With the Spring weather upon us and more and more pedestrians and cyclists joining motorists on our roadways, it is a good time to review the rights of pedestrians and cyclists who have been injured in motor vehicle collisions.
Many people, mistakenly, believe that the laws governing motor vehicle collisions apply only in situations involving a collision between two motor vehicles. In Ontario, the laws governing motor vehicle collisions apply so long as one motor vehicle is involved in a collision. This means that the laws governing motor vehicle collisions apply when a pedestrian or cyclist is struck by a motor vehicle.
When a pedestrian or cyclist is struck and injured by a motor vehicle, their first set of rights is with their own motor vehicle insurer (even though their own motor vehicle was not involved in the collision or even at the scene of the collision). The injured pedestrian or cyclist is allowed to apply for no-fault benefits from their own motor vehicle insurer. Those benefits, potentially, include coverage for medical and rehabilitation benefits for expenses not covered by OHIP, attendant care benefits as well as income replacement benefits if the injuries prevent them from returning to work. These benefits are accessible and payable regardless of fault for the motor vehicle collision.
If a pedestrian or cyclist does not have their own motor vehicle insurance, they are entitled to access these no-fault benefits from the insurer of the vehicle involved in the collision.
The second set of rights available to a pedestrian or cyclist injured by a motor vehicle collision is with the insurer of the vehicle that was involved in the motor vehicle collision.
If the driver of the motor vehicle was negligent or at-fault for the motor vehicle collision, the injured pedestrian or cyclist can bring a claim against the insurer of the motor vehicle and can, potentially, obtain additional compensation for pain and suffering and loss of enjoyment of life, additional lost income not covered by their own insurance company and other past and future medical/rehabilitation costs.
There are various barriers to recovery including an injury severity “threshold” test and a deductible that have to be considered and reviewed with a lawyer before starting a claim.
Such a claim must be commenced within 2 years of the date of the motor vehicle collision.
If you or someone you know has been injured as a result of a pedestrian or cyclist motor vehicle collision you should seek necessary medical attention and then, as soon as possible, seek advice from an experienced lawyer to determine whether or not you have a claim.
Beckett Personal Injury Lawyers has represented thousands of people who have been injured as a result of a motor vehicle collisions. If you have been injured as a result of a motor vehicle collision and would like to speak to us about it, please feel free to call us.
