In an instant, a leisurely bike ride through Lethbridge can turn into a lifelong nightmare. When negligent drivers exhibit reckless, careless, or otherwise dangerous behaviour on the road, they put the lives of the most vulnerable road-users at risk. People who ride bicycles are among those most likely to be seriously injured or killed in a collision caused by a negligent driver.
According to the province’s Traffic Safety Act, the people who operate motor vehicles have a legal obligation to uphold a duty of care to everyone else on the road. If they fail to fulfill this duty of care and, instead, violate the rules of the road, their actions could have disastrous and deadly consequences. As such, if an injury-causing accident occurs as a result of a driver’s failure to uphold their legal obligation to the safety of others, the at-fault motorist could be considered negligent.
In this province, if a motor vehicle operator strikes a pedestrian or a cyclist, there is an automatic presumption of negligence. As such, in cases involving a collision between a motor vehicle and a bicycle, there is a reverse onus of proof on the driver. Unlike cases involving two motor vehicles (wherein the injured accident victim is required to prove the causal link between the at-fault driver’s negligence and the injuries they themselves have sustained in the collision), in bicycle accident litigation, the driver involved is automatically presumed to be liable.
However, the at-fault driver and their insurance provider may try arguing that the injured cyclist’s actions contributed to the conditions that led to the collision. If they can successfully prove the bicycle accident victim’s contributory negligence, the injured cyclist may be entitled to a substantially reduced monetary award.
Over the last few years, serious cycling injuries have spiked across the province. Sadly, there has been a year-over-year increase in emergency room visits of 48%. That means that, in just one year alone, 13,000 cyclists across the province have suffered the physical, emotional, and financial repercussions of a driver’s negligent actions behind the wheel.
After an injury-causing bicycle accident, the road to recovery can be challenging and expensive. And even though injured victims of motor vehicle accidents should be able to recover Section B benefits, the benefits available through insurance providers may not provide sufficient compensation. This is especially true for the victims of bicycle accidents; due to their relative lack of protection from the dangers of the road, collisions involving cyclists often result in more severe, life-altering injuries.
Our Lethbridge bicycle accident lawyers are passionate about helping injured survivors of traumatic collisions to get the fair treatment and compensation they deserve. To learn how our bicycle accident lawyers serving Lethbridge may be able to help you stand up for your rights, contact us today and book a free initial consultation.
During a free initial consultation on your case, our Lethbridge bicycle accident lawyers can review the circumstances of your collision with you and offer personalized legal feedback about courses of action you may be entitled to pursue. To speak with our bicycle accident lawyers serving Lethbridge, call Preszler Injury lawyers today and schedule your free initial consultation.
Since 1959, Preszler Injury Lawyers has been helping Canadians pursue meaningful compensation from insurance providers.
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