Question 1

What Should I Do After a Bicycle Accident?

Accepted Answer

After a bicycle accident, it is crucial to take specific steps to protect your health and any potential legal claims. Here’s what you should do:   Ensure Safety: Move to a safe location if possible and check for injuries. Call for medical assistance if needed.   Document the Scene: Take photos of the accident scene, your bicycle, and any vehicles involved. Note any traffic signals or signs nearby.   Exchange Information: Obtain contact and insurance information from the driver involved, as well as any witnesses.   Report the Accident: Contact the police to file a report and get a copy of the document. This is fundamental for legal purposes.   Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation is essential.   Consult a Lawyer: Once you have addressed your immediate medical needs, contact Kelly Greenway Bruce and we will discuss your legal options.

Question 2

How Do I Know if I Have a Case?

Accepted Answer

Determining whether you have a case after a bicycle accident depends on several factors:   Negligence: If the driver was negligent (e.g., distracted driving, speeding, or failing to yield), you may have a case.   Injuries: Documented injuries resulting from the accident can strengthen your claim.   Evidence: The presence of evidence, such as witness statements, police reports, and photographs, can support your case.   Consulting with an experienced lawyer can help you assess your situation and determine if you have a valid claim.

Question 3

What Are My Options If the Driver Who Hit Me Doesn't Have Enough Insurance?

Accepted Answer

Unfortunately, it is estimated that 2% of drivers in Ontario operate their vehicles without proper protection. If the driver who hit you lacks sufficient insurance coverage, you still have several options:   Uninsured Motorist Coverage: If you have this coverage on your own insurance policy, you may be able to file a claim through your insurer.   Underinsured Motorist Coverage: Similar to uninsured coverage, this can help cover costs if the at-fault driver’s insurance is inadequate.   Pursuing a Claim Against the Driver: You may still pursue a claim directly against the driver, although this is usually a challenging alternative, as uninsured drivers may also lack sufficient assets.    Legal Action: In some cases, filing a lawsuit against the driver may be necessary to recover damages.   Consulting with a lawyer can help you navigate these options and determine the best course of action.

Question 4

How Long Do I Have to File a Bicycle Injury Claim in Ontario?

Accepted Answer

In Ontario, the statute of limitations for filing a personal injury claim, including bicycle accidents, is generally 2 years from the date of the accident. However, there are important considerations:   Exceptions: Certain circumstances, such as the injured party being a minor or suffering from a disability, can affect the limitation period. Additionally, if a municipality is involved, such as in circumstances where the accident is caused by a pothole or poorly maintained roads, you have 10 days to provide a written notice with details of the accident.    Insurance Companies: Some insurance policies may have specific time limits for notifying the insurer of a claim.   Legal Advice: It's advisable to consult a lawyer as soon as possible to ensure you meet all necessary deadlines and protect your rights.

Question 5

Why Should I Count on Experienced Lawyers to Handle a Bicycle Injury Claim?

Accepted Answer

Hiring experienced lawyers to handle your bicycle injury claim offers several advantages:   Expertise in Personal Injury Law: Experienced lawyers understand the complexities of personal injury law and can navigate the legal system effectively.   Negotiation Skills: They possess strong negotiation skills to deal with insurance companies and ensure you receive fair compensation.   Thorough Investigation: Lawyers can conduct a thorough investigation to gather evidence, which is crucial for building a strong case.   Peace of Mind: Having legal representation allows you to focus on your recovery while your lawyers handle the legalities of your claim.   Ultimately, experienced lawyers can significantly enhance your chances of a successful outcome in your bicycle injury claim.

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Frequently Asked Questions (FAQ)

Q: What steps should I take right after being involved in a pedestrian accident?

Q: Can I still make a claim if the driver fled the scene?

Q: How long do I have to file a claim?

Q: Will I have to go to court?