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Every year, thousands of cyclists across Ontario are injured in collisions with motor vehicles – but cottage country roads can prove particularly dangerous for those on bikes, Toronto critical injury lawyer Dale Orlando tells 105.5 Moose FM in Huntsville.
“You have little or no shoulder, there’s reduced visibility because of all the twists and turns and hills on the roads, you’ve got rock outcroppings and trees. So, cyclists really need to do everything that they can to make sure that drivers see them,” says Orlando, partner with McLeish Orlando LLP.
“Have flashing lights on the front and back of your bike, wear reflective clothing or bright coloured clothing, have your reflectors, of course, on your bicycle, as . . . the days get shorter, having those reflectors make you visible from a great distance,” Orlando says in the interview.
Orlando also says cyclists on cottage country roads should stay as close to the edge of the pavement as they can.
Car will always win
“Sure, you’re entitled to the lane, but in an altercation between a car and bicycle, the car’s always going to win, so try to get over as much as you can to the edge of the roadway.”
Also, while no helmet will prevent 100 per cent of head injuries, Orlando says studies clearly show that helmets do reduce their severity. While the law only mandates helmets for cyclists under 18, he tells Moose FM that the majority of adults are also now wearing helmets for both cycling and skiing, as it sets a great example.
If a cyclist is involved in an accident with a motor vehicle, they are automatically entitled to no-fault benefits, says Orlando, available through their own insurance company, or as immediate benefits through the driver’s insurance company.
“That will provide you with some income replacement, some medical and rehabilitation coverage. And the amount of the benefits that are available through this no-fault coverage can be very significant, depending on the severity of the injuries.”
However, just because Ontario has a no-fault system, Orlando tells Moose FM, it doesn’t mean victims cannot sue the at-fault driver.
“If a cyclist is injured or killed in a collision with a motor vehicle, the victim and their family members have the right to sue the at-fault motorist. The amount of compensation that the person receives will depend on a bunch of factors, the severity of the injury, of course, is one, but what precautions did the cyclist take to make sure that they were highly visible, to make sure that they were following the rules of the road.”