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  • Cycling Deaths: Information and A Legal Overview

    October 29, 2015

    With nearly a quarter of the population of Canada being diagnosed as suffering from obesity and illnesses due to a sedentary life-style, the government has been actively promoting cycling and walking for both leisure and commuting. Ontario is fortunate enough to have extensive areas that are suitable for cycling, which include highways, roads, paths and lanes in and across cities and for many citizens, cycling has become a part of their lives.

    Cycling and Safety

    Though cycling is considered to be good for health and is being encouraged by government and health authorities, it is also quite a risky activity and road safety has become a world-wide concern. Cyclists are nearly eight times more vulnerable and likely to become injured than motor vehicle users and the accidents are usually of a serious nature. Cycling deaths are very common especially when the accident occurred at night-time, the cyclist was not wearing protective gear or the road conditions were not optimal. However, when safety concerns are taken care of, more people can take to this activity.

    In 2012, the Office of the Chief Coroner for Ontario published a Cycling Deaths Review which was an extensive and intensive study of safety and cycling in the province. The review also looked at the types of safeguards required to make cycling safe- adoption of a “complete streets” approach, awareness and education, the use of helmets/protective gear, truck side-guards, designated cycling tracks, one-meter passing rules, etc. and the political and practical ramifications of these.

    How Accidents are Caused

    There could be a number of reasons why cycling accidents happen. Among them are:

    • Day of the week
    • Time of day
    • Age and sex
    • Time of year
    • Light and visibility conditions
    • Road conditions
    • Cyclist’s contributory actions
    • Distractions
    • Alcohol/drugs
    • Inexperienced driver
    • Negligence of other parties

    Legal Aspects of Cycling Death

    Cycling accidents can result in serious injuries since they are usually caused by a direct hit by a larger vehicle. Serious trauma to the limbs, torso, brain, spine and face/head can result in life-changing situations. Fractures, internal bleeding and broken bones could also be of a serious nature. When a cycling death occurs, it can have a devastating effect on the social circle of the victim.

    If you or the victim of a cycling accident does not have personal insurance, it is possible to claim benefits from the insurance company of the other driver’s insurance company. Cyclists are entitled to the same benefits as passengers involved in a car accidents are eligible for. Both mandatory benefits and a tort claim can be sought in Ontario under the Statutory Accidents Benefits Schedule (SBAS). Cyclists can also claim benefits from their auto insurance company even if they weren’t using their cars at the time of the accident. If neither party has insurance, claims can be made from the Motor Vehicles Accident Claims (MVAC) fund administered by the provincial government.

    Benefits

    Cyclists injured in an accident can claim a range of benefits. These include:

    • Income replacement
    • Medical benefits not covered by the Ontario Health Insurance Plan (OHIP)
    • Rehabilitation
    • Care-giver
    • Long-term and future medical expenditure
    • Non-earner
    • Attendant care
    • Visitor expenditure
    • Home care and modification
    • Housekeeping
    • Home Maintenance

    Claims can also be filed by our long term disability claims lawyer under the Family Law Act under some of these heads:

    • Loss of guidance, care and companionship
    • Value of nursing by family member
    • Loss of income and prospects
    • Housekeeping by family member
    • Reasonable expenses on behalf of the injured

    In case of cycling death, the family can also claim

    • Loss of guidance/care/companionship
    • Loss of shared or family income
    • Loss of the household value of the person
    • Loss of Handy-man services that the person provided
    • Funeral/burial/death-related expenses

    How Our Accident Attorney Can Help

    Our firm offers the services of a no-obligation, free consultation injury lawyer who can study all aspects of your case and provide you with a genuine appraisal of your claim. Further, we can assist you with the paperwork, filing your claim within the right time-frame and examine the circumstances of the accident thoroughly to back your claim.

    As personal injury attorneys who understand the local conditions, we are able to conduct our own independent investigation into the circumstances of your case. We have the resources to put together a strong case which consists of expert testimony, photographic and documentary evidence, eye-witnesses if any. When death occurs, our accident attorney can assist surviving family members by providing them with legal representation so that their rights are safeguarded and that they receive the maximum favorable outcome. `

    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.

  • Cycling Deaths: Information and A Legal Overview

    October 29, 2015

    With nearly a quarter of the population of Canada being diagnosed as suffering from obesity and illnesses due to a sedentary life-style, the government has been actively promoting cycling and walking for both leisure and commuting. Ontario is fortunate enough to have extensive areas that are suitable for cycling, which include highways, roads, paths and lanes in and across cities and for many citizens, cycling has become a part of their lives.

    Cycling and Safety

    Though cycling is considered to be good for health and is being encouraged by government and health authorities, it is also quite a risky activity and road safety has become a world-wide concern. Cyclists are nearly eight times more vulnerable and likely to become injured than motor vehicle users and the accidents are usually of a serious nature. Cycling deaths are very common especially when the accident occurred at night-time, the cyclist was not wearing protective gear or the road conditions were not optimal. However, when safety concerns are taken care of, more people can take to this activity.

    In 2012, the Office of the Chief Coroner for Ontario published a Cycling Deaths Review which was an extensive and intensive study of safety and cycling in the province. The review also looked at the types of safeguards required to make cycling safe- adoption of a “complete streets” approach, awareness and education, the use of helmets/protective gear, truck side-guards, designated cycling tracks, one-meter passing rules, etc. and the political and practical ramifications of these.

    How Accidents are Caused

    There could be a number of reasons why cycling accidents happen. Among them are:

    • Day of the week
    • Time of day
    • Age and sex
    • Time of year
    • Light and visibility conditions
    • Road conditions
    • Cyclist’s contributory actions
    • Distractions
    • Alcohol/drugs
    • Inexperienced driver
    • Negligence of other parties

    Legal Aspects of Cycling Death

    Cycling accidents can result in serious injuries since they are usually caused by a direct hit by a larger vehicle. Serious trauma to the limbs, torso, brain, spine and face/head can result in life-changing situations. Fractures, internal bleeding and broken bones could also be of a serious nature. When a cycling death occurs, it can have a devastating effect on the social circle of the victim.

    If you or the victim of a cycling accident does not have personal insurance, it is possible to claim benefits from the insurance company of the other driver’s insurance company. Cyclists are entitled to the same benefits as passengers involved in a car accidents are eligible for. Both mandatory benefits and a tort claim can be sought in Ontario under the Statutory Accidents Benefits Schedule (SBAS). Cyclists can also claim benefits from their auto insurance company even if they weren’t using their cars at the time of the accident. If neither party has insurance, claims can be made from the Motor Vehicles Accident Claims (MVAC) fund administered by the provincial government.

    Benefits

    Cyclists injured in an accident can claim a range of benefits. These include:

    • Income replacement
    • Medical benefits not covered by the Ontario Health Insurance Plan (OHIP)
    • Rehabilitation
    • Care-giver
    • Long-term and future medical expenditure
    • Non-earner
    • Attendant care
    • Visitor expenditure
    • Home care and modification
    • Housekeeping
    • Home Maintenance

    Claims can also be filed by our long term disability claims lawyer under the Family Law Act under some of these heads:

    • Loss of guidance, care and companionship
    • Value of nursing by family member
    • Loss of income and prospects
    • Housekeeping by family member
    • Reasonable expenses on behalf of the injured

    In case of cycling death, the family can also claim

    • Loss of guidance/care/companionship
    • Loss of shared or family income
    • Loss of the household value of the person
    • Loss of Handy-man services that the person provided
    • Funeral/burial/death-related expenses

    How Our Accident Attorney Can Help

    Our firm offers the services of a no-obligation, free consultation injury lawyer who can study all aspects of your case and provide you with a genuine appraisal of your claim. Further, we can assist you with the paperwork, filing your claim within the right time-frame and examine the circumstances of the accident thoroughly to back your claim.

    As personal injury attorneys who understand the local conditions, we are able to conduct our own independent investigation into the circumstances of your case. We have the resources to put together a strong case which consists of expert testimony, photographic and documentary evidence, eye-witnesses if any. When death occurs, our accident attorney can assist surviving family members by providing them with legal representation so that their rights are safeguarded and that they receive the maximum favorable outcome. `

    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.

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