Alberta boasts breathtaking scenery across the province, making it a haven for cyclists. However, the joy of cycling can be overshadowed by the unfortunate reality of bicycle accidents. These accidents can result in severe injuries, financial hardship, and emotional trauma for cyclists. As such, understanding your rights, obligations, and the legal landscape surrounding bicycle accidents in Alberta is crucial.
This blog post explores the key legal considerations for cyclists regarding bicycle accidents, potential avenues for compensation after an accident, and the importance of seeking legal advice after a cycling accident.
The Dangers of Bicycle Accidents
With the number of Canadians using bicycles as their main method of transportation increasing, so do the risks of accidents and serious injuries. According to Statistics Canada, an average of 74 Canadians die each year in cycling collisions, with the majority of injuries and deaths occurring between 4:00 p.m. and 8:00 p.m. during rush hour as the sun begins to set. These numbers highlight the increasing vulnerability of cyclists on the roads in Alberta and across the country.
Liability in Bicycle Accidents
Determining fault and establishing liability in bicycle accidents can be complex. Per Alberta’s Traffic Safety Act, bicycles are considered vehicles and must obey the same provincial laws that apply to motor vehicles. Therefore, if you are a cyclist and are not taking the necessary precautions to protect your safety, you may be liable for the accident through contributory negligence per the provincial Contributory Negligence Act. In other words, the cyclist and motorist can be found partially liable for the accident, with their respective percentages of fault determining the compensation owed to the injured cyclist.
In situations where a motor vehicle hits a cyclist or pedestrian, the driver of the motor vehicle is presumed to be negligent unless they can prove that the loss or damage did not arise solely or entirely through their negligence.
Mitigating Risk and Liability
There are some key factors to consider when addressing issues of liability and steps cyclists can take to mitigate the chances of an accident:
- Cyclist behaviour: A cyclist’s actions will be reviewed when assessing fault for an accident. Reckless cycling, riding under the influence of drugs or alcohol, and failing to take evasive action when possible may impact liability. Cyclists must also ensure that they wear proper equipment, including a helmet (even if you are over the age of 18) as this can mitigate the severity of a head injury. Cyclists must also ensure that their bicycles are in good working condition and have a working brake and necessary equipment for nighttime riding.
- Road conditions: The weather and road conditions when and where the accident occurred, such as inadequate road marking and potholes, may be considered when examining fault. Reduced visibility due to poor lighting or weather conditions may also be taken into consideration.
- Traffic violations: If it is determined that the cyclist or motorist violated traffic laws (such as failing to yield or disobeying traffic signals) it can significantly impact the assessment of fault.
- Motorist behaviour: The motorist’s behaviour and conduct will also be scrutinized in order to determine whether they engaged in distracted driving, speeding, turned right without due care, or failed to maintain a safe distance from a cyclist.
What to do After a Bicycle Accident?
If you or a loved one has been injured in a bicycle accident in Alberta, it is important to take the necessary steps to ensure your safety and protect your interests in the event that you have a claim for compensation.
It is crucial to seek immediate medical attention after a bicycle accident. Not all injuries will be obvious immediately after the collision, which is why it is important to seek medical advice as soon as possible to identify such injuries before they worsen.
If it is safe to do so at the scene, it is helpful to obtain key information regarding the other parties involved, as well as contact information for witnesses. You may also wish to take photos of any damage and/or injuries.
After the accident, it is crucial to keep track of any out-of-pocket expenses incurred due to the accident. Items such as medical expenses, missed time at work and other costs pertaining to the accident and your resulting injuries should be recorded as they can be included in damages sought from your personal injury claim.
It is also crucial to seek legal advice from a personal injury lawyer who has experience handling bicycle accidents as soon as possible. Your lawyer will assess the circumstances of your accident and help you determine whether you may have a claim for compensation. If you have a viable claim, your lawyer will thoroughly investigate to gather evidence and build a strong case. They will explain the intricacies of Alberta’s traffic laws and discuss how they apply to your claim while ensuring your rights are protected. Your lawyer will also negotiate with the at-fault party’s insurance company to ensure you receive fair compensation and will represent you should the matter proceed to litigation.
For Skilled Representation in Bicycle Accident Claims Contact the Experienced Injury Lawyers at Cuming & Gillespie LLP in Calgary
While the summer weather invites Albertans to get outside and utilize alternative modes of transportation, such as cycling, it is important to bear in mind the risks and dangers that may lie ahead. At Cuming & Gillespie LLP, our trusted personal injury lawyers understand that accidents can still happen despite careful planning and adequate safety measures. If you or a loved one has been injured in a bicycle collision due to someone else’s negligence, it is important to consult with a skilled bicycle accident lawyer who can advise you of your rights and entitlements and determine whether you have a claim. To learn more about how we can assist you, contact us online or by phone at 403-571-0555 to schedule an initial consultation.