“Bike riders are especially vulnerable on the roads; no bike rider is going to win in an accident with a motor vehicle. The best defence is to do whatever is possible to avoid a collision. Some common safety gear includes: a helmet with reflective technology, reflective tape on multiple parts of the bike, a rear light, a front light, and reflective clothing.
One of the things we learn as personal injury lawyers is that despite the best precautions, a person can be involved in an accident through no fault of their own. But that doesn’t mean that precautions shouldn’t be taken! Rather, if the proper safety gear is used, accidents can be avoided and injuries reduced.
Despite the best precautions, accidents do occur. When that happens, a rider might need extensive medical and rehabilitation help. In our system, if a person is involved in an “accident” with a motor vehicle, they are entitled to no-fault benefits. These benefits include income replacement and medical/rehabilitation benefits that are not otherwise covered by OHIP.
An interesting example of an “accident” is where a bike rider swerves or falls down specifically to avoid being hit by a car. Even if the bike was not struck by the vehicle, the rider may still be entitled to benefits. As a result of a complicated regime, anytime a bike rider is injured, they should contact a lawyer to ensure their rights are protected.
For more information on Brain Injury Awareness Month and the Brain Injury Society of Toronto, please click here.