This past weekend, two cyclists collided in Parkdale, Toronto, leaving one of the cyclists hospitalized. The other cyclist fled the scene. Although collisions between two cyclists are not as frequent as the number of drivers that strike and hurt cyclists, they do happen.
So, what happens when a cyclist crashes into another cyclist? Can legal action be taken? The simple answer is yes. However, there are some key differences between a two-cyclist collision and when a driver strikes a cyclist. Keep reading to find out exactly what to do if you find yourself in this situation.
Can an injured cyclist sue another cyclist?
If you are a cyclist injured in a crash, you have the right to sue whether you were struck by the driver of a vehicle, or if you were struck by another cyclist. However, when pursuing legal action against another cyclist, you must prove the fault of the other cyclist and that you sustained injuries and suffered damages as a result. If both are proven, there is no restriction when pursing legal action against another cyclist.
If you were injured in a cycling crash due to the negligence of another cyclist, contact an experienced personal injury lawyer to get your claim started. Finding the right lawyer will make the process easier and allow you to be compensated for the damages and injuries sustained because of the at-fault cyclist.
What is the insurance process?
When you sue another cyclist for negligently causing your injuries, their home insurance policy will typically respond. Whether you are struck by the driver of a vehicle, or another cyclist, make sure to obtain the other party's contact and insurance information.
What happens to the bike?
You can also sue for the damage caused to your bike and to any other personal items. A claim can be started against the at-fault cyclist, and their home insurance policy will generally respond to your claims for compensation for the damage sustained. The only stipulation is the innocent cyclist must prove the damage would not have occurred if it were not for the other cyclist's negligence.
Can a cyclist be charged?
Under the Highway Traffic Act (HTA), a bicycle is considered a "vehicle". This means a cyclist can be charged for various offences, depending where the collision occurs. The HTA only applies to public roads and does not cover parking lots or private paths. So, if a cyclist commits an offence on a public road, they can be charged under the HTA.
How we can help?
In 2022, there were 36 reported crashes between two cyclists. Bicycle collisions can cause devastating injuries. If you have been injured in a bicycle crash, it is important to act quickly to ensure you receive the compensation you are entitled to. Patrick Brown, principal partner at McLeish Orlando, is a founding member of Cycle Toronto, a member of Bike Law Canada, and the past Chair of the Ontario Safety League. Our firm has decades of experience in representing cyclists.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
