Bicycle Accident
Attorney
Support for victims of cycling accidents
A bicycle accident can have serious physical and psychological consequences. Regardless of their level of experience, cyclists face real risks on both city streets and off-road trails. Crashes with cars, falls on badly maintained roads, or accidents with other cyclists can cause serious, lasting injuries. If you are the victim of a serious bike crash, you could be eligible for compensation. Call on a specialized bicycle accident lawyer to support you and help you assert your rights throughout the process.
When can you submit a claim?
Before starting a claim following a bicycle accident, you must be able to demonstrate that:
– A fault was committed by another person or entity: For example, a driver who doesn’t follow the rules, a careless pedestrian, or another cyclist.
– Damage was caused: This may be physical or psychological.
– The damage was clearly caused by the fault: The damage must be a direct result of the accident.
Courts often decide who’s at fault based on what any reasonable person would do under the same circumstances. A municipality may also be held liable if poor road maintenance (potholes, missing signs) caused the accident. On the other hand, if no third party is at fault, you may have limited options.
What recourse do you have in the event of a bicycle accident, and who should you contact?
As the victim of a bicycle accident, you have several options for obtaining compensation:
1. File a claim with the insurer of the person responsible for the accident: If a motor vehicle is involved, insurance usually covers harm done to the cyclist.
2. Take legal action: If there is a disagreement or you think that you have not been offered adequate compensation, a lawyer can help you fight it.
3. Contact your own insurance company: Some home or health insurance policies will cover injuries sustained in a bicycle accident, even off-road.
In all cases, contacting a bicycle accident lawyer is the best way to get support and guidance, and to defend your rights.
What to do depending on the type of accident
Accident with a motor vehicle
Bicycle accidents involving motor vehicles, such as cars, trucks, or motorcycles, are subject to specific regulations governing road safety and compensation for road accident victims. In Quebec, the Société de l’assurance automobile du Québec (SAAQ) plays a central role in the personal injury compensation process.
The SAAQ offers a no-fault insurance plan, which means that anyone injured in an accident involving a motor vehicle can obtain compensation, no matter who is responsible. This includes cyclists involved in road accidents. Although the SAAQ compensates bodily injury regardless of fault, civil recourse may be available against the driver at fault for damages not covered by the SAAQ.
Accident involving a pet
A cycling accident involving a pet, such as a dog or cat, can result in serious injury. This often happens when the animal runs across a road or path or isn’t on a leash. If you are the victim of a cycling accident involving an animal, you might be able to sue, but it depends on who’s at fault.
In Quebec, the pet owner is held liable for damage caused by the animal unless they can demonstrate that they were not at fault, or that the incident was unforeseeable. This principle is based on article 1466 of the Civil Code of Quebec, which stipulates that an animal’s guardian is presumed liable for damages caused by that animal.
Accident with another bicycle, scooter or pedestrian
Accidents involving two cyclists, a scooter or a pedestrian are becoming increasingly common, especially in urban areas where so many different vehicles share the same spaces. These types of accidents are generally governed by civil law, and liability is based on an assessment of fault.
The person causing the accident may be held liable if they behaved in a careless or negligent manner. For instance, a cyclist riding recklessly or a pedestrian crossing carelessly may be held liable. Courts often decide who’s at fault based on what a reasonable and careful person would do. If the other road user’s behavior the cause of the accident, they may be held civilly liable, which paves the way for your claim. A competent lawyer will be able to prove who is at fault and obtain compensation.
If the victim caused the accident
Even if you are responsible for causing the bicycle accident, you could still receive compensation, especially if there are other factors or other responsible parties involved. It is not always clear who’s to blame, and it may be possible to mitigate liability by demonstrating that other factors contributed to the incident. This is one reason why it is important to consult a specialized bicycle accident lawyer. An experienced professional will be able to analyze your specific situation, help you identify all possible avenues of recourse and maximize your chances of receiving fair compensation for the damages suffered.
What types of damages are recoverable in the event of an accident?
A bicycle accident can result in a variety of injuries, some of which are eligible for compensation. Here are some common examples:
– Physical injuries: fractures, head injuries, contusions, serious injuries requiring surgery.
– Psychological damage: post-traumatic stress, anxiety or depression following the accident.
– Economic losses: inability to work, loss of income, medical expenses not covered by insurance.
To obtain full compensation, it is important to carefully document all the losses suffered. A bicycle accident lawyer will be able to assess your injuries and negotiate the compensation to which you are entitled.
What should I do after a bicycle accident?
There are several steps you should take following a bicycle accident to maximize your chances of obtaining compensation:
1. Seek medical attention: Have your injuries assessed promptly and keep all medical documents (reports, invoices, receipts).
2. Gather evidence: Take photos of your injuries, the accident site and property damage.
3. Contact your insurance company: Inform your insurer of the accident and provide them with the evidence you have collected.
4. Find a lawyer: Someone who specializes in this field will be able to advise you and help you through the process.
5. Send a formal notice: With your lawyer’s help, send a formal notice to the responsible party to claim compensation.
6. Collaborate with insurers: Respond to requests for information, while remaining vigilant about the proposals made.
7. Take legal action if necessary: If no agreement is reached, your lawyer can take legal action.
These steps may take some time, but they are essential if you want to be fairly compensated.
Is there a deadline for filing a claim?
In Quebec, the time limit for taking legal action or making a claim following a bicycle accident is generally three years. However, it’s best to act quickly, as some evidence can disappear over time, and the administrative steps involved can be complex. A competent lawyer can help you meet these deadlines and avoid any mistakes that could jeopardize your case.
Why turn to a personal injury lawyer?
There are many advantages to hiring a personal injury lawyer who specializes in bicycle accidents:
- Legal expertise: Specialized lawyers know the laws surrounding bicycle accidents and the strategies for obtaining maximum compensation.
- Precise assessment of losses: A lawyer can identify injuries eligible for compensation, even those that may not be immediately apparent.
- Managing the process: From negotiating with insurers to representing you in court, a skilled lawyer takes care of everything.
- Personalized support: Every accident is unique, and a lawyer can provide advice related to your specific situation.
With a lawyer at your side, you maximize your chances of obtaining the compensation you deserve.
Do you need a bicycle accident lawyer? We can support you in your claim
At MedLégal, we understand the challenges faced by bicycle accident victims. Our personal injury lawyers have extensive experience in handling both on-road and off-road accident cases, including serious injuries and long-term after-effects. Why choose our firm?
- Recognized expertise: Professionals specializing in bicycle accidents and personal injury.
- Personalized, human approach: Customized support adapted to each situation.
- Proven results: Proven expertise in obtaining fair compensation for our clients.
- Network of experts: MedLégal works with experts in the health field to assess and justify claims.
If you’ve been the victim of any type of bicycle accident, make an appointment now. We’ll analyze your case in detail and do everything we can to help you assert your rights.