In Ontario, there are many bike riding opportunities for cyclists. It’s phenomenal exercise, and it’s also a great way to explore. You can ride around your neighborhood if there’s not much traffic, or you might find a local park with some bike paths.
Try as you might, though, it can be hard to find a place with no cars whatsoever. That means cars and bikes must sometimes share the road, and accidents can occur. As you might imagine, if a car hits a bike, it’s the cyclist who will probably get the worst end of that.
There are a few questions cyclists often ask car wreck lawyers in Ontario when you first go see them to discuss the possibility of suing a negligent driver. We’ll cover some of those queries right now, so you’ll know a little bit about what to expect if this unfortunate event ever occurs.
Is It My Fault or the Driver’s Fault if a Car Hits Me While I’m Riding My Bike?
The question of who’s at fault if a car hits a bike in Ontario is not always an easy one to answer. It will depend on several factors, but who has the right of way is usually the biggest one.
If you are on your bike, you’re crossing the street in a crosswalk with the light in your favor, and that’s when a car hits you, that’s a case that seems pretty obvious. You had the right of way, so if you sue the driver for pain and suffering, medical bills, lost wages if you can’t work, and so forth, there’s probably no reason why you shouldn’t win.
However, maybe the situation is the same, except you’re trying to cross the street in the crosswalk when the light is against you. In that case, the car’s driver has the right of way. They should still make every effort to stop if they see you in time, but if they don’t notice you fast enough and hit you, they can argue that you should not have tried to cross against the light.
In short, who’s fault a bike versus car collision is will depend on many factors, and you’ll have to discuss the particulars with a lawyer before they can tell you how likely it is you’ll win your case, should you decide to sue the driver.
Is a Consultation with a Lawyer to Discuss a Bike Accident Free?
This depends on the lawyer. If you call their receptionist on the phone to try to set up an appointment to discuss your accident, they can give you the answer.
Almost any lawyer will not charge you for a simple consultation, though. They might tell you after hearing you out that they don’t believe you have a case, and they’ve decided not to represent you, but they should not charge you for their time. After all, you haven’t signed any contract with them, so they don’t represent you yet.
What Kind of Compensation Can You Expect to Get in an Ontario Bike Accident Lawsuit?
If you’re cycling in Ontario and a car hits you, there’s no set amount that you can expect if you sue the driver and win your case. Again, many factors will come into play.
Your injury extent will matter. If you scraped your knee when you fell off your bike, it makes sense that your medical bills will be a lot less than if you broke both your legs. The greater the damages to your bike and your physical health, the more money you can reasonably expect to collect if you win your case.
Also, if the driver who hit your bike was going double the speed limit, your lawyer can probably argue that this individual was behaving recklessly. If the police give the driver a breathalyzer on the scene and determine they are over the legal limit, that further compounds their guilt. The more egregious the driver’s behavior, the more money you can probably collect.
Do You Have to Pay Your Lawyer Any Money Upfront?
The answer to this question depends on the attorney. However, many lawyers realize that they won’t bring in many clients in bike accident cases if they demand money upfront.
Instead, they may let you pay them on a contingency basis. This means you will only need to pay them if they win any money for you, and you will probably like this payment plan a lot more than the alternative.
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