Alberta Bicycle Accident Lawyers
Our experienced car accident lawyers can handle the entire legal process from start to finish. If you are hurting after a bicycle accident, let our lawyers focus on your case so you can focus on your recovery.
There’s no fee unless you win.
Our Accident Attorneys fight for your rights after an accident.
Our award winning personal injury lawyers have over 20 years experience and will deal with the insurance company from day one, letting them know that you mean to seek proper compensation for your injuries as well as other compensations you may be entitled to.
We Eliminate Risk for Edmonton Bicycle Accident Victims
When you work with Assiff Law Office lawyers, you can rest assured, there will be no up-front costs for our services. We operate on a contingency fee basis, which means you won’t have to pay us a cent unless we win.
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Edmonton Alberta Bicycle Accidents & Info
Bicycle accidents are a common occurrence in Edmonton, Alberta, particularly in the city’s busy urban areas. Every year, numerous cyclists are involved in accidents on the city’s roads, many of which result in serious injury or death.
Whether you’re commuting to work, out for a ride, or participating in a cycling event, you take all the precautions to stay safe. However, if the unthinkable does happen, understanding the laws and the evidence you will need can help you cast a clearer light on what happened, identify who’s at fault and strengthen your case.
Types of Bicycle Accidents
Cyclists are some of the most exposed participants in traffic. Every year we see a variety of unfortunate accidents involving cyclists.
We handle a wide range of bicycle accidents in Alberta
If you or a loved one have been injured due to a bicycle accident, please do not hesitate to contact us.
We handle a variety of bycicle accidents in Alberta, including:
This is one of the most common types of bicycle accidents, and it typically occurs when a motor vehicle collides with a bicycle while both are traveling in the same direction or when a motor vehicle turns in front of a cyclist.
This type of accident occurs when a driver of a parked car opens their door into the path of a cyclist, causing the cyclist to collide with the door.
This type of accident occurs when a motor vehicle changes lanes and strikes a cyclist who was riding in the same direction.
This type of accident occurs when a motorist strikes a cyclist and then leaves the scene without stopping to offer assistance or exchange information.
This type of accident occurs when a cyclist collides with a pedestrian, a vehicle, or an object while riding on a sidewalk.
Falls are another common type of bicycle accident, and they can occur due to a variety of reasons, including poor road conditions, mechanical issues with the bike, or rider error.
Common Alberta Bycicle Accident Injuries
Unfortunately, bicycle riders are often one of the least protected participants in traffic, and accidents can result in a range of serious and potentially life-threatening injuries.
- Head and Brain Injuries
- Neck and Back Injuries
- Soft Tissue Injuries
- Broken Bones
- Spinal Cord Injuries
Compensation for Damages & Losses in Bicycle Accident Cases
When you have been injured and someone else is at fault, you have the right to pursue compensation. Your final settlement needs to consider all the ways you have been affected by your accident, including both material and non-material damages.
Material Damages
- Medical Expenses
- Lost Wages
- Diminished Earning Capacity
- Childcare Expenses
- Household Maintenance Fees
Non-Material Damages
- Loss of consortium
- Diminished quality of life
- Physical pain and suffering
- Mental anguish
- Reputation Damage
- Disfigurement and Scarring
Time Limits, Insurance Company Defenses
Alberta Accident Statute of Limitations
Time is of the essence when you or a loved one were involved in an accident due to someone else’s negligence. In Alberta, you have two years to file for a car accident.
Although this may seem like a very long time, the more you wait the more evidence will get lost, and it will be more difficult to recollect the particulars of the event. The longer you wait the more difficult it is to obtain the compensation you deserve.
Disputed Liability in an Alberta Bicycle Accident
Apart from using the statute of limitations against you, the other side and their insurance company will want to protect themselves. They do this by denying your claim and using various defenses to reduce or deny your case.
- The other party may use procedural defences based on an existing law, or claim that you failed to comply with a statutory rule;
- Factual defenses to car accident liability usually claim that you are partially or wholly to blame for the accident;
- The defense may also claim that you are over-stating the severity of your injuries or over-stating their impact.
Alberta Bicycle Accident FAQ
How do bicycle accident claims differ from other motor vehicle accident (MVA) claims in Alberta?
Bicycle accident claims have unique aspects, such as the vulnerability of cyclists, specific traffic regulations, helmet laws, damage to bicycles, and common injuries like fractures, head, brain, and spinal cord injuries, and soft tissue damage. The distinct nature of bicycles and the lack of protective features compared to motor vehicles make these claims different.
What is the reverse onus in bicycle accident claims?
In Alberta, there’s a presumption of negligence on the motor vehicle driver’s part if they strike a cyclist. The driver must prove that the cyclist’s actions contributed to the accident to avoid full liability. If proven, the cyclist’s contributory negligence may reduce the compensation awarded
What if the driver responsible for the bicycle accident was uninsured or fled the scene?
The Motor Vehicle Accident Claims Program (MVAC) in Alberta provides compensation to victims of accidents caused by uninsured or hit-and-run drivers. This program can be utilized if the responsible party was uninsured or fled the accident scene
Can bicyclists be liable in an accident in Alberta?
Yes, bicyclists can be liable if they weren’t taking necessary safety precautions. Factors like distracted riding, not wearing proper equipment, not abiding by traffic laws, and poor visibility (e.g., riding at night without proper lights) can contribute to a cyclist’s liability in an accident
How is helmet use relevant in bicycle accident claims?
While Alberta mandates helmet use for cyclists under 18, adult cyclists aren’t legally required to wear helmets. However, not wearing a helmet may be considered contributory negligence, possibly affecting the compensation in a personal injury claim
What factors affect liability in a bike accident?
Liability is influenced by helmet use, distracted riding, adherence to traffic laws, visibility conditions, and actions at crosswalks. The court may divide damages between parties based on these factors, which could reduce compensation for the cyclist
How does the Traffic Safety Act impact cyclists in Alberta?
Under the Traffic Safety Act, bicycles are considered vehicles, and cyclists must obey all provincial rules that apply to motor vehicles. This includes rules regarding distracted riding, wearing proper equipment, and abiding by traffic laws
Personal Injury Process
What Should I expect?
When you call Assiff Law injury lawyers, we immediately work on recovering compensation for your injuries.
Consult with an Edmonton Injury Lawyer
The first step is to speak with an experienced personal injury lawyer near you.
Our lawyers will review the details of your situation and your understanding of events — your side of the story — so we can determine whether there is any basis for a lawsuit. Then, once you’re ready to move forward, we’ll help you develop a strategy for pursuing compensation.
If we take your case, the process may look something like this:
Gather Evidence
A thorough investigation is the foundation of every case we take on. We use police reports, medical reports, and eyewitnesses’ statements to get to the bottom of things.
Send a Demand Letter
We’ll write a demand letter to the individual responsible for the accident, and their insurance company. We consider the entire financial impact of the situation, including provisions for future medical bills, lost wages, and other related costs.
File a personal injury lawsuit
When an insurance company refuses to offer an acceptable settlement, we gain leverage by filing a lawsuit on your behalf. In addition, filing a lawsuit will provide us access to additional information from the defendants that we otherwise wouldn’t have access to.
Discovery
After filing the suit, we can ask defendants for information that they might have been hesitant to provide. We can use these requests for admissions, interrogatories, and requests for production of documents to learn what evidence they have to support their claims.
Mediation
Once both parties have looked at the facts of the situation, we can schedule a mediation to help resolve the dispute. This gives us the chance to present our side of the story to the defendant’s attorney, and negotiate a fair resolution.
Settlement
If we’re able to reach an agreement prior to the start of the lawsuit, then we’ve reached a settlement. A settlement should take into account all past and future medical bills, lost wages, pain and suffering, etc., and will be paid out in one lump sum in return for you dropping the case.
Personal Injury Trial
If we are unable to settle for a fair amount, we go to trial. During the trial we present your case, employing the evidence we uncovered during discovery and present any expert testimony.
Appeal
What if the jury finds against you? If some sort of legal mistake was made by the defense team or the judge, we might choose to appeal. We would likely have to provide additional evidence and legal arguments in support of our position. If we were successful, the judge could overturn the previous ruling, or require another round of trials.
When you're hurting, We care.
We care. We understand, with our years of experience, what victims of accidents go through—from the obvious physical injuries to the impact they have on your day-to-day life, your job, your family and your overall well-being.
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The acknowledgement of our Edmonton personal injury lawyers have earned us multiple awards for the work we’ve done for thousands of clients. Best Lawyers, Canadian Lawyer Magazine and Consumers Choice have all awarded us for excellence in the field of personal injury law.
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