There are marked differences between cyclist accidents and pedestrian accidents. As bikes and bike accidents are regulated under the Traffic Safety Act, cyclists are held to a higher standard than are pedestrians. A vehicle on bike collision is more likely to produce a liability dispute than is a vehicle on pedestrian collision. Simply put, cyclists are required to look out for their own safety when using roadways.
Bicycles Must Follow The Rules of The Road
This is not to say that if a cyclist is struck at no fault of their own, they don’t have a claim, they certainly do; however, if a cyclist rides in an unsafe manner, and contributes to a bicycle accident, they may be found partially liable. When a cyclist is operating a bicycle amongst traffic, he or she is subject to the rules of the road. Failing to follow the rules of the road may result in a finding of contributory negligence.
If a driver can prove that factors other than their own negligence contributed to the accident, the court can apportion blame for the accident on a percentage basis (i.e, 80%/20% or 50%/50%). If the Court orders a liability split of 80%/20% in favour of the cyclist, any damages that are awarded to the cyclist will be reduced by 20%.
Reduce Your Chances of a Bicycle Accident
There are various safety tips to keep in mind the next time you jump on your bike. If you abide by the following tips, you will be less likely to suffer a bicycle accident. And should you become an accident victim, you will be less likely to face a liability dispute when you launch a claim.
- Wear a helmet. If you suffer a head injury without the protection of a helmet, the driver’s lawyer will try to blame you for your injury.
- Do not engage in distracted cycling. Leave the headphones at home and stay off your phone.
- Follow the rules of the road as if you are driving a vehicle. Obey stop signs and stay in your lane.
- Wear reflective and hi-visibility clothing, especially when night riding. Having flashing lights and reflectors is also an excellent idea.
- Do not ride your bike if you are intoxicated.
Legal Advice & Support with James H. Brown and Associates
Alberta accident injury law is complicated. Even with a solid case, attaining justice and complete compensation for your injuries can be a long and challenging process. When lives and livelihoods hang in the balance, Edmontonians need experience and expertise on their side.
For nearly 30 years, James H. Brown and Associates has proudly stood up for accident victims’ rights, representing our clients in Edmonton and across Alberta. Our team understands firsthand what it’s like to be seriously injured, and is proud of our proven record of getting our clients results.
No two bicycle accidents are the same; that’s why we offer a full range of services and support for our clients, including:
- An award-winning team of injury lawyers with an unrivaled record of success.
- Investigation and evidence preservation services, including accident reconstruction and analysis.
- Strong relationships with organizations ready to assist with rehabilitation and recovery.
- And much more!
Have You or a Loved One Been Injured in a Bicycle Accident?
Contact us today for a free, no-obligation consultation with James H. Brown and Associates’ experienced injury lawyers.