Cycling is a growing sport in Canada, which means the number of bicyclists on the streets has increased steadily over time. Many don’t know that cyclists still have to obey and follow many Canadian traffic laws just like other forms of vehicles that you would see every day. This includes hand signals, wearing the right kind of gear, and having a sufficient number of lights to remain visible at all times of day. These laws exist for all cities in Canada, even Hamilton. Hamilton has a specific set of laws for cyclists, including a law stating cyclists caught failing to keep on the right side of the street shall be fined 65 Canadian dollars. Knowing laws like this is extremely important in order to stay safe on the road and to avoid getting unnecessarily ticketed.
Any Hamilton personal injury lawyer will tell you that most biking accidents occur due to ignorance or negligence on the part of one party or another. In some case it’s the fault of the cyclist for not knowing or adhering to Canadian traffic law. In other instances, the driver is at fault for not paying attention to the cyclist or acknowledging them as another vehicle on the road to watch out for. For either party in either scenario, it’s extremely possible that a legal consultation will be necessary in order to figure out which party is truly at fault.
When contacting an attorney about a biking accident, regardless of whether you’ve sustained an injury as a cyclist or the other party, the first thing your personal injury lawyer will tell you is that the burden of proof exists for both parties. It’s up to each person involved to try to explain and show that they didn’t cause the accident and therefore deserve to be compensated (in the case that they both have a claim). Pictures and video are often the best way to tell the fault in any accident involving moving objects, but these resources aren’t always available.
Your Hamilton personal injury lawyer may suggest that a recreation of the scene be done in order to see whose story best fits eyewitness account or how possible one story is over the other. In some instances, the ignorance of Canadian road law is obvious in one story, meaning they are likely at fault for the incident.
Bicycle accident cases often deal with personal injury that keeps a victim from working. If this is true in your own case, the loss of wages may be rolled into the compensation claim in your case. Because the person who is believed to be at fault rendered you unable to work, they should therefore be responsible for your loss of income. Our personal injury lawyers in Hamilton, Ontario are ready and willing to make sure you get the money you deserve for being put out of work by a negligent driver or cyclist.