In a cycling collision, liability is immediately a major concern. Who’s at fault in a bicycle accident? Answering this question is of equal importance for the cyclist, driver, pedestrian, and other users of the road. Determining fault is not always simple. Each case hinges on the specific facts, Quebec’s Highway Safety Code, and relevant civil liability case law.
A bicycle accident can result not only in material damage, but also in serious, even permanent, physical harm. For a bicycle accident victim to be eligible for compensation, it is absolutely necessary to accurately determine who is at fault. Our bicycle accident lawyers explain.
Accident between a bicycle and a car: shared obligations
In Quebec, cyclists are bound by the same traffic rules as motorists, whether or not they are using an electric bike. On the other hand, motorists are obliged to share the road with cyclists.
Following a collision between a cyclist and a vehicle, law enforcement or insurers will investigate which party did not behave appropriately. To determine liability, they will examine all details related to the accident. Fault in a collision can be either one-sided or shared and is always determined by examining any failure to follow legal obligations under the Highway Code or a lack of reasonable care.
When is the motorist at fault?
A vehicle driver can be held liable if they do not follow safety rules concerning cyclists. Fault is often accepted in the following cases:
- Changing lanes without checking their blind spot, especially if there is a cycling path adjacent.
- Opening a car door without verifying whether a cyclist is approaching. This offence is common in curbside parking areas.
- Turning right and cutting off a cyclist, either in a reserved cycling lane or travelling in the same direction on the road. The driver is responsible for yielding to the cyclist.
- Not respecting the one-meter minimum passing distance. This rule is designed to reduce the risk of a side collision.
- Failure by the driver to obey a traffic signal, such as a red light or stop sign.
In these scenarios, the driver may be found fully responsible. Victims are then entitled to compensation, either by filing a claim with the at-fault party’s insurer or through civil action. For severe injuries, medical records and witness statements are often critical.
When is the cyclist at fault?
Cyclists can also be held liable if they break traffic rules or behave recklessly. Here are typical situations in which a cyclist will be held at fault:
- Failure to obey traffic signs, such as crossing at a red light, failing to stop at a mandatory stop sign or failing to give way when required.
- Going in the wrong direction, especially in a one-way lane. Cyclists, like other vehicles, must travel in the direction of traffic.
- Failing to signal in advance of changing direction or other manoeuvres. For example, turning without using the correct arm signal.
- Cycling outside cycle paths, when these are available and accessible (unless there is an obstacle or objective danger).
- Using excessive speed in urban areas, especially at intersections or in shared zones.
Cyclists can also be held partially at fault if they have contributed to an accident, even if they are the most physically vulnerable party. While contributory fault doesn’t automatically prevent compensation, it does decrease the amount awarded based on the degree of responsibility assigned.
Collision between a bicycle and a pedestrian: who’s at fault?
Contrary to popular belief, cyclists don’t always have priority. Cyclists are generally in breach of the law if they are on a sidewalk, unless they are under 14 years of age or walking alongside their bike. If they hit a pedestrian on a sidewalk or in a crosswalk, they will almost always be found liable.
On a shared multi-use path, it can be harder to determine who is responsible for an accident. If a pedestrian swerves suddenly without warning, they can be held partially responsible. If the cyclist was travelling at excessive speed or did not give any warning of their approach, they could be found responsible. It all depends on individual behaviour and the evidence available.
Bicycles and accidents involving obstacles: municipal liability
A cyclist can also be injured without another user being involved. An unmarked pothole, a slippery metal plate or a poorly designed bicycle lane can lead to serious falls. In these situations, responsibility may lie with the city or the organization responsible for maintenance.
Case law recognizes that a municipality has a duty to maintain its roads and bike paths in a safe manner. If it fails to do so, the municipality can be held liable. However, these situations are complex, as the law also grants the municipality certain protections. Proof of obvious negligence or a known maintenance defect that wasn’t fixed within a reasonable timeframe is required.
Accident between two cyclists: who should be compensated?
Sometimes, two cyclists collide. As with any accident, the behaviour of the two cyclists must be assessed: speed, distance, respect for road signs, use of the horn or bell, etc. Cyclists who fail to obey the rules, or who act recklessly, may be held liable.
When the personal or moral injury is serious, a civil action may be brought against another cyclist. These cases are handled by the civil courts, and are based on the same principles of proof and liability as motor vehicle accidents.
What to do after a bicycle accident: evidence and report
Recognition of fault is highly dependent on evidence. Therefore, it is always advisable to photograph the scene, collect witness information, and, if possible, create a written or verbal account with the other party involved.
A police report is also useful, especially in cases of personal injury. It will help establish the circumstances and protect the rights of the parties.
In civil matters, the victim must demonstrate that the other party has committed a fault, that this fault has caused damage, and that there is a direct link between the fault and the damage. This is the basis of all extra-contractual civil liability claims in Quebec.
What compensation is available in the event of a bicycle accident?
Once fault has been established, the injured party can claim compensation for physical and psychological damage. This compensation can cover loss of income, medical expenses, pain and suffering, permanent after-effects and sometimes the impact on family or professional life.
Recourse may be taken against a private insurer, the perpetrator or, in some cases, a municipality. Each case is unique. Amounts vary according to circumstances, the severity of any injury and medical evidence.
Cyclists may also have access to coverage through their own home or accident insurance. It’s a good idea to contact your insurer as soon as possible to find out how much coverage is available.
How do I claim compensation for personal injury following a bicycle accident?
Before making any claim, and if an amicable settlement is not possible, you will need to establish a clear link between the fault and the injury. The cyclist or any other victim must demonstrate three elements: fault, damage, and a causal link between the two. This demonstration must be based on medical reports, testimonies, statements of facts, expert reports and any other document proving the facts and the impact of the accident.
If the accident involves a motor vehicle, the claim may be directed to the Société de l’assurance automobile du Québec (SAAQ) or to the liability insurance of the driver of the vehicle at fault. In the latter case, a formal notice is often sent first, followed by legal action if no settlement is reached.
If the offender is another cyclist or a pedestrian, the action is taken in civil liability, generally before the Court of Quebec or the Superior Court, depending on the amount claimed. Prescription periods are generally three years from the date of the event.
Recourse against municipalities is more complex: it must be shown that the municipality knew or should have known of the danger, and that it failed to act within a reasonable time. A written notice must be sent to the municipality within 15 days of the accident, otherwise the right to compensation may be compromised.
In some cases, coverage is also available through personal insurance: home insurance, civil liability insurance, accident insurance, contractual protection linked to a credit card or an employer’s plan. Some of these insurances allow you to receive a lump sum without having to prove the fault of a third party.
Call on the services of a specialist lawyer in the event of a bicycle accident involving personal injury
An accident where a cyclist is at fault – or whose fault is shared – raises a number of legal questions. Who should be compensated? How do you prove fault? Which pieces of evidence are relevant? What actions can still be taken months after the event?
The health lawyers at the Medlégal law firm offer support to victims injured in bicycle accidents. They will assess your case free of charge and can help you assert your rights. We have extensive experience in civil remedies, claims against insurers and litigation involving municipal liability. If you’ve been injured in a bicycle accident, or if you don’t know who’s at fault, contact our personal injury lawyers.
