Nova Scotia bicycle Accident Lawyers

Representing Bicycle Accident Injury Victims

The bicycle injury law firm with a doctor

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Fighting For The Rights of People Injured on Bicycles

As an avid cyclists and veteran bicycle accident lawyers, we know riding a bike is not just a fun way to get outside and be active, it’s also a great way to incorporate exercise into your daily commute. Plus, biking is a great way to reduce your carbon footprint.

Also, with the current rules around social distancing, more people are using cycling as a way to get out of the house.

While it is a great low impact activity, cycling is not without its risks. Some people find that the roads are not especially friendly to cyclists; whether that means careless motorists and pedestrians or poor networks of dedicated paths, trails, and bike lanes.

Accidents happen. Local cyclist Jeff Mitchell, of NOVA Injury Law, is the bicycle accident lawyer who is uniquely equipped to help cyclists get fair compensation. Jeff and, Chief Medical Consultant, Dr. Laura Mitchell build air-tight cases from day 1. NOVA Injury Law helps victims of accidents and injuries resulting from collisions with cars or pedestrians, dooring, and poor or faulty infrastructure such as potholes.

The doctor lawyer team takes the time to gather, interpret, and present all relevant medical evidence pertaining to your case. They use that information to craft a specific strategy, unique to every case.

They detail the facts surrounding the bicycle accident and gather any eyewitness accounts. As with car accident victims, Jeff, Laura, and the NOVA Injury Law team help all injured cyclists get access to medical and rehabilitative care to aid in their recovery. 

As an experienced bicycle accident injury lawyer, Jeff Mitchell helps injured cyclists obtain the bicycle accident compensation they deserve in a quick and efficient manner. Contact NOVA Injury Law today for a free case review at 1-800-262-8104.

The Rules of the Road for Cyclists and Drivers

According to the Nova Scotia Motor Vehicle Act cyclists have the same rights and responsibilities as motorists. When everyone follows the same set of rules, the chance of a collision is greatly reduced.

Cyclists should be clearly visible and predictable. Ride on the right side of the road with the flow of traffic. Use as much of the lane as you need to be safe from roadside hazards. And remember, cyclists should use hand signals to indicate a turn or a stop.

Drivers must watch for cyclists and make room. Bicyclists need to ride at least 1 metre away from parked cars to avoid being hit if a door suddenly opens. Bicyclists also need to avoid potholes and debris, and to pass double-parked cars. Bicyclists may occupy as much of the lane as their safety requires.

Safe Cycling Tips

Ride a Straight Course – Don’t weave between parked cars. Otherwise, a motorist may lose sight of you and there could be a collision if you suddenly pop out in traffic again. Stay at least one metre from parked cars to avoid opening doors.

Look Behind You – Learn to quickly scan the traffic behind you without swerving. A rearview mirror helps to view traffic, however, a lane change requires a look behind, which also signals your intention to motorists.

Be Careful at Intersections – Intersections can be dangerous for cyclists. At a four-way stop, it is important for cyclists to remain in line with the flow of traffic and to wait their turn. Right-turn lanes are for traffic that is making a turn; don’t go into a turn lane if you are going to travel straight ahead.

Factors that impact Bicycle Injury Claims

As with any injury case, the final settlement amount is tied to the nature and severity of the injuries and the impact on the victim’s life.

In some cases, the at-fault driver may argue that the cyclist shares the blame for their own injuries if the cyclist failed to take reasonable steps to look out for their own safety. If the cyclist is found to have contributed to the accident the court can reduce damages awarded. Some questions the driver’s lawyer will try to answer are:

Were you wearing a helmet? Would it have made any difference in preventing your injury?

Were you “distracted riding” or wearing earbuds while riding so that you couldn’t hear traffic horns?

Did you break the law while riding? For example, blow through a stop sign or red light? 

Were you adequately visible to drivers?

If you have been injured on a bicycle it’s important to talk to a bicycle accident lawyer right away.

What to do if a bicycle accident happens

If you’re involved in an accident on your bike, try to stay calm and gather as much information as you can from the driver who hit you and any witnesses (name, contact details, insurance information). If you are seriously injured, don’t worry about this step. The priority is always to attend to your injuries.

If an ambulance takes you to the hospital, focus on your recovery while you’re there. 

If your injuries are not serious enough to go to the hospital, don’t offer an apology to the driver and don’t discuss who was “at fault.”

If you’ve got your phone, take a photo of the driver’s license plate, the car, the damage to your bike, the accident scene and your injuries.

Don’t leave the scene until the police arrive. Get the accident report number.

Remember to get some legal advice before you talk to your insurance company. Most personal injury law firms, including NOVA Injury Law, offer a free consultation. You should take advantage of that.

Fair Settlements for Bicycle Accident Injuries

To get a good idea of the compensation that might be available to you, it is best to take a step back and consider all the ways your injury has affected you and those around you physically, mentally, and logistically. Factors to consider include:

The nature and severity of your injury
Who was at fault in the bicycle accident
What treatment you have received and will need in the future
The impact that injury has on your ability to work
The impact the injury has on your daily activities such as housework or hobbies
The ways friends and family support you in your injury

After considering these factors, you can begin to calculate damages. Damages are essentially the quantification of the harm caused by your injury. Damages are intended to compensate you such that you are put back into your original position had the injury not occurred. An injury of any kind can affect your life in all sorts of ways beyond the pain and discomfort from the injury itself.

hit by an uninsured driver

In the event of a collision with an uninsured driver or a hit-and-run, a cyclist’s own car insurance provider is required to step-in with the benefits that the rider would have been able to receive from the negligent driver’s insurance (were it accessible). But, even without any insurance, a cyclist can make a claim to Nova Scotia’s Facility Association. It exists to make sure nobody is left without compensation. While the Facility Association is a valuable safety net, there are some specific factors to consider when making a claim to this particular insurance provider.

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