CYCLIST ACCIDENT CLAIMS
WHAT ARE YOUR RIGHTS and DUTIES as the OPERATOR of a BICYCLE ?
A person operating a bicycle on a highway has the same rights and duties as a driver of a vehicle. Test.
Section 183 of the Motor Vehicle Act imposes further rights and duties. Some of these provisions stipulate that a cyclist :
- must not ride on a sidewalk, unless authorized by a by-law, or permitted by a sign
- must not ride on a crosswalk, unless authorized by a by-law, or permitted by a sign
- must ride as near as practicable to the right side of the highway
- must not ride abreast of another person operating a bicycle
- must, when cycling between 1/2 hour after sunset and 1/2 hour before sunrise, have proper reflectors, and properly mounted lighted lamps
- must not operate a bicycle on a highway without due care and attention, or without reasonable consideration for other persons using the highway
- must not operate a bicycle on a sidewalk without due care and attention, or without reasonable consideration for other persons using the sidewalk.
Just because a cyclist contravenes any provision of Section 183 of the Motor Vehicle Act does not necessarily mean that the cyclist will be to blame for the accident. Liability will also largely depend on whether or not the driver of the vehicle exercised all reasonable care, given the circumstances of the particular case. The standard of care of a driver is not one of perfection, but rather whether the driver acted in a manner in which an ordinarily prudent person would act.
There may be allegations of contributory negligence against you. For example, if you do not have properly mounted lighted lamps, or proper reflectors, at certain times of the day. The condition of your bike will also be thoroughly examined by ICBC for any signs of defect, such as with tire pressure and breaks application.
If you are forced to take evasive action because of how another vehicle is being operated, and you are injured as a result, you may still have a claim for compensation, despite there being no actual contact between you and the motor vehicle in question. Please click here for court cases on “no impact” situations.
There may be some situations where, if you are a struck as a cyclist in the United States, you are not entitled to make a claim for accident benefits and/or personal injury damages. It is best to contact Veale Law for a free consultation under such circumstances, to know what your legal rights are.
You may also have a claim if you are a driver or passenger injured in an accident caused by a cyclist.
HOW WE CAN HELP
At Veale Law, we offer you a free consultation to discuss your case, and to advise you of your legal rights and obligations. For a free consultation, call us 24 hours a day at either 604-685-2833 or toll free at 1-855-685-2833, email us at firstname.lastname@example.org, or fill out our free consultation form on the right.
We also offer you a legal contingency fee of 20%, the lowest in the province of British Columbia for a motor vehicle accident. On an average ICBC injury claim, this can save you thousands of dollars. If you have an existing offer from ICBC, and would like us to finalize your matter for you, you will not be charged a fee on the amount of your existing offer from ICBC, and our fee will only be based on any amount recovered in excess of your current offer. You don’t pay us anything up front, you don’t make any payments along the way, and you don’t pay us anything until we resolve your ICBC injury claim for you. In reality, no money ever leaves your pockets, as our fee comes out of the settlement money. For your convenience, home and hospital appointments are also available.
We also serve clients throughout British Columbia, whether you are a resident of British Columbia, or a non-resident of British Columbia, that have been injured in a motor vehicle accident in British Columbia.
There are many benefits to having Veale Law represent you:
- Protection of your legal rights
- Explanation of your legal obligations
- Dealing with ICBC on your behalf
- Payment of disbursements on your behalf
- Explanation of what damages you can claim
- Maximization of the value of your injury claim
If you elect to have Veale Law represent you, we will do so with passion and dedication. We keep fully abreast with the current case law. We will apply our legal knowledge, experience, and skills to the facts of your case in order to achieve the best possible result for you. ICBC has trained adjusters and experienced lawyers representing their interests. You need someone to protect yours.
We look forward to serving all your personal injury needs, and to getting you the justice that you so rightly deserve. Contact Veale Law now.