Cycling has many benefits but it also comes with risk

By Paul Russell, LegalMatters Staff • A growing number of Canadians are discovering the health benefits and lower commuting costs associated with cycling, says Ontario personal injury lawyer Joshua Goldberg.

“The biggest downside is the risk of an accident,” says Goldberg, principal of Joshua Goldberg Law. “Unlike motor vehicles, bicycles offer no protection to the rider, so injuries can be more substantial and longer lasting. That’s why any cyclist hurt in an accident that is not their fault needs to take immediate steps to ensure they receive compensation.”

According to the Canadian Automobile Association, the number of Canadians using bicycles as their main method of commuting nearly doubled between 1996 and 2016.

“While that is an encouraging statistic, the CAA also notes that an average of 74 Canadians die in cycling collisions each year, with 73 per cent of those incidents involving a collision with a motor vehicle,” says Goldberg.

The report adds that most cycling injuries and deaths occur between 4 p.m. and 8 p.m. and that “road safety rules may not have been respected in approximately one in three cycling fatalities.”

Across Ontario, cycling deaths shot up 300 per cent in the first eight months of 2022, according to a media report. It states that there were eight cyclist deaths in Ontario in that period compared to two in the same eight months of 2021.

An OPP spokesman said drivers need to make more of an effort to share the road with cyclists.

‘A bicycle has the same rights as a motor vehicle’ 

“A bicycle has the same rights as a motor vehicle on the road,” he said, adding “If you’re involved in a collision, it doesn’t matter who’s right or wrong, [cyclists are] the ones that are likely going to pay the biggest price.”

Another media report noted that Ontario hospital emergency rooms saw a surge of bicycle-related visits during the first year of the COVID-19 pandemic even as injuries to other road users sharply declined.

“Bike-related emergency room visits rose by 35 per cent across the province during the fiscal year from April 2020 to March 2021,” it states. “At the same time, ER visits for drivers, car passengers and pedestrians all fell – by 46 per cent, 53 per cent and 45 per cent respectively.”

Goldberg says most bike/car accidents are the result of driver inattention, excessive speed or illegal or unsafe turns.

“Sadly, doorings are also common,” he says, explaining that “dooring” or a “door prize” refers to someone who opens a parked motor vehicle door into the path of a cyclist. According to the City of Toronto, anyone found guilty of dooring can face a fine of up to $365 and the loss of three demerit points.

The city adds that “drivers who choose to contest the charge could be subject to a fine up to $1,000 + three demerit points, upon conviction.”

“Cyclists should try to stay one metre away from parked cars and always be on the lookout for situations where dooring could occur,” says Goldberg.

Cyclists have responsibilities

According to the provincial government, a bicycle is considered a vehicle under the Highway Traffic Act. As such, cyclists must obey the same traffic laws as drivers. Those under 18 must wear an approved bicycle helmet, as well as children in a bike carrier or trailer. 

Cyclists can be given a ticket if their action led to an accident. For example, a 16-year-old in Hamilton, Ont., went to hospital for X-rays after he was struck by a car in a crosswalk. According to a news report, while he was there police arrived to give him a ticket for not dismounting his bike before entering the crosswalk.

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When the teen’s lawyer posted news about the hospital ticketing on Twitter, many people expressed anger, the report states.

“The pettiness of this, issuing a ticket for a municipal bylaw, literally adding insult to injury,” one tweet read. Another parent noted, “My kids already know that I’ll pay any ticket they get for riding their bike on the sidewalk.”

“If you are badly injured, call 911 and get medical help,” advises Goldberg.

With minor injuries, he advises people to take photos of the accident scene. “And collect the names and addresses of the driver involved, as well as anyone who witnessed the accident,” he says.

Document road conditions

“Also document any weather or road conditions that may have contributed to the accident,” Goldberg says. “If police investigate the accident, ask them for a copy of their report.”

Cyclists should share their identification with the vehicle’s owner, he says.

“It’s a good idea to take a photo of each other’s driver’s licence, insurance information, etc.,” says Goldberg, noting that every automobile must be insured for public liability, which provides some financial security for cyclists involved in an accident.

“After any cycling injury, go see a doctor for a checkup,” he advises. “Symptoms may not be apparent for a number of months especially with soft tissue injuries. Don’t just assume that your injuries will heal quickly. As I advised in a recent post, the medical records doctors keep are invaluable evidence in a personal injury case.”

“If you have suffered serious injuries that require lengthy rehabilitation or if your injuries interfere with work and your personal life for more than six months, you need to give a personal injury lawyer a call,” says Goldberg.