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Cyclist Safety and Canadian Road Laws: Rights and Responsibilities

Cyclist Safety and Canadian Road Laws: Rights and Responsibilities

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Cycling has become a popular mode of transportation and recreation in Canada. While cycling offers numerous benefits, it is crucial for cyclists to be aware of their rights and responsibilities under Canadian road laws to ensure their safety and the safety of others on the road. In this blog post, we will explore the importance of cyclist safety, discuss key Canadian road laws pertaining to cyclists, and highlight the rights and responsibilities that cyclists should be aware of.

1. Sharing the Road: Understanding Rights and Responsibilities

Cyclists in Canada have the right to use public roads, and they are considered legal road users. However, with this right comes the responsibility to adhere to traffic laws and regulations. Cyclists must obey traffic signals, signs, and speed limits, just like any other motorist. It is essential to understand that while cyclists have the right to share the road with vehicles, they must also respect the rights of other road users.

2. Bike Lane Usage and Infrastructure

Many Canadian cities have designated bike lanes and cycling infrastructure to promote cyclist safety. Cyclists should use these bike lanes whenever available and follow the designated cycling routes. When using bike lanes, cyclists should ride in the same direction as traffic, stay to the right, and signal their intentions when turning. It is crucial to be aware of local bylaws and regulations regarding bike lane usage in your specific jurisdiction.

3. Helmet Laws and Safety Equipment

In several provinces and territories across Canada, there are laws mandating the use of helmets while cycling. Wearing a properly fitted helmet is an essential safety measure that can significantly reduce the risk of head injuries in the event of an accident. Cyclists should also consider wearing reflective clothing, using front and rear lights, and equipping their bicycles with bells or horns to enhance visibility and communicate with others on the road.

4. Right of Way and Interactions with Motorists

Understanding the rules regarding right of way is crucial for cyclist safety. Cyclists must yield to pedestrians when using crosswalks and pedestrian crossings. When sharing the road with vehicles, cyclists should be cautious at intersections, signal their intentions, and maintain a predictable riding pattern. It is important to be vigilant and make eye contact with motorists to ensure they are aware of your presence on the road.

5. Importance of Defensive Cycling and Hazard Awareness

Defensive cycling involves actively anticipating and avoiding potential hazards on the road. Cyclists should be attentive to their surroundings, scanning for potential dangers such as opening car doors, potholes, or debris on the road. Maintaining a safe distance from parked cars and riding in a straight line can help prevent accidents. Being proactive and practicing defensive cycling techniques can significantly enhance cyclist safety.

6. Advocacy and Education for Cyclist Safety

Cyclist safety is a shared responsibility among cyclists, motorists, and policymakers. Cyclist advocacy groups and organizations play a vital role in promoting safe cycling practices, lobbying for improved cycling infrastructure, and raising awareness about cyclist rights and safety. Staying informed and participating in educational initiatives can help create a safer environment for cyclists on Canadian roads.

Conclusion:

Cyclist safety on Canadian roads is paramount, and understanding the rights and responsibilities of cyclists is essential for a safe and enjoyable cycling experience. By adhering to Canadian road laws, using designated cycling infrastructure, wearing safety equipment, practicing defensive cycling, and advocating for cyclist safety, cyclists can contribute to a culture of safety and ensure a positive coexistence with other road users. Remember, staying informed and continuously educating oneself about cyclist safety practices is key to creating a safer cycling environment for everyone.

Common Mistakes to Avoid in Personal Injury Claims

Common Mistakes to Avoid in Personal Injury Claims

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When pursuing a personal injury claim, it’s important to navigate the legal process carefully to maximize your chances of success. However, many individuals make common mistakes that can potentially weaken their case or result in the loss of rightful compensation. In this blog post, we will discuss some of the most common mistakes to avoid in personal injury claims. By being aware of these pitfalls, you can take proactive steps to protect your rights and enhance the outcome of your claim.

1. Failing to Seek Medical Attention:

One of the most critical mistakes is neglecting to seek immediate medical attention after an accident or injury. It is crucial to prioritize your health and well-being by receiving proper medical care. Prompt medical documentation not only ensures your well-being but also establishes a link between the accident and your injuries, strengthening your claim.

2. Not Gathering Sufficient Evidence:

Insufficient evidence can weaken your personal injury claim significantly. Failing to document the accident scene, gather witness statements, take photographs, or obtain copies of medical records and bills can hinder the strength of your case. It is crucial to collect as much evidence as possible to support your claim and demonstrate the liability of the responsible party.

3. Delaying the Reporting of the Incident:

Reporting the incident promptly is vital in personal injury claims. Delaying the reporting of the accident to the appropriate parties, such as law enforcement, insurance companies, or property owners, may lead to skepticism about the severity of your injuries or cause complications with the claim process. Report the incident as soon as possible and ensure all necessary paperwork is completed promptly.

4. Providing Recorded Statements Without Legal Advice:

Insurance companies often request recorded statements from accident victims. However, providing statements without consulting a personal injury lawyer can be risky. Insurance adjusters may attempt to use your words against you or twist your statements to minimize their liability. It is advisable to seek legal advice before providing any recorded statements to protect your rights.

5. Settling Too Quickly:

The desire for a quick resolution may lead some individuals to accept premature settlement offers from insurance companies. Settling too quickly can result in inadequate compensation that fails to cover your long-term medical expenses or future damages. Consulting with a personal injury lawyer ensures that you fully understand the value of your claim and negotiate for fair and just compensation.

6. Posting on Social Media:

Be cautious about your social media activity during a personal injury claim. Insurance companies and defense lawyers often scour social media platforms for evidence that can be used against you. Avoid posting about the accident, your injuries, or engaging in activities that could undermine your claim. Adjust your privacy settings and be mindful of what you share online.

7. Not Seeking Legal Representation:

Attempting to handle a personal injury claim without legal representation can be a significant mistake. Personal injury lawyers have the knowledge and experience to navigate the complexities of the legal system, negotiate with insurance companies, and advocate for your rights. They understand the tactics used by insurance companies to minimize settlements and can maximize your chances of obtaining fair compensation.

Avoiding common mistakes is crucial when pursuing a personal injury claim. By seeking immediate medical attention, gathering sufficient evidence, reporting the incident promptly, seeking legal advice, and avoiding premature settlements or detrimental social media activity, you can strengthen your claim and protect your rights. Remember, consulting with a personal injury lawyer is essential to ensure that you receive the compensation you deserve — at Hilborn and Konduros, our lawyers can help you navigate the claim process effectively. 

Uninsured and Underinsured Motorist Claims: What You Should Know in Canada

Uninsured and Underinsured Motorist Claims: What You Should Know in Canada

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Being involved in a motor vehicle accident is stressful enough, but what happens when the at-fault driver is uninsured or underinsured? In Canada, uninsured and underinsured motorist claims play a vital role in ensuring that accident victims receive the compensation they deserve, even when the responsible party lacks sufficient insurance coverage. In this blog post, we will explore the key aspects of uninsured and underinsured motorist claims in Canada, providing essential information to help you navigate these situations effectively.

1. Understanding Uninsured Motorist Coverage:

Uninsured motorist coverage is designed to protect individuals involved in accidents with drivers who have no liability insurance. In Canada, each province has its own regulations regarding uninsured motorist coverage. This coverage typically applies when you are injured in an accident caused by an uninsured driver and allows you to make a claim with your own insurance company to seek compensation for medical expenses, lost wages, and other damages.

2. The Importance of Underinsured Motorist Coverage:

Underinsured motorist coverage is equally important. It comes into play when the at-fault driver has insurance, but their policy limit is insufficient to cover the full extent of your damages. Underinsured motorist coverage allows you to seek additional compensation beyond the limits of the at-fault driver’s insurance policy, up to the limit of your own policy.

3. Reporting the Accident:

In the event of an accident involving an uninsured or underinsured motorist, it is crucial to report the incident to your insurance company promptly. They will guide you through the claims process and explain the specific requirements and deadlines that need to be met. Failure to report the accident within the specified timeframe may result in a denial of your claim.

4. Determining Fault:

Determining fault in an accident involving an uninsured or underinsured motorist follows the same principles as any other motor vehicle accident. It requires gathering evidence, witness statements, and police reports to establish liability. Your personal injury lawyer will assist you in gathering the necessary documentation and presenting a strong case to support your claim.

5. Seeking Legal Representation:

Navigating uninsured and underinsured motorist claims can be complex, especially when dealing with insurance companies. It is advisable to seek the assistance of an experienced personal injury lawyer who specializes in motor vehicle accidents and insurance claims. They will advocate for your rights, negotiate with the insurance company, and ensure you receive fair compensation for your injuries and losses.

6. Time Limitations and Deadlines:

It is important to be aware of the time limitations and deadlines associated with uninsured and underinsured motorist claims in your province. Failing to adhere to these deadlines could jeopardize your ability to file a claim and seek compensation. Your personal injury lawyer will guide you through these requirements and ensure that all necessary paperwork is submitted on time.

Conclusion:

Uninsured and underinsured motorist claims serve as a crucial safety net for accident victims in Canada. Having the right insurance coverage and understanding the claims process is essential in protecting your rights and obtaining the compensation you deserve. Consulting with a knowledgeable personal injury lawyer specializing in motor vehicle accidents will provide you with the guidance and representation needed to navigate these complex claims effectively.

If you find yourself in an accident involving an uninsured or underinsured motorist, don’t hesitate to seek legal advice. Remember, you have the right to fair compensation, regardless of the other party’s insurance status.

Can I Sue After A Bicycle Accident

Can I Sue After a Bicycle Accident?

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Cycling is becoming an increasingly popular mode of transportation and for good reason –  riding a bike is healthy and environmentally friendly! Sadly, thousands of cyclists are involved in serious accidents on the road in Ontario each year. 

The Most Common Causes of Bicycle Accidents 

The majority of bicycle accidents involve the bike rider and a car. These accidents are caused by: 

  • Distracted Driving
  • Drunk Driving
  • Fatigued Driving
  • Speeding
  • Improper Turns
  • Road Rage

It’s no secret that the injuries sustained by the cyclist can be life-threatening and life-altering. 

Can Bicycle Accident Victims File a Lawsuit? 

Yes, if an individual is injured in an accident caused by another person, they have the right to file a lawsuit against the responsible party. 

Bicycle accident lawsuits are filed with the intent of seeking compensation. Monetary compensation may not be able to change the past but it can ensure that the accident victim will remain financially secure for the rest of their lives. This compensation can pay for past and future medical bills, lost earnings, and even physical pain and suffering. 

If the cyclist is killed in the accident, their loved ones have the right to pursue a wrongful death lawsuit. This type of legal action is similar to a personal injury lawsuit and seeks to provide the surviving family with financial support, compensation for funeral expenses, and more. 

Contact an Ontario Bicycle Accident Attorney Today

At Hilborn and Konduros, our experienced team of Cambridge ON bicycle accident attorneys can help. Contact us for a no-cost consultation at (519) 658-6341

The Top Causes Of Personal Injury Accidents In Autumn

The Top Causes Of Personal Injury Accidents In Autumn

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Autumn has arrived and with it, a change in weather. While many find this change refreshing and love what the season brings, the reality is that new environmental hazards come into play. 

New Hazards Arrive With the Change of Seasons

During autumn, two types of personal injury accidents are likely to occur. 

Slip and Fall Accidents

It’s essential for property owners and managers to ensure that every area is safe and hazard-free during the fall when weather changes increase: 

  • Standing Water
  • Mud
  • Fallen Leaves
  • Fallen Branches
  • Snow

Storms can also cause damage to structures like steps and sidewalks, creating unsafe walking conditions. 

Car Accidents 

Car accidents are more likely to occur for the same reasons listed above. Even safe drivers can lose control when tires hit a wet patch of leaves or ice. 

The change in seasons also results in shorter days. The loss of light earlier in the day can not only impact driving conditions but can also impact a person’s sleep cycle. Fatigued driving can be just as dangerous as drunk driving, as sleeping drivers completely lose control over their vehicle. 

What to Do if You Are Injured This Autumn

If you or a loved one are seriously injured in an accident this autumn you could be eligible for a personal injury lawsuit. The compensation obtained through a lawsuit could pay for medical bills, lost earnings, physical pain and suffering, and more. 

Protect yourself and the evidence by taking the following steps after an accident: 

  • Seek immediate medical care. 
  • Take photographs if possible of the scene of the accident and the resulting injuries. 
  • Collect witness contact information.
  • Begin collecting medical records. 

Contact an Experienced Personal Injury Attorney

At Hilborn and Konduros, our experienced team of Cambridge ON personal injury attorneys can help. Contact us for a no-cost consultation at (519) 658-6341. 

Common Causes Of Personal Injury Accidents In Ontario In Spring

Common Causes Of Personal Injury Accidents In Ontario In Spring

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Spring has arrived, a season of rebirth and renewal. Many individuals who spent a long winter cooped up at home will embrace the warmer weather and begin to spend more time with family and friends. Unfortunately, with increased activities comes an increased accident risk. 

Our firm frequently sees an increase in personal injury cases in the spring often caused by:

Drunk Driving

It’s natural to want to have a drink with family and friends. However, in their excitement, many individuals overindulge and then make the poor decision to get behind the wheel while intoxicated. 

Drunk driving accidents can cause catastrophic injuries that change an individual and their family’s lives. 

Dog Bites 

When people spend more time outdoors they often also include their dogs. Even the friendliest of dogs can bite when placed in a stressful situation. 

Dog bites can be minor or they can cause serious damage, including broken bones, nerve damage, muscle tissue damage, and scarring. 

Slip & Falls 

Winter weather can cause damage to streets, driveways, and sidewalks. Cracks and uneven pavement are common causes of slip and fall accidents. While many people fall and are able to get right back up, others aren’t so lucky. Brain injuries, neck and back injuries, and broken bones are just a few of the injuries caused by slip and fall accidents. 

Pedestrian & Bicycle Accidents 

Exercising outside is fun – but can also be dangerous. With an increase in the number of walkers, runners, and cyclists comes an increase in accidents. 

Can Accident Victims File a Personal Injury Lawsuit?

In many cases, when the victim of an accident has incurred serious losses, they are eligible to file a personal injury lawsuit. This civil lawsuit is completely separate from any criminal charges that might be filed. A lawsuit provides the accident victim with the opportunity to recover compensation while pursuing justice. 

Call our Cambridge ON legal office at (519) 658-6341 or contact us using our online form. 

Common Injuries Sustained In Pedestrian vs Car Accidents

Common Injuries Sustained in Pedestrian vs Car Accidents

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When a car hits a pedestrian it’s no surprise that it’s typically the pedestrian that typically sustains the most damage. Often, the injuries sustained by pedestrians can be catastrophic and can impact their overall quality of life. 

The Most Common Injuries Sustained by Pedestrians 

Here are the most frequently diagnosed injuries in pedestrians who have been hit by a car. 

  1. Spinal Injuries: Fractured vertebrae, spinal cord injuries, and herniated discs can result in partial or full paralysis. 
  2. Brain Injuries: Traumatic brain injuries can impact nearly every bodily function. Patients with a TBI frequently have difficulty with speech, memory, and fine motor functions. 
  3. Amputations: Pedestrians hit by cars often lose a limb. 
  4. Internal Injuries: The force of impact can cause serious damage to any of the internal organs. 
  5. Broken Bones: It can take weeks or months for one fracture to heal. If complications arise, that time period can be extended. 

Pedestrians in Ontario are Protected by The Highway Traffic Act 

According to Section 193(1) of the Highway Traffic Act, when a car vs pedestrian accident occurs, the driver is always initially considered at fault. This means that if the pedestrian chooses to pursue a personal injury lawsuit, the driver must prove that the pedestrian was actually at fault. 

Working With A Car Accident Attorney Drastically Increases Chances Of Recovering Compensation 

The legal team at Hilborn and Konduros have helped many car accident victims recover the compensation they need to pay for medical care, lost wages, pain and suffering, and more. We offer no-cost consultations to pedestrians who have been hit by a car. 

Our team can help by: 

  • Collecting documentation to support your case; 
  • Collecting witness statements;
  • Speaking with the insurance companies.

We fight aggressively to obtain the maximum possible compensation for our clients, whether it be through a settlement or verdict. 

To schedule your no-cost consultation and learn more about your case, call our Cambridge ON office at (519) 658-6341.

What Is Contributory Negligence

What Is Contributory Negligence?

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When an accident occurs it’s frequently easy to determine who is at fault. However, there are times when a victim’s own negligence contributed to the accident or the injuries they sustained. 

Contributory Negligence: What is it? 

Essentially, when a plaintiff’s negligence contributes to the seriousness of an accident, this is considered contributory negligence. 

An example of contributory negligence comes from car accident lawsuits. If a driver is driving drunk and loses control of their vehicle, striking another, they are considered at fault for the accident. However, if the victim failed to wear their seatbelt, the defendant may argue that they contributed to the seriousness of their injuries by failing to use the provided safety device. 

How Does Contributory Negligence Impact Personal Injury Lawsuits? 

If it can be determined that the plaintiff was negligent, the court will assign a percentage to that negligence. Any compensation awarded to the plaintiff will be reduced by that percentage. 

For example, if a car accident plaintiff is awarded $1 million in damages but it was determined that they were 25% at fault, the award would be reduced to $750,000. 

Proving Contributory Negligence

In order to show that the plaintiff was negligent, a defendant must show that the plaintiff owed themselves a duty of care and should have taken steps to contribute to their own safety. It must then be proven that the plaintiff failed to provide that duty of care.

Work With An Experienced Cambridge ON Lawyer

It’s always important to work with an experienced personal injury attorney when taking legal action. An attorney can help: 

  • Collect eyewitness statements;
  • Contact specialists to recreate an accident scene;
  • Collect documentation to support the lawsuit;
  • Speak with insurance companies;

To learn more about your legal options after an accident, contact our law office at (519) 658-6341.

What To Expect During A Personal Injury Lawsuit In Ontario

What to Expect During a Personal Injury Lawsuit in Ontario

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As an accident victim, you may have been relieved to hear that you can file a legal claim seeking compensation from a negligent party. This legal claim, commonly known as a personal injury lawsuit, isn’t a simple process. Below you’ll see an outline of the legal process so that you and your loved ones know what to expect. 

The Steps in a Personal Injury Lawsuit

Here are the phases of a personal injury lawsuit.

  1. Hiring An Attorney: Choosing the right legal team is perhaps the most important decision in the legal process. When you choose Hilborn and Konduros, you can rest easy knowing you have an experienced legal team on your side. 
  2. Document Gathering: This step involves gathering as many documents that are related to your case as possible. This might include police reports, insurance paperwork, medical records, income statements, and even video evidence. 
  3. Pleadings: The pleadings outlines the case for the court and names the defendants. The defendants then have a set period of time to respond to the legal claim. 
  4. Discovery: During discovery, all involved parties are required to list and provide copies of all documents that are relevant to the case. Oral discovery often takes place in the form of interviews. 
  5. Pre-Trial: A Pre-Trial judge is assigned and the attorneys present a theory. The judge and attorneys will discuss the strengths and weaknesses of the case. The hope is that this process will end with a settlement. 
  6. Trial: If a settlement agreement the case will go to trial where our legal team will fight aggressively for the compensation you deserve. 

Our legal team understands how stressful this time is and will help to guide you through this process step by step. 

Is it Better to Settle or Go to Trial? 

The decision to settle or go to trial is a very personal one. Our legal team will always present all offers to settle, however, the choice is ultimately yours. In some cases, no offer is made and the case must proceed to trial. 

Don’t Wait – Call Our Cambridge ON Law Firm Today

Our law firm offers no-cost consultations to accident victims. Call (519) 658-6341 to learn more about your legal rights.  

Cycling Accidents in Ontario Affecting More Children

Cycling Accidents in Ontario Affecting More Children

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Cycling has become a recent trend throughout North America, and accidents and fatalities are up because of it. Local municipalities have increased bicycle lanes to help keep cyclists safer. Unfortunately, despite our greatest efforts, bicyclists keep dying on our roads in Ontario. Even more unfortunate, recent bicycle accidents are affecting our most vulnerable: our children.

Despite Fewer Cars on the Road, Bicycle Accidents Remained Consistent

Canadian Cycling Magazine reported that during 2020, a year when many of us were on lockdown, and fewer cars were on the road, cyclist deaths remained consistent. Their article reported that, on average, 74 cyclists lost their lives each year in Canada, despite bike lanes and fewer cars. None of these are more heartbreaking than when these accidents occur to children.

The Latest Bicycle Tragedy

On September 1, 10-year-old Nikita Victoria Belykh was struck and killed by a car while riding her bicycle in Thornhill. A ghost bike ride was held for her a week later. The ghost bike has become a tradition in the cycling community, where the victim is honoured with a memorial bike ride and an installation of a white “ghost bike” at the site of the tragedy. 

Unfortunately, Nikita’s was the sixth ghost bike installed in 2021 already in Ontario. Even more heartbreaking was that it was the fourth one installed for a child. 

Holding At-Fault Drivers Accountable

Accidents involving bicyclists typically result in serious and often fatal injuries to the cyclist. The goal for us here in Ontario is and continues to be zero deaths of cyclists. It seems we still have a long way to go. 

If you or a loved one has been injured in a bicycle accident in Cambridge, let us help. The skilled bicycle accident lawyers at Hilborn and Konduros can help hold the at-fault party accountable for your injuries and damages. Call us at (519) 658-6341 or contact us online to understand how you may be compensated for your injuries.