Articles Posted in Bicycle Accident

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Some fact patterns regarding car accident cases can’t be made up. I suppose that you could try; but the reality of what actually happened often exceeds the bounds of your imagination. They are often unthinkable scenarios fit for a law school exam.

To be eligible for accident benefits in Ontario, an injured accident victim must prove the incident meets the definition of an accident under subsection 3(1) of the the Statutory Accident Benefits Schedule. An accident is defined as:

“an incident in which the use or operation of an automobile directly causes an impairment …”

The key words here are “the use or operation of an automobile”. Those words have been defined rather broadly. They are largely fact specific.

If the Plaintiff can establish that the incident arose out of the use or operation of an automobile; then the Plaintiff will be eligible to claim accident benefits. Things like an income replacement benefit; an attendant care benefit; and medical/rehabilitation benefits which are not covered by OHIP. These benefits can really help make ends meet; and can go a long way on the road to recovery following a serious accident. If the accident is deemed as “catastrophic”, these accident benefits will exceed $1,000,000 in value. Being eligible for accident benefits is also important because they will be paid out irrespective of fault. That means where the accident is an “act of G-d”, or some strange fluke; or a single vehicle accident with nobody to sue; then the Plaintiff regardless of fault will be eligible for benefits which is very important.

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Changes in seasons means changes in behaviour and patterns. Now that we are experiencing some “warmer” weather; we are seeing more people out and about. And I use the term “warmer” rather loosely. We aren’t seeing negative temperatures anymore and there isn’t any snow, ice, or slush on the ground. Here are a few of the trends that we see in personal injury law as the temperatures begin to heat up.

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A bad police report and a poor police investigation can be very harmful to an injured Plaintiff in personal injury cases.

In order for a Plaintiff’s personal injury case to succeed, the Plaintiff must establish that the Defendant was negligent (at fault) for the accident in question.

No fault against the other driver? No tort claim.

Regardless of how seriously injured the Plaintiff is; if the Plaintiff cannot establish fault against the other driver, they won’t have a successful tort claim. That’s not to say that they won’t have a successful accident benefit claim. Accident benefit claims are not subject to same the fault rules which we see in tort cases.

All too often, our office has seen police investigations in Ontario which frankly aren’t done properly. That’s not to say that all police investigations into motor vehicle accidents fall short. One bad apple (or a few bad apples) can certainly spoil the bunch.

There is no doubt that police resources are spread thin. Large jurisdictions like Toronto have a lot of ground to cover. Other more rural jurisdictions may not have ample resources. But the consequences of not getting the job done properly, or at all, can be devastating to a personal injury case.

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Bike Accidents

The Toronto Injury Lawyer Blog is going away from catchy titles and trying something new. Our headlines will go straight to the point. The goal of this is not to confuse our readership with fake news or click bait headlines designed to confuse with misinformation. We feel this is very important in given the present state of current affairs dealing with a global pandemic along with racial tensions across North America.

The title of this Toronto Injury Lawyer Blog Post is Bike Accidents, so we are going to focus on Bike Accidents.

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Toronto’s new initiative to provide safer streets for cycling and walking is a step in the right direction but
will require a cooperative effort from drivers, cyclists and pedestrians, says Toronto personal injury lawyer
Brian Goldfinger.

As part of its ActiveTO program, the city is transforming some major roads into “quiet streets,” giving
people space to be physically active while observing social distancing protocols.

“This is a great idea, especially for an urban environment,” Goldfinger notes. “As a result of COVID-19,
there are fewer people taking mass transit. People are getting around on bikes a lot more these days,
whether it’s to commute to work, or for pleasure. It’s not a war on cars, but more of an evolution of our
roadways.”

Toronto Mayor John Tory says the city will soon have more than 50 kilometres of quiet streets, including
areas like Kensington Market and Havenbrook Boulevard, reports CP24.

Signs and temporary barricades will be placed on neighbourhood streets to allow local car traffic only and
open up space for people who walk, run, use wheelchairs and bike, states the city’s website.

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It’s hot. That means more people are outside doing “outdoorsey” stuff like hiking, cycling, rollerblading and skateboarding.

The activities are suppose to be fun and safe. But sometimes things can go wrong. And when they do, our law firm usually hears about it.

Accidents whereby skateboarders, cyclists and rollerbladers are hit by cars are usually very serious. Want to know why?

The average weight of a large car is over 4,000 pounds! The average weight of a Canadian male is 177 pounds.

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Every Sunday morning, personal injury lawyer Brian Goldfinger puts down the law books and takes his daughter bright and early to gymnastics.

One day at gymnastics, one of the other fathers entered the building. He had a crutch with a knee support to keep his knee elevated so that it didn’t touch the ground. He had an elbow rest for his arm so that he didn’t have to grip because his hand and thumb were injured. He had raccoon eyes and scratches all over his face and head. Poor guy. He was a mess.

Brian Goldfinger asked what happened? As it turned out, this kind young man had been bike riding on his morning commute to work.

He was taking his normal path through some back roads, bike paths, along with major streets in downtown Toronto.

While riding eastbound along a major Toronto street, he fell victim to a dooring incident.

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In a recent survey taken by the “Campaign Research Poll” of 506 Toronto voters found that 60% of them wanted cyclists to be licensed and insured. 57% of those surveyed also wanted the City of Toronto to have more bike lanes.

This poll raised significant debate for motorists, cyclists and politicians. Personal Injury Lawyers and insurers got involved as well (as they should).

It should be noted that some of the most serious accident cases which our law firm handles deals with cyclist accidents. It only makes sense. When a bike collides with a car, the car will win! The bike doesn’t have seatbelt, bumpers, anti lock brakes, or air bags to soften the blow. A bike accident is a pure collision of flesh and bone vs. car and pavement. The damage is frequently catastrophic, even fatal.

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The snow has melted. The sun is shinning (sometimes); and the weather is getting less miserable. It’s time to go outside and enjoy the fresh air.

For many, the turn of seasons from winter to spring, means riding your bike to work. In fact, from May 29-June 30, 2017, it’s Bike Month! The City of Toronto hosted a Ride your Bike to work day on May 29th to kick off Bike Month. Every Tuesday, Wednesday and Thursday during Bike Month, Cycle Toronto will be hosting commuter outreach stations along busy cycling routes all around the city. You can stop by to get a free Bike Month 2017 branded tote bag full of giveaways from one of their official partners.

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Did summer hit, or is it just me? With a quick snap of the fingers, we’re already in June with some fantastic weather. I’ll take it after a long, cold winter.

When we get nicer weather in Ontario, people are more inclined to ride their motorcycles and bikes. The rules of the road and the way personal injury law works in Ontario for motorcyclist and cyclists can get a bit tricky…but it shouldn’t.

The purpose of this Toronto Injury Lawyer Blog Post is to examine the law and how it relates to accidents involving motorcycles and bikes, and how this can differ (or be the same) from your normal car accident case.

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