After being hit by a car while cycling in Alberta, it is likely that first responders or bystanders will address the most critical immediate steps, such as ensuring your safety and arranging medical care.
Once you have received medical attention, your next priority should be to contact a personal injury law firm in Alberta. Early involvement from bicycle accident lawyers can provide the guidance needed to protect your rights and build a strong case for compensation.
When a car strikes a bike, the resulting injuries often create a chaotic and overwhelming scene. Without legal assistance, it can be difficult to navigate the complexities of insurance claims, evidence collection, and liability disputes.
If you are struggling after suffering injuries caused by a negligent or reckless driver, schedule a free case evaluation with MNH Injury Lawyers to understand how the following legal insights may impact your compensation.
Key Takeaways About Why Legal Representation Matters After Being Hit By a Car While Cycling in Alberta
- Immediate Actions Matter: Your first priorities are your health and safety. Call 911 to report the collision and request medical assistance, even if you feel fine. Some serious injuries have delayed symptoms.
- Evidence Collection is Crucial: If possible, document the scene by taking photos of the vehicles, your bike, your injuries, and the surrounding area. Gather contact information from the driver and any witnesses.
- Understand Section B Benefits: In Alberta, injured cyclists can often access no-fault accident benefits, known as Section B benefits, through the driver’s auto insurance policy or their own. These can help cover rehabilitation costs and a portion of lost income, regardless of who was at fault.
- A Lawyer Can Protect Your Rights: A personal injury lawyer can assist with navigating Alberta’s Insurance Act and Traffic Safety Act. They can handle communications with insurers and build a case to demonstrate the driver’s negligence, protecting you from unfair blame.
- The Minor Injury Regulation (Cap): Alberta’s Minor Injury Regulation (MIR) may apply to certain soft tissue injuries, limiting the amount of compensation for pain and suffering. A lawyer can help determine if your injuries fall under this cap and pursue all other available damages, such as for lost income and future care costs.
- Do Not Give a Recorded Statement: You are not required to provide a recorded statement to the at-fault driver’s insurance adjuster. It is best to decline until you have spoken with a legal professional, as statements can be used to minimize or deny a claim.
The First Steps to Take After Being Hit by a Car While Riding Your Bike in Alberta
The scene of an accident can be chaotic and stressful. Knowing what to do can bring a sense of control and is vital for protecting your well-being and future legal options.
Prioritize Your Health and Safety
Move to a safe location away from traffic if you can do so without causing further injury. Call 911 immediately. A police report creates an official record of the accident, and paramedics can assess your injuries.
Even if you believe you are unhurt or the accident seems minor, it is important to be checked by a medical professional. Adrenaline can mask pain, and some serious conditions like internal bleeding or brain injuries may not be immediately apparent.
These critical first steps do more than ensure your well-being. They create clear documentation of your injuries that can support a claim for the maximum compensation you may be eligible for under the law.
Exchange Information and Document the Scene
If you are able, collect the following information from the driver:
- Name and contact information
- Driver’s license number
- Vehicle license plate number
- Insurance company and policy number
Use your phone to take photos and videos of everything you see. This includes damage to your bicycle, the car involved, your injuries, and any relevant details like skid marks, traffic signals, or road conditions.
The chaos of these accidents doesn’t always make this step easy. Fortunately, anything you or the first responders were not able to gather on the scene may be something that a lawyer can help with.
Speak to Witnesses
Witnesses can play a crucial role in supporting your claim by providing an unbiased account of the collision. If there were bystanders who saw the accident, take the following steps to gather their information:
- Ask for their name and contact details: This includes phone numbers or email addresses for follow-up.
- Request a brief statement: If possible, ask them to describe what they saw while the details are fresh in their memory.
- Note their location at the time of the accident: This can help establish their perspective and credibility.
Witness statements can serve as powerful evidence, especially if the driver disputes their fault. Having this information strengthens your case and provides additional support for your version of events.
Report the Accident
In Alberta, reporting a collision that results in injury or significant property damage is a legal requirement. To properly report the accident, follow these steps:
- Call the police immediately: Request an officer to come to the scene and file an official report.
- Provide accurate information: Stick to the facts when describing what happened, and avoid speculating or assigning blame.
- Obtain a copy of the police report: This document will include key details about the incident and can be critical for your claim.
A police report is a foundational piece of evidence that provides an objective assessment of the accident. Taking this step helps establish the facts and ensures that your claim is supported by official documentation.
Understanding Your Legal Rights as an Injured Cyclist
After a collision, many cyclists are unsure about their rights and what compensation they may be able to receive. In Alberta, the legal framework provides several avenues for support and compensation.
Accessing Section B No-Fault Benefits
Every auto insurance policy in Alberta includes mandatory Section B no-fault insurance benefits. These allow you to access compensation regardless of who was at fault for the accident. As a cyclist hit by a vehicle, you can typically claim these benefits through the driver’s insurance policy.
Section B benefits may cover:
- Medical and rehabilitation costs: Up to $50,000 for necessary treatments not covered by Alberta Health Care, such as physiotherapy, chiropractic care, and massage therapy.
- Income replacement: If you are unable to work, you may receive benefits of up to 80% of your gross weekly income, to a maximum of $600 per week.
Accessing these benefits provides financial support while you recover, separate from any lawsuit against the at-fault driver.
Filing a Claim Against the At-Fault Driver
If a driver’s negligence caused the accident, you have the right to file a tort claim against them for damages beyond what Section B benefits cover. A successful claim may provide compensation for:
- Pain and suffering: For the physical pain and emotional distress caused by your injuries.
- Loss of income: For past and future earnings lost due to your inability to work.
- Cost of future care: For long-term medical needs, assistive devices, or home modifications.
- Out-of-pocket expenses: For costs related to your recovery, such as prescription medications or travel to appointments.
Proving driver negligence requires showing that the driver breached their duty of care as outlined in Alberta’s Traffic Safety Act. This could involve demonstrating that they were speeding, distracted, or failed to yield the right-of-way.
Dealing With Insurance Companies After a Bike Accident
Soon after the accident, you will likely be contacted by an insurance adjuster from the at-fault driver’s company. While they may seem friendly and helpful, their goal is to resolve the claim for the lowest possible cost.
It is crucial to exercise caution in your communications. Avoid giving a recorded statement or signing any documents without first obtaining legal advice. Adjusters may try to get you to admit partial fault or accept a quick, low settlement offer before the full extent of your injuries and losses is known.
An Alberta bike accident lawyer can handle all communications with the insurance company, protecting you from these tactics and allowing you to focus on your health while they pursue maximum compensation on your behalf.
The Role of an Alberta Bicycle Accident Lawyer
An Alberta personal injury lawyer with experience in cycling accidents can take on the complexities of your case and provide critical support by:
- Helping gather key evidence: This includes obtaining police reports, witness accounts, and video footage to create a clear and compelling narrative of the accident.
- Handling all communications: A lawyer can manage discussions with insurance companies, helping to protect your rights and avoid tactics that may reduce your claim.
- Developing a strong legal argument: By applying Alberta’s Traffic Safety Act and Insurance Act, a lawyer can demonstrate the driver’s fault and your entitlement to compensation.
- Assessing the full value of your claim: Legal professionals can evaluate the long-term impact of your injuries, including future care needs and lost earning potential, to pursue fair compensation.
With a lawyer managing the legal process, you can focus on your recovery while they work to secure the compensation you may be entitled to under Alberta law.
Bicycle and Car Crash Injury Claims FAQ
What if the driver who hit me was uninsured or left the scene?
You may still be able to receive compensation. You can make a claim through the Motor Vehicle Accident Claims (MVAC) Fund. Additionally, if the driver is found, a lawyer can help pursue additional compensation not covered by the fund through a personal injury lawsuit.
Does not wearing a helmet affect my personal injury claim?
Alberta cyclists are required by law to wear a helmet. If you were not wearing one, an insurance company might argue that your failure to do so contributed to the severity of your head injuries. However, it does not change who was at fault for causing the crash itself. A lawyer can help counter arguments of unfair blame assignment to protect your claim.
Who pays for the damage to my bicycle?
The cost to repair or replace your bicycle is a type of property damage that can be included in your claim against the at-fault driver’s insurance company. Legal professionals may be able to assist you in obtaining a quote for repairs or a valuation for a replacement from a reputable bike shop.
How long does it take to settle a bicycle accident claim in Alberta?
Uncontested claims often settle more quickly than those that require litigation or complex negotiations. Partnering with bike crash injury lawyers in Alberta can help streamline the legal process and mitigate unnecessary delays.
Where do bike accidents occur most often in Edmonton, Alberta?
Edmonton bike accidents are more likely to occur at high-traffic intersections, areas with inadequate bike lane infrastructure, roads undergoing construction, and locations such as Whyte Avenue and Jasper. A lawyer familiar with the city’s traffic patterns and accident hotspots can help determine how negligence at these locations may have contributed to the crash.
Protect Your Future After Being Hit By A Car While Cycling in Alberta By Partnering With MNH Injury Lawyers
Being hit by a car while cycling is a traumatic event with potentially life-altering consequences. The steps you take afterward are crucial for protecting your health, your financial stability, and your legal rights.
While you focus on healing, a knowledgeable legal team can handle the complexities of your claim, from dealing with insurance adjusters to proving the driver’s negligence.
Have you been injured in a bicycle accident and are unsure of what to do next? Contact MNH Injury Lawyers online or at (888) 664-5298 for a free consultation with our experienced bike accident lawyers in Edmonton, Alberta.
