Toronto is a bustling city with a growing population of cyclists. Whether commuting to work, riding for fitness, or enjoying the city's growing network of bike lanes, more people are choosing two wheels over four. But with more cyclists on the road comes an increased risk of accidents involving motor vehicles. When a crash happens, one of the first legal questions is: Who is at fault?
Understanding negligence in cyclist–motor vehicle collisions is key to determining liability and protecting your rights.
What Is Negligence?
In the legal world, negligence means a failure to exercise reasonable care, resulting in damage or injury to another person. When applied to road users, this means all drivers, cyclists, and even pedestrians have a duty of care to follow the rules of the road and act responsibly to avoid causing harm.
If someone breaches that duty—by speeding, texting while driving, failing to signal, or opening a car door without checking for cyclists—they may be found negligent and therefore legally responsible for the accident.
The Unique Position of Cyclists
When a cyclist is injured in a collision with a motor vehicle, the burden of proof shifts to the driver. This is known as the reverse onus provision under the Highway Traffic Act. It means the driver must prove they were not negligent in order to avoid liability.
This shift is significant: in most personal injury cases, the injured party must prove the other side was at fault. But for cyclists struck by vehicles, it's the other way around.
Common Causes of Cyclist–Vehicle Collisions
Some of the most common scenarios we see involving cyclist injuries include:
- Dooring: When a parked driver opens their door without checking for oncoming cyclists.
- Unsafe passing: Vehicles that pass too closely without allowing enough space.
- Right hooks: A driver turns right across a cyclist's path without yielding.
- Failure to yield: Drivers entering from driveways or side streets who don't see or yield to cyclists.
- Distracted driving: Using a phone or GPS while driving reduces awareness of cyclists on the road.
In each of these situations, establishing who was negligent is crucial for pursuing a claim.
Contributory Negligence
It's also possible for a cyclist to be found partially at fault. For example, if a cyclist is riding at night without lights or fails to obey traffic signals, their own actions may contribute to the collision. This is called contributory negligence, and it can reduce the compensation they receive.
Even so, partial fault doesn't mean no recovery—it simply means the damages awarded may be adjusted in proportion to each party's responsibility.
What to Do If You're Injured in a Cyclist Accident
If you're a cyclist involved in a collision with a motor vehicle, here's what you should do:
- Get medical help immediately. Your health and safety come first.
- Call the police. An accident report is critical for documenting the incident.
- Gather evidence. Take photos of the scene, your injuries, and your bike. Collect witness contact information.
- Don't negotiate at the scene. Avoid discussing fault with the driver.
- Speak with a personal injury lawyer. Legal advice can make a huge difference in your ability to recover compensation.
Final Thoughts
At PMP Law, we understand the intricacies of personal injury litigation in Ontario and the challenges our clients face.
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.
