It Is Open Season for Cycling, Not Open Season on Cyclists

Accident Benefit Reporter Volume 16, Issue 1 | May 2015

Posted May 6, 2015
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As the weather (hopefully) gets warmer, people across the province are dusting off their bicycles and getting ready for another season on the road. Cycling has enjoyed a real renaissance. It is a physically and psychologically healthy way to commute. And, as congestion worsens, cycling is becoming a more efficient alternative.Unfortunately, many cities have lagged in their response to make cycling safer. Bicyclists have become a focus of accidents involving pedestrians, buses, streetcars and motor vehicles. This dark side to this new trend challenges us all to make sure safety and common sense are not ignored.

While city infrastructure has lagged behind, the law has not. Legislation and case law have developed to ensure cyclists are protected, and if they are hurt, to ensure that they are fairly compensated.

For example, I recently acted for a cyclist who was involved in a collision with a car while cycling home from a tavern. This fellow suffered a traumatic brain injury and will likely never work again. The defense attempted to lessen its liability on the basis that our client had been drinking and was not wearing a helmet. As an aside, I feel compelled to say, “ALWAYS WEAR A HELMET”.

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