Toronto Personal Injury Lawer Blog - Findlay Law

A bicycle is considered to be a vehicle, not a pedestrian. As such, they have the same rights and responsibilities as any other driver. In most motor vehicle-bicycle accidents the motor vehicle driver is at fault, due to inattention, or negligence in not observing carefully. In other words, the driver didn't notice the bicyclist or failed to give the bicyclist proper right of way.

Bicyclists are responsible to ride safely, and abide by any prevailing bicycling laws, as well. They are responsible to pack or load their bikes safely, wear helmets as required by law or if under the age of 18, and use proper hand signals to indicate their intentions. Be predictable and visible, and communicate your intentions as clearly as any motorist is expected to do.

Maintain your bicycle, especially the brakes and tires. Make sure you have reflectors, your headlights work, and wear clothing that is reflective at night, or brightly colored to make you more visible. While a helmet may be optional under some circumstances, be aware that head injuries are the most common and serious injury bicyclists experience.

Although motor vehicle drivers are required to give bicyclists the same considerations they would give any other driver, it's wise to be cautious, and consider that sometimes drivers cannot see bicyclists as well as motorists.

If you have been involved in a bicycle accident, you should contact legal counsel as soon as possible. The lawyers at Findlay Law Offices have experience in claims involving bicycle accidents and are ready to help. Please contact the experienced personal injury attorneys at the Findlay Law Offices in Hamilton, Ontario today to schedule your initial consultation.

The Statutory Accident Benefits Schedule (SABS) is a regulation made under the Insurance Act. This regulation provides specific benefits to qualified victims of accidents. If you qualify for benefits, they will be determined by the nature and extent of your injuries and the impact the injuries will have on your life.

Insurance companies create obstacles to claiming your benefits, often trying to deny, or reduce the amount of damages awarded you, or reduce the time period over which they will be paid to you. For this reason, you need a lawyer experienced in dealing with insurance companies. Their experience and expertise can cut through the red tape to win you the damage award you need to pay for the care, treatment and replace income that was lost due to an accident.

The no-fault insurance laws cause a little confusion, because the insurance companies will determine the degree of fault each driver contributed to the accident. This is completely independent of the police officer’s determination of fault, who may determine that an accident was unavoidable by either driver.

The Fault Determination Rules, which describe more than 40 accident situations with diagrams and scenarios, are used to most closely describe each accident. Factors such as weather, visibility, pedestrian actions or other circumstances are not taken into consideration. If none of the scenarios describe your accident, then the ordinary rules of negligence law will prevail.

If you have suffered injuries as a result of an accident you will need the expertise of lawyers experienced in investigating accident claims, and working with insurance companies to help you obtain benefits sufficient to cover your losses. The Findlay Law Offices in Hamilton, Ontario have the experience you need.

Before you can choose a bicycle accident attorney, do your homework and identify who specializes in your type of claim. Most attorneys and legal firms practice in specialized areas of law. Begin by looking up injury lawyers in the phone book or through an Internet search. Review their sites and arrange a consultation.

Take time to assemble the facts about your accident so that you are prepared to give your attorney a clear description of what happened. Prepare questions that will help you understand whether the counselor you meet with has experience and success in winning claims of your type, and will help you understand your rights and responsibilities regarding your specific claim. Ask specifically about bicycle accident claims, years of experience, success rates and expectations. Ask also about how long claims take, costs for representation, and what, exactly, is involved with the investigation.

If you or a loved one has been injured in a bicycle accident, don't delay in contacting an injury lawyer experienced in this type of claim. The lawyers at Findlay Law Offices in Hamilton, Ontario are experienced in personal injury law, and can help you recover damages and other benefits due you from injuries sustained as a victim of a bicycle accident.

The Hurt Study statistics revealed that 92% of motorcycle accidents involved motorcyclists who learned to ride from family, friends or by themselves - all non-professional training sources. Over half of all motorcycle accidents involve motorcycle riders with less than five months of experience and who were self-trained or under-trained riders.

Obviously, one of the most important safety efforts motorcyclists could make would be to get adequate training before riding a motorcycle in common traffic situations. Other safety measures you might take include:

• Be aware that motor vehicle drivers cannot always see motorcycles, especially after dark, when about 60% of motorcycle fatalities occur. Make sure you are as visible as possible to other drivers. Use headlights during day and night and wear brightly colored or reflective clothing.
• Invest in professional training to learn skills and driving tips your family and friends may not know about.
• Be aware of bad road conditions: uneven lanes, potholes, lack of divider, tire treads and other debris on the roadway.
• Be aware of how your motorcycle handles and stability at different speeds.
• Don't drive after any amount of alcohol consumption, and be alert to other drivers who may have been drinking.
• Adjust your driving to weather conditions.
• Wear protective clothing and a helmet.

Taking appropriate safety measures not only reduces your risk of having an accident, it may lessen the injuries you suffer, should you be involved in one. If you have been involved in a motorcycle accident in Ontario, you should get legal advice as soon as possible. Call the experienced accident lawyers at Findlay Law Offices for more information and a free consultation.