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  • Head Injuries Sustained By Cycling Accident Victims: Whose Liability?

    July 20, 2017

    Brampton personal injury lawyers know from experience that cycling accidents usually take a heavy toll on cyclists. On June 12, 2017, a 17-year old girl suffered serious injuries when she lost control of her bicycle and crashed the bike. She was part of a group of teenagers who were riding downhill at Chinguacousy Park in Brampton at night. The youngsters were riding on a trail located at the back of a popular ski hill. The victim was rushed to emergency care trauma center where her condition remains life-threatening.

    Regional Police Constable Robert Fischer opined that although cycling is a great sport, he would like to remind everyone that they should ensure that they have the proper safety items with them, including a bicycle helmet, even when they’re off the road.

    Cyclists are perhaps the most vulnerable of road users. 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.

    What Causes Cycling Accidents?

    Hundreds of people in Ontario visit ERs 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.

    Statistics show an alarming rise in cycling accidents. The reasons are not hard to find.

    • 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

    Who’s Liable?

    Unlike motor-vehicle drivers, cyclists aren’t required to carry insurance. Under Ontario laws, both motorists and cyclists are covered by the Statutory Accident Benefits Scheme (SABS) regardless of fault. A brampton car accident lawyer can help you with the claims process.

    Cycling is a billion dollar industry in Canada. More than 65% of Toronto residents own at least one bicycle, as it is an extremely bicycle-friendly city. The Occupier’s Liability Act (OLA) governs municipal liability for accidents occurring on locations other than highways or roadways and the municipality has a duty of care to ensure that the premises remain in a state of reasonable safety.

    However, the duty of care is restricted when it comes to recreational trails. If the cyclist had exercised due safety on such trails, or not acted recklessly, the OLA can be invoked only partially, based on the circumstances.

    Our 24 hour injury lawyers can assess your case and provide you with a genuine, swift and comprehensive evaluation.

  • Head Injuries Sustained By Cycling Accident Victims: Whose Liability?

    July 20, 2017

    Brampton personal injury lawyers know from experience that cycling accidents usually take a heavy toll on cyclists. On June 12, 2017, a 17-year old girl suffered serious injuries when she lost control of her bicycle and crashed the bike. She was part of a group of teenagers who were riding downhill at Chinguacousy Park in Brampton at night. The youngsters were riding on a trail located at the back of a popular ski hill. The victim was rushed to emergency care trauma center where her condition remains life-threatening.

    Regional Police Constable Robert Fischer opined that although cycling is a great sport, he would like to remind everyone that they should ensure that they have the proper safety items with them, including a bicycle helmet, even when they’re off the road.

    Cyclists are perhaps the most vulnerable of road users. 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.

    What Causes Cycling Accidents?

    Hundreds of people in Ontario visit ERs 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.

    Statistics show an alarming rise in cycling accidents. The reasons are not hard to find.

    • 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

    Who’s Liable?

    Unlike motor-vehicle drivers, cyclists aren’t required to carry insurance. Under Ontario laws, both motorists and cyclists are covered by the Statutory Accident Benefits Scheme (SABS) regardless of fault. A brampton car accident lawyer can help you with the claims process.

    Cycling is a billion dollar industry in Canada. More than 65% of Toronto residents own at least one bicycle, as it is an extremely bicycle-friendly city. The Occupier’s Liability Act (OLA) governs municipal liability for accidents occurring on locations other than highways or roadways and the municipality has a duty of care to ensure that the premises remain in a state of reasonable safety.

    However, the duty of care is restricted when it comes to recreational trails. If the cyclist had exercised due safety on such trails, or not acted recklessly, the OLA can be invoked only partially, based on the circumstances.

    Our 24 hour injury lawyers can assess your case and provide you with a genuine, swift and comprehensive evaluation.

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