Hit by a Wreckless Driver While Cycling? Know Your Legal Options in Oshawa, Pickering & Courtice
- Yellow Pages Admin
- 10 hours ago
- 3 min read
Cycling is a healthy, eco-friendly way to get around—but on Ontario’s roads, it can also be dangerous. Reckless drivers pose a serious threat to cyclists, especially in busy areas like Oshawa, Pickering, and Courtice, where traffic congestion and distracted driving are common. If you’ve been injured in a bicycle accident, understanding your legal rights is the first step toward recovery—and justice.
Cyclist Hazards: Reckless Drivers in Durham Region
Reckless driving includes speeding, distracted driving (like texting), aggressive lane changes, and failing to yield. These behaviours are especially dangerous for cyclists, who lack the physical protection that motor vehicle occupants have. Common types of collisions include:
Right-hook accidents: A driver turns right into a cyclist’s path.
Left-cross accidents: A driver turns left without yielding to an oncoming cyclist.
Dooring incidents: A parked driver opens their door into a cyclist’s path.
Unsafe passing: Drivers failing to leave the required 1-metre clearance.
These accidents often result in serious injuries such as traumatic brain injuries, spinal cord damage, broken bones, and internal organ trauma.
Your Legal Rights as a Cyclist in Ontario
Cyclists in Ontario are protected by several legal provisions, including:
If a cyclist is struck by a motor vehicle on a public road, the law presumes the driver is at fault unless they can prove otherwise. This shifts the burden of proof and gives cyclists a significant legal advantage.
2. Accident Benefits
Even if you don’t have auto insurance, you may be entitled to Statutory Accident Benefits through the at-fault driver’s insurer. These benefits can cover:
medical and rehabilitation costs
income replacement
attendant care
catastrophic injury support
3. Negligence Claims
If the driver was reckless or negligent, you may also file a personal injury lawsuit for additional compensation—such as pain and suffering, future medical expenses, and lost wages.
What If You’re Partially at Fault?
Ontario law allows for contributory negligence, meaning your compensation may be reduced if you’re found partially responsible (e.g., riding without lights at night or not wearing a helmet).
A notable example is the case of Pelletier v. Ontario, 2013 ONSC 6898, where cyclist Jerry Pelletier was injured in a collision with a police cruiser. The court examined whether Pelletier’s actions—such as his visibility and conduct while riding—contributed to the accident. While the motorist (in this case, the police officer) bore significant responsibility, the court also considered the cyclist’s role, ultimately applying contributory negligence to adjust the compensation.
This case illustrates that being partially at fault doesn’t eliminate your right to claim—it simply affects the amount awarded. Courts aim to apportion liability fairly, based on the circumstances of each party involved.
Why You Need a Local Bicycle Accident Lawyer
Navigating the legal aftermath of a bike accident can be overwhelming. That’s why it’s crucial to speak with a bicycle accident lawyer in Oshawa, Courtice, or Pickering who understands local traffic laws and has experience dealing with insurance companies and personal injury claims.
At Kelly Greenway Bruce, our team has over 50 years of experience helping injured cyclists secure the compensation they deserve. We offer:
compassionate, personalized legal support
Strong track record in both settlements and litigation
Injured in a Bike Accident? Don’t Wait.
If you or a loved one has been injured by a reckless driver while cycling, time is critical. Ontario law requires that personal injury claims be filed within two years of the accident. Contact a bike accident lawyer in Pickering, a bicycle accident lawyer in Courtice, or a bicycle accident lawyer in Oshawa today to protect your rights and start your recovery.
Call Kelly Greenway Bruce now for a free consultation.
Let us handle the legal side—so you can focus on healing.