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Edward C. Brehm

Does anyone here has filed a case for biking accident before?

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Edward C. Brehm

Hey,

I am a professional. I usually go to work by bicycle. I always ride my bike in a safe and controlled fashion. Last day when I went to work, something very unusual has happened. I got hit by a car. My right leg got severely injured. Does anyone here has filed a case for biking accident before? I am not sure whether I would get any compensation. So, will it help me if I file a case now? Please do share your experience.

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Boereseun

Ed, 

Here's what happend to me. I was turning right on a red (perfectly legal). Looked both ways (I bike too so I always keep an extra eye out for bikes) and as I pulled away i hit a guy on a bike. Yes, he was cycling on the wrong side of the road. I called the police and the cop said he was going to call it a not at fault accident. The only thing I would be liable for is physiotherapist expenses which I could claim through my insurance. I subsequently got threatened by the cyclist with a lawsuit and told if I gave him a few thousand dollars that he would back off. My lawyer sent him a letter that simply said we will see you in court and will sue you for damage to my car. The whole thing got dropped, the big factor being the police report that confirmed no fault.

So, before I try and give you a solid answer there would be a few mitigating items.

Was there a police report? What did it say? Did the car perform a legal maneuver when you were struck? Did you undergo physio? Who paid? 

Canadian courts rarely award big settlements in civil court. A few things will come up.

How did the injury negatively impact your life? Did you lose your job? Did you lose your house to pay bills? Did you have to modify your home to accommodate your injury?

 

If you are serious, consult an injury lawyer. They should be able to guide you in whether you may or may not be successful. Most injury lawyers will give a free consultation and only get paid if they win your case.

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Jules

My advice to the OP is to visit a personal injury lawyer and take it from there. I don’t think any of us on this forum could or should be giving advice on this. Just my two cents. 

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