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Cycling Deaths in Ontario were 100% Preventable
By:
Deutschmann Personal Injury & Disability Law (Lawyers)
| Published 04/28/2013
The Coroner released a report in 2012 that showed car drivers were at joint fault with cyclists in 50% of the deaths, and entirely at fault in almost 25% of the accidents. Rates in injury cases are likely similar.
Cyclists involved in car accidents in Ontario are entitled to the same compensation that passengers in cars are. They can access this compensation via mandatory accident benefits claims, or by filing a tort claim in court. Under the laws in Ontario, a cyclist can both claim the mandatory benefits and also sue the driver at fault to get compensation.
Every car insurance policy is must provide accident benefits coverage defined by the Statutory Accident Benefits Schedule. This means that the cyclists can claim the mandatory accident benefits from their auto insurance company even if they weren’t using their car at the time of the accident. If the cyclists have no auto insurance, then they can make the claim at the automobile insurance company of the driver at fault. If none of those involved in the accident have an auto insurance policy, the claim can be made at the Motor Vehicle Accident Claims (MVAC) Fund which is administered by the provincial government.
The rules and timelines around making claims in cycling cases are significantly diferent than for motor vehicle claims. You can read all about the the process here .
