Recently it has been reported that two cyclists crashed, leaving one critically injured. Due to an increase in cycling in Toronto, these events are happening far too often. From a legal perspective, many are asking what happens in these types of cases? Can a cyclist sue another cyclist? If they do, what could they sue for? Are there benefits available? Does home insurance cover lawsuits against cyclists?
These are all good questions and have easy answers.
Can a cyclist sue another cyclist?
Yes. But to have a successful civil lawsuit the injured cyclist must prove that the other cyclist was negligent (legal word for someone who does something a reasonable and prudent cyclist would not do). The at-fault cyclist can try to reduce their fault by arguing the other cyclist did something wrong too (that's called contributory negligence).
What can they sue for if fault is established?
- Pain and suffering
- Past loss of income
- Future loss of income
- Care costs
- Damage to their bike, clothing, et
Are there Benefits?
Since no automobile is involved, no accident benefits under the Ontario auto insurance benefit system are available.
Does Home Insurance cover lawsuits?
Yes. If a cyclist has home insurance, they can be protected under their home insurance policy for coverage for their negligent acts.
Patrick Brown represents cyclists and their families throughout Ontario. He has represented the families of cyclists who have been killed due to the fault of others and he has been instrumental in bringing changes to our system in order to ensure cyclists can ride in safety.
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.