Burlington Injury Lawyers

Burlington injury lawyers are available to help you with your legal issue today! Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington lawyers.

We also practice in family law, business law, and real estate law.

Our office is located at 562 Maple Ave #300, Burlington, ON L7S 1M6

Our Burlington injury lawyers can also meet you at any of the following four additional offices:

  • Vaughan
  • Collingwood
  • Downtown Toronto
  • Newmarket

You only pay our injury lawyers when you win!

Get to know our Burlington injury lawyer, Ross Mirian

During the rainy months, I am a proud cycle commuter (during the summer, I like to enjoy the sun and walk). In my younger years, I was a bit reckless when it came to observing the rules of the road. I was hit three times, but never hurt.

Now, after working in personal injury law for a number of years, I have seen the disastrous physical damage that a cyclist can suffer from an accident and have become an extremely defensive cyclist. It is no secret that when a cyclist and motorist are in an accident, the cyclist is going to take the brunt of the damage regardless of whose fault it was.

Cyclists are subject to most of the same rules and regulations as motor vehicles. This has some perks – despite what some impatient motorists might feel, you have a right to occupy space in the roadway.

For example, you can take up a whole lane if there isn’t enough room for you to safely stick to the shoulder. There are also restrictions on what you can safely and legally do. For instance, you have to stay on the right side of the road (apparently, 10% of cyclist-motorist accidents are caused by cyclists riding on the wrong side of the road), signal your intentions, and make yourself visible at night.

Failure to observe the rules of the road not only increases the likelihood that you will be in an accident, it could also significantly limit your ability to claim damages from the driver who hit you. If you have hit someone, contact one of our Burlington Injury Lawyers right away!

For example, in Dobre v. Langley, the plaintiff was a cyclist who was struck while cycling through a crosswalk. The plaintiff had stopped at the crosswalk to activate crossing lights and then looked to the left where he saw the defendant’s vehicle approaching.

Burlington injury lawyers

Satisfied that he had time to cross, the plaintiff hopped back on his bike and started cycling through the crosswalk. The plaintiff misjudged the defendant’s distance and speed and the defendant struck him in the rear tire.

The plaintiff was significantly injured with permanent damages to his dominant hand. The judge assessed his damages at over $135,000. However, the judge noted that cyclists are required by the Motor Vehicle Act to dismount if they want to take advantage of a pedestrian crosswalk.

By failing to do so, the plaintiff was partially to blame for the accident. The judge discounted his award by 15%. The plaintiff’s small decision to bike rather than walk across the crosswalk cost him over $20,000 (not to mention the serious injury).

ICBC tries to reduce accidents

ICBC (in British Columbia) publishes a handy guide for cyclists looking to safely join traffic on BC’s public roads (www.bikesense.bc.ca). It is worth having a read for anyone riding in traffic, both to keep yourself safe and to protect your legal rights if you are struck by a vehicle.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington lawyers.

If you are hit, it is crucial that you do the same things you would do after an accident involving two vehicles – exchange contact information, get the names of witnesses, call emergency services if necessary, etc. Also, make sure to contact one of our Burlington Injury Lawyers.

Burlington Injury Lawyers

When people think of personal injury law and cyclists, I’m sure they mostly think of cyclists getting hurt in accidents with motor vehicles. This is, unfortunately, a common occurrence. When a bicycle and car collide, the cyclist is likely to take the brunt of the collision regardless of whose fault it was.

However, as more and more people abandon their cars and hop on their bikes to get around, it is inevitable that some cyclists will make mistakes and cause collisions either with other cyclists or pedestrians. This raises a real risk that cyclists or pedestrians could find themselves injured by the negligent actions of a cyclist. I am thinking, in particular, of the number of times I see cyclists weaving through pedestrians on Victoria’s busy sidewalks despite s. 183(2)(a) of the Motor Vehicle Act, which prohibits bicycles from sidewalks.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington lawyers.

If you find yourself injured by a person on a bicycle, a person injury case may not be as straight forward as if you were injured by a person driving a car. A minimum of $200,000 in third party liability insurance is mandatory for people driving in British Columbia, even out of province drivers. There are also provisions in the Insurance (Vehicle) Act to protect people who are injured by unidentified or uninsured drivers.

Third party liability insurance

Third party liability insurance is not mandatory for cyclists. That said, many cyclists will be insured by their tenant or homeowner insurance policy for causing personal injury or property damage while cycling (I know I am!). For most personal injury cases, the existence of an insurance policy is a crucial piece of the puzzle to get an injured person a fair recovery.

Burlington Injury Lawyers

So, if you have been injured, or do get injured, by a negligent cyclist, it is important to take the same steps you would think to take if you were injured in a motor vehicle accident – get the names and contact information of witnesses and, if the accident is serious or the cyclist flees the scene, call the police.

If the negligent cyclist does indeed have a responding insurance policy, you will put yourself in the best possible position to pursue a personal injury claim.

On the flip side, my fellow cyclists should consider whether their insurance situation would cover them if they were sued for negligently operating their bicycle causing personal injury or property damage, especially if they plan on biking on sidewalks.

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