights to motorists and cyclists as road-users.

We Can Help

If you have a potential claim against the City, you must file your claim within 7 days. Our experienced catastrophic injury lawyers have the knowledge and expertise to make sure that all such deadlines are met. Most families are so traumatized by the events that they fail to come forward in time to make their just claims for compensation.

Our wrongful death lawyer can help you to safeguard your rights and the reputation of the deceased, as the survivors of a family that has lost an important member. Our no win no fee lawyers provide their services free of cost till your case reaches a satisfactory settlement, with the maximum compensation.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.