Bicycle Accident Lawyers Edmonton

Particularly in the warmer spring and summer months, cycling provides many Edmonton residents the opportunity to enjoy the sunshine, exercise outdoors, commute to work in an environmentally conscious way, and participate in a recreational activity with family and friends. Unfortunately, riding a bicycle comes with risks that are often unavoidable.

Bicycle accidents resulting in injuries and wrongful deaths are tragic occurrences that have led Edmonton to be named one of the most dangerous cities to cycle in across the country. Recently, serious cycling injuries have spiked across the province with a one year-over-year increase in emergency room visits of 48%.

In 2021, there were 158 motor vehicle accidents involving cyclists in Edmonton causing 1 cyclist fatality and 140 cyclist injuries. Of the 140 injuries:

• 69.5% (98) were struck by drivers while they were cycling properly and had the right-of-way.
• 30.5% (43) were caused by cyclists who were deemed to have committed errors or violations.

This statistic tells us that most bicycle accidents in Edmonton are caused by negligent drivers. This is concerning for several reasons. First, cyclists are less protected and more vulnerable to serious injury. A minor, low speed accident that otherwise may not result in serious injury can be catastrophic with a cyclist. Second, serious bicycle accidents in Edmonton continue to be a problem, year after year. This raises the question of whether enough is being done to protect cyclists in the city.

An overview of how bicycle accident lawsuits work in Edmonton

Under the Traffic Safety Act, bicycles are considered vehicles. This means cyclists must obey all traffic rules like cars. There is however an important difference between cases involving a bicycle and a vehicle than compared to an accident involving 2 cars.

In a typical accident, the injured person must prove the defendant was negligent and caused the injury. When the injured person is a cyclist, there is a presumption that the driver was at fault. If the driver disagrees, they have the legal burden of proving their innocence or that the cyclist was partly at fault. This is called reverse onus and gives a cyclist an advantage in a legal case.

The advantage however is not absolute. If it is proven the cyclist failed to take reasonable steps to avoid the accident or their injuries, the value of their claim can be reduced. Some factors that are commonly considered include:

• Paying attention to the road: cyclists can also be distracted. This can include being on your phone or listening to music while riding.
• Crossing the street: failing to dismount your bike while crossing an intersection can impact your case.
• Visibility: as a cyclist, it is your responsibility to be seen. Riding at night or in bad weather while wearing dark, non-reflective clothing can hurt your case.
• Helmet: if you are not wearing a helmet and injure your head, you may have worsened your injury.

Liability is the legal term for who is legally responsible for an accident. In addition to proving liability, the damages, or the value of the case, also need to be proven. Even where liability is accepted by an insurance company, the assessment of damages is almost always contested. A common litigation strategy used by insurance companies is to minimize the impact your injuries have and will continue to have on your life. This is one of the many reasons it is important to consult an experienced bicycle accident lawyer who can help you get the compensation you deserve.

Common injuries from bicycle accidents

Many car accidents happen where there is damage to the vehicle but no injuries to the drivers or passengers. This is because vehicles are engineered to absorb impact. Bicycles don’t have bumpers, airbags or other safety mechanisms. Cyclists are vulnerable – even while wearing protective gear and can sustain very serious injuries. Common injuries include:

• Head injury: this can be a cut the forehead or a traumatic brain injury, including concussions. Wearing a helmet can substantially reduce the risk.
• Knee injury: due to the positioning on a bicycle, the knees are often in an exposed and vulnerable position and can be one of the first points of contact during an accident.
• Spinal cord injury: a cyclist can fall on their spine, causing a spine fracture, nerve damage, or damage to discs in the spine. These injuries can cause permanent damage, and in the most serious cases, leaving victims with reduced motor function.
• Facial injuries: cyclists sometimes land head-first. Most helmets won’t protect your face, leaving cuts and bruises, sometimes requiring stitches. Cyclists can also fracture any of the 14 bones in the face.
• Dental injuries: teeth can be broken, chipped or completely dislodged.
• Soft tissue injuries: depending on the mechanics of the accident, it is common to see cyclists sustain soft tissue injuries throughout the entire body.
• Psychological Injuries: post-traumatic stress disorder and anxiety are common disorders seen after a serious bicycle accident. Other psychological issues may develop overtime such as depression.

The severity of bicycle accident injuries can vary. Sometimes, injuries may even take months or years to develop. That’s why our lawyers are trained to not just seek compensation for what you need now, but also consider what you’ll need for your long-term future. The reality is serious bicycle accidents can result in serious injuries that may impact your ability to live in the manner you did before the accident happened. At Preszler Injury Lawyers, we work with medical experts and vocational and occupational health experts when advancing your bicycle accident claim. Let us put our experience to work for you. Contact our Edmonton bicycle accident lawyers for a free consultation today.

What types of compensatory damages are available for bicycle accident victims?

All injured victims of motor vehicle accidents should be able to recover Section B benefits, regardless of who was responsible for the collision. That means an injured bicycle accident victim could be eligible for insurance coverage to help offset their injury-related costs. However, because the injuries sustained in bicycle accidents are often severe and costly, the benefits available through insurance providers may not provide sufficient compensation.

When the accident is caused by someone else, the losses not covered by Section B benefits can be claimed through a lawsuit. There are 2 main areas of compensation in a bicycle injury lawsuit. The first is pecuniary damages and the second is non-pecuniary damages, commonly referred to as pain and suffering or general damages.

Pecuniary damages can include the following types of losses:

• Income loss. Lost income, benefits, and pension due to an accident.
• Future loss of earning capacity: An injury can change the direction of your job. This includes lost opportunities, future loss of income, and losing your competitive edge because of an injury. In many cases, this loss can be calculated until the age of likely retirement.
• Medical costs. This includes money spent on medical treatments, doctor’s appointments, ambulance, medications, and other medical devices.
• Future care. Medical treatments that you may need in the future due to accident-related injuries.
• Housekeeping expenses. If your injuries prevent you from doing your household chores as you did them before an accident.

The word pecuniary means something involving money. But an accident can take more than just money from you and your family.

Non-pecuniary damages, also referred to as general damages, are intended to compensate you for your pain and suffering, emotional distress, and how the accident has and will continue to impact the enjoyment of your life.

The key to a fair assessment of non-pecuniary damages is to assess your level of impairment or how your pre- and post-accident life has changed.

It is important to have the right evidence in your case to prove the extent of your pecuniary and non-pecuniary damages. This can come in the form of medical records, expert reports, witness statements, and more. Getting the right evidence can be the difference between a good and a great case. This is one of the reasons why it’s important to have an Edmonton bicycle accident lawyer on your side

How a bicycle accident lawyer can help with your bicycle accident claim

From investigation to negotiation, our Edmonton bicycle accident lawyers can help with both your recovery and fair compensation. Our team can help with ensuring the insurance company covers Schedule B benefits including medical treatments, out-of-pocket medical expenses, and disability payments if you are unable to work.

Schedule B benefits very rarely cover the full extent of your losses, which is why a lawsuit can be the main way for you to claim compensation for things like pain and suffering, past and future income loss, loss of housekeeping capacity, future care costs, and out-of-pocket expenses. The lawsuit is not only about the immediate aftermath of the accident, but rather what impact the accident might have on the rest of your life. You only get “one kick at the can” when it comes to settlement – it’s important to do it right.

Book a Free Consultation With Our Edmonton Bicycle Accident Lawyers

Preszler Injury Lawyers have been fighting for Canadian families made victim to serious accidents since 1959. Our legal team can help you navigate the complexities of bicycle injury cases and get you the compensation you deserve for your serious injuries. We offer free, hassle-free consultations.

We operate on a contingency-fee basis which means you don’t pay us anything unless we recover compensation on your behalf. Get started with your free consultation. We are proud to serve clients across Edmonton and the rest of Alberta.

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