Bicycle accidents can be fatal events. Families can lose loved ones, communities can be irrevocably changed, and the lives of countless people can be profoundly impacted by the wrongful actions of a negligent motor vehicle operator.
According to the province’s Traffic Safety Act, all motor vehicle operators owe a duty of care to all other road-users – including cyclists. Failure to uphold this duty of care is considered driver negligence.
Although it should be expected that all drivers on Wood Buffalo’s roads and highways will obey local traffic laws, exhibit caution behind the wheel, and operate their vehicles in consideration of other road-users’ safety, many bicycle accidents continue to occur. And, owing to bicycle riders’ inherent vulnerability on the roads and their lack of protective measures, collisions with motor vehicles often have devastating repercussions.
Recently, serious cycling injuries have spiked across the province. Indeed, there has been a year-over-year increase in emergency room visits of 48%. This statistic demonstrates the abundance of driver negligence on our roadways, and the general lack of consideration for cyclist safety on our streets.
In bicycle accident cases in Alberta, there is a reverse onus of proof on the at-fault motorist. Motorists are automatically presumed to be negligent if they are involved in a collision wherein a cyclist or pedestrian is injured.
If two motor vehicles had been involved in a collision, the injured party would be required to prove that their injuries were caused by the other driver’s negligence in order to recover compensation. However, in cases where a motor vehicle strikes a bicycle, the motorist is automatically presumed to be responsible for the accident.
However, negligent drivers and their insurance providers still have the opportunity to try establishing that the injured cyclist was “contributorily negligent.” That means a negligent driver or insurer could try proving that the bicycle accident victim’s own wrongful actions were partially responsible for the collision.
If a negligent driver is able to prove that the cyclist they struck with their vehicle was contributorily negligent and, therefore, partially at-fault for the collision, the injured party may only be entitled to a reduced amount of damages, rather than the maximum amount they would otherwise be owed. That is why seeking legal assistance is so important, even if it appears as though the driver’s negligence was solely to blame for the incident.
Our Wood Buffalo bicycle accident lawyers have experience fighting on behalf of injured cyclists, and standing up for the rights of people who are simply trying to pursue the compensation they are rightfully owed. Our bicycle accident lawyers serving Wood Buffalo are familiar with the tactics often used to reduce the settlements offered to injured cyclists, and do our best to ensure they are granted fair compensation for their injuries. To speak with our Wood Buffalo bicycle accident lawyers, contact us today and schedule your free initial consultation.
During a free initial consultation on your case, our bicycle accident serving Wood Buffalo 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 discuss your options and learn more about working with our Wood Buffalo bicycle accident lawyers, call today and take advantage of your cost-free, no-obligation first meeting.
Since 1959, Preszler Injury Lawyers has been helping Canadians pursue meaningful compensation from insurance providers.
To speak with a member of our legal team today, book a free consultation. Our phone lines are open 24/7 and the best part is, you don't pay anything unless you decide to hire us and we successfully recover compensation for you. Yes that's right - you don't pay unless we win!