The Coroner released a report on Ontario bicycle accident deaths from 2006 to 2010.    In particular, the report reviews 129 bicycle deaths during this time period.

In addition,   the report notes that “in 2009, over 26,000 people in Ontario visited an Emergency Department for treatment of an injury sustained while cycling. Undoubtedly, countless more were injured but did not require medical treatment. Each of these injuries represents a potential fatality – an incident where, had the situation unfolded slightly differently, a death might have occurred.”

These numbers are staggering,  but not surprising given what we see in our practice.  Here are some of the fascinating conclusions the Coroner’s office drew from rthe eview, along with our comments:

• 86% (111 of 129) of those killed while cycling were male.  This was surprising only because in our practice the number of female cyclists injured is approximately equal to the number of male cyclists.
• Approximately two-thirds (84 of 129; 65%), of fatal cycling collisions took place in an urban environment, with the other one-third (45 of 129; 35%) occurring in a rural setting.  I suspect this is because serious accidents are more likely at a traffic intersection.
• The peak age for cycling deaths was 45-54 years; over half of cycling fatalities (66 of 129; 51%) occurred in persons aged 45 and older.  This is different than what we see.  Most of our cycling clients are in their 30′s.
• Children represented a smaller, but significant, portion of cycling deaths. A total of 19 deaths (15%) occurred in those aged 19 and under; 8 of those (6%) were in children aged 14 or under.  When we have had children injured in a bike accident, their lack of understanding of traffic and traffic signs has often been a factor.
• Numbers of cycling fatalities in Ontario declined each year from 2006 (41) to 2009 (14), but rose again (to 25) in 2010. We found 2010 to be a high cycling accident year as well.
• The peak months for cycling fatalities were July, August and September (46%).  When we look at all of the motor vehicle accidents in our practice, not just bicycle accidents, we find that August is the month when the most accidents took place.
• A total of 96 of the 129 deaths (74%) occurred in the Spring and Summer months.
• The vast majority of cycling deaths occurred during clear weather, on dry roads, with good visibility.
• More than half (69 of 129; 53%), of the fatal cycling collisions occurred in daylight conditions.  Given that people are less likely to cycle at night, we think it is pretty scary that almost half of the collisions happened at night.
• The peak time for fatal collisions (25 of 129; 19%) occurred between 8:00 pm and 10:00 pm.
• Only 27% (35 of 129) of those who died as the result of a cycling collision were wearing a helmet. Despite mandatory legislation, only 44% (7 of 16) of cyclists under the age of 18 who died were wearing a helmet. Those cyclists whose cause of death included a head injury were three times less likely to be wearing a helmet than those who died of other types of injuries.  We know it is controversial but we support mandatory helmet laws.  We still think you should be compensated for someone else’s negligence if you are not wearing one…
• In cases where the type of cycling activity was known, 63% of fatal collisions occurred during recreational activities, and 31% during commuting. The balance represented sport cycling activities, either solo or in a group setting.
• In 44 cases, contributing factors on the part of the cyclist alone were identified. In 33 cases, contributing factors on the part of the driver of a vehicle alone were identified. In 48 cases, contributing factors were identified on the part of both the cyclist and the driver. In three cases, the circumstances of the collision were unclear.  Remember that even in cases where the cyclist was partially at fault, an injured cyclist or the family of a cyclist who has died could make a claim for compensation.

To read more about the report, check it out here.

If you are looking for information after a serious cycling accident, contact the Ottawa personal injury lawyers at 613 233-4529.  We will give you free, no obligation information to help you understand your rights after a bicycle accident in Ontario.

If you have been injured in an Ontario bicycle accident, you may want to consider hiring legal representation.  In many instances, injured cyclists are able to file a claim for the injuries they sustained in a bicycle-motor vehicle accident.  Filing a claim can be complicated so having the right lawyer can be a real help to your case.  Before you go through with filing a claim for your injuries, there are a few things you should know.  Having some basic knowledge of the process of filing a claim will help you know how to proceed with your case.

One of the things you should be aware of is that there is a designated time period where you can file a claim.  This is called the statute of limitations and it can vary depending on the circumstances of your particular case.  It is important to be aware of the statue of limitations that applies in your case because if it expires, you may not be able to pursue any legal action against the responsible party.  In order to find out the statute of limitations that applies in your case you should speak with a personal injury lawyer.

If you are looking to file a claim, you may be wondering from whom you might be able to receive compensation.  If in your accident, the driver of a motor vehicle was at fault, you can receive compensation from them and their insurance companies.  Contrary to what many people may think, you can bring forward a claim even if your accident did not involve a motor vehicle.  Many cycling accidents are caused by things other than motor vehicles and in some instances, individuals can file suit and receive compensation.  For example, if your injuries are due to a bicycle malfunction you may be able to receive compensation from the manufacturer or retailer of your bicycle.  Or, if your injuries are caused by unsafe roads or paths that the province or city is responsible for, you may be able to claim damages from them.

In order to understand how these issues apply to your particular case, contact a personal injury lawyer.  While this basic knowledge can help you understand the process of filing a claim a little better, nothing can replace one-on-one conversations with an experienced lawyer such as those at Auger Hollingsworth.

One of the most serious injuries an Ottawa cyclist can sustain is spinal cord injury.  Like head trauma, damage to the spinal cord is severe and can certainly be life-altering.  Because the spinal cord is responsible for transmitting signals from the brain to the body, and vice-versa, damage to the spinal cord can have very serious and lasting effects on an individual’s health and their ability to function.  The most severe consequences of spinal cord injury involve permanent disability or paralysis of part of the body or the entire body.  The extent of the injury depends upon the location of the damage to the spinal cord. 

Some of the Symptoms of Spinal Cord Injury

A variety of symptoms accompany a spinal cord injury.  Some of the symptoms include numbness, loss of feeling, and loss of motor function in the area below the injury.  Because the spinal cord controls all of the nerves in a person’s’ body, the symptoms of spinal cord injuries usually have to do with sensation and movement of parts of the body near the site of injury.  The severity of these symptoms varies depending on the extent of the damage done to particular nerves.  It is possible to regain sensation or movement in areas that were once affected by nerve damage, but this is never a guarantee.

Ottawa Spinal Cord Injuries May Require Rehabilitation 

Individuals who suffer from spinal cord injury are often hospitalized and require intense medical treatment.  This often placed a burden on themselves and their friends and family.  It can be difficult emotionally and financially.  Because of the severity of the injuries, treatment for spinal cord injuries can take a long time and there are often recurring bouts of treatment, rehabilitation and other medical appointments.

Can A Personal Injury Lawyer Help? 

For these reasons, a personal injury lawyer can be very beneficial in this kind of situation.  It is important to enlist the help of a personal injury lawyer who can help you receive compensation for your injuries.  If you or a loved one has suffered a spinal cord injury, contact the personal injury lawyers at Auger Hollingsworth.  Call us at 613 233-4529 or use the contact form on the site. 

If you have recently been injured in an Ottawa bicycle accident, you may be wondering what kinds of compensation you may be entitled to.  Many people believe that the only compensation you can receive is monetary reimbursement for medical expenses.  This is in fact, not the case.  There are a number of other kinds of damages for which you can make a claim and receive compensation.  The following will briefly describe some types of compensation that victims of bicycle accidents may be entitled to.

 There may be compensation for medical expenses after a bike accident

The first and perhaps more well-known kind of compensation is for medical expenses.  While many medical treatments are covered by OHIP some are not.  For example, physiotherapy and massage therapy are often recommend for people who have sustained injuries, but they are not covered by OHIP.  In addition, prescriptions, ambulance bills, and some medical equipment are not covered by OHIP either.  Some people may be covered by insurance provided through their employer, but even if that is the case, it may not cover 100% of your expenses.  All this being said, if you are seriously injured in an accident, do not hesitate to check yourself into a hospital for medical attention.  Don’t let the fear of medical expenses deter you from receiving the medical help you need.  Just make sure to keep a complete record of your medical expenses so that you are ready with any records you may need if you decide to file a lawsuit.

 Sometimes there is compensation available for lost wages

Another kind of compensation is for wage and income loss.  This kind of compensation can vary depending on the extent of your injuries and the impact they have on your ability to work.  For example, if your injuries prevent you from working for more than one week, you will be entitled to be reimbursed for your lost wages up to a pre-determined amount per week.  On the other hand, if your injuries render you unable to work at your existing job or if you have to find work in a different field where you will be paid less, you may be able to claim damages due to the reduction in future earning capacity.  This can include compensation for salary as well as for any bonuses, commissions and health benefits you may have received.

Compensation for Pain and Suffering After a Bike Accident in Ontario

 If your injuries are so severe that you have suffered permanent scarring or other kind of disfigurement, you may be entitled to compensation.  Severe disfigurement, particularly in children, can lead to lasting emotional and psychological damage.  These kinds of damages are often taken into consideration in determining compensation.

 Lastly, you may also be able to receive compensation for pain and suffering.  This includes physical as well as psychological and emotional suffering.  In order to receive this kind of compensation your injuries need to meet certain criteria, or a legal “threshold”.  A personal injury lawyer will be able to assess your case and tell you if you meet the necessary criteria.

Next Step?

Contact an experienced personal injury lawyer to see if you have a case for any of the compensation outlined.  Call Auger Hollingsworth at 613 233-4529.

Some Ottawa bicycle accidents are minor, resulting in a few scrapes and bruises.  In these cases, there is generally no reason to pursue legal action.  However, if your injuries are serious and have the potential to cost you thousands of dollars, you should seriously think about hiring a personal injury lawyer.  It can be difficult and overwhelming to handle your case on your own.  There is a lot of legal jargon involved and the process can be confusing to those who are not familiar with the legal system.  Insurance companies can also be difficult to deal with so working with someone who has experience in dealing with insurance companies can be very useful.

Without knowing the specific details of your particular case, it is impossible to say if you need a lawyer or not.  That being said, there are a few things you can consider about the benefits of hiring a personal injury lawyer to handle your case.

The personal injury lawyers at Auger Hollingsworth provide a wide array of services for their clients.  We conduct an initial interview to learn the details of the claim and to educate the client about the process of filing a suit.  We also gather all necessary records, documents such as medical and police report, as well as witness statements to support the claim.  We also help our clients locate the resources that can help them with their recovery, such as local, provincial and federal assistance programs.

One of the most difficult parts of the process can be conversations with the insurance adjuster.  We conduct negotiations with the insurance company so that our clients don’t have to.  In the event that the case goes to trial, we full prepare everything we will need for court and prepare our client for the process of going to trial.  Depending on the nature of the case, we often hire experts who can support our claim.

This is what we generally offer all of our clients, but the details of your case determine the exact nature of the services we will provide for you.  Because every bicycle accident case is different, we tailor our services to the particular needs of each claim.  Also, it is good for you to know the kinds of things that a personal injury lawyer should do for you, as you look into hiring the lawyer who is right for you.  Make sure that you hire a lawyer who is experienced in the field of personal injury and who has achieved positive results for clients in the past.

ONTARIO ACCIDENT LAWYER – If you have recent been in an Ontario bicycle accident, you likely have many questions about where to go from here.  You may be asking yourself, “who is at fault for the accident?”, “which laws apply to my situation?”, “how do I go about seeking legal help?”  The laws regarding bicycles and bicycle accidents in Ontario come from a few different sources and it can be difficult for an individual to understand the legal issues of their particular situation.  We want to help you understand bicycle laws and avoid making the mistakes of either assuming you have no legal case, or hiring a lawyer without much thought because you want to quickly pursue legal action.  The following will go over the basics of bicycle law in order to help you become informed.  While this does not replace personal legal advice, it is a good place to start.

A variety of legislation regulates the laws regarding bicycles and cyclists in Ottawa.  Municipal bylaws such as the Highway Traffic Act, as well as the City of Ottawa Traffic and Parking Bylaws and the National Capital Commission Traffic and Property Regulations all contain provisions regarding bicycles and cyclists.  Also in some circumstances, certain sections of the Criminal Code of Canada can apply to cyclists.

All of these sources make one thing clear: bicycles are considered vehicles in Ontario.  This means that they are subject to the same Ontario traffic laws as motor vehicles.  You likely already know most of the traffic laws that motor vehicles have to obey but it is an altogether different thing to know how to follow these laws while on a bicycle.  When cycling, remember that you are considered a vehicle and make sure that you obey all of the traffic laws (for example, stopping at a stop sign, signalling when turning, riding in the appropriate lane, shoulder checks, etc.)

If you are a cyclist, it would be a good idea to familiarize yourself with the laws that govern bicycles and cyclists.  You can find the legislation mentioned above at the following website: www.elaws.gov.on.ca.  You can get an overview of most applicable laws in our new book, Spinning Out of Control.  Take a few moments to look at the laws about cyclists so that you can be better equipped to ride safely.  And if you do get into an accident while cycling, you will already have an idea about the legal issues that might be at play in your case. 

For more information about the legal issues of your particular case, contact the personal injury lawyers at Auger Hollingsworth for a free consultation.  You can reach us at 613 233-4529.

OTTAWA- A man was sent to hospital in serious but stable condition after a motor vehicle accident at the intersection of St Laurent Blvd. and Conroy Road on Thursday afternoon.

Crews were called to the intersection just before 5 p.m on Thursday, June 2, 2011.

The collision involved an SUV and a minivan.  The driver of the minivan was treated for a number of injuries.  The driver of the SUV was reportedly uninjured.

Also of significant concern, a  female cyclist who was travelling close to the intersection at the time of the collision was struck by one of the vehicles and suffered a fractured wrist and abrasions.

For free information on what to do after a serious motor vehicle accident or bicycle accident, order Auger Hollingsworth’s free consumer guides.  There is no obligation whatsoever and no-one will contact you unless you request contact.

While it may be impossible to completely avoid being hit by a vehicle while riding a bicycle, there are a few things that cyclists can do to reduce the chances of an accident.  Just as motorists are responsible for obeying the rules of the road and driving safely, cyclists should also do all they can to help prevent bicycle accidents from occurring.  The following guidelines can help you as a cyclist do your part to keep Ontario roads accident-free.

First, be sure to always follow the rules of the road.  In Ontario, bicycles are considered vehicles and must therefore follow the same traffic signs and lane markers as motor vehicles.  When possible, cycle in a designated bicycle lane and make sure to always obey traffic signs such as stop signs, traffic lights, one-way signs, etc.

Another important rule to obey is to always ride with the flow of traffic.  Always cycle in the same direction as the vehicles around you and never ride against traffic.  Riding against traffic can be extremely dangerous and can surprise motorists.  The safest place for you to cycle is to the far right side of the road close to the curb.

Also, never pass on the right side because in doing so you may place yourself in the driver’s blind spot and they may not be able to see you or know that you are there.  Unexpected movements like passing on the right, place you in serious jeopardy because motorists around you don’t expect you to be in their blind spot.  As much as possible, remain visible to the vehicles around you.

Many cyclists today may enjoy listening to music while they ride but this can be very dangerous.  By listening to music while you cycle, you are unaware of the traffic sounds around you which can increase the chances of an accident occurring.  It is important to always be aware of your surroundings and being able to hear what is going on around you is key.  You need to be able to hear a car horn or the voice of a driver so that you know how to respond in a given situation.

In order to be visible to motorists, make sure that you always wear brightly coloured clothing and if you are riding at night, you should wear reflective clothing.  By wearing the appropriate clothing, you are ensuring that motorists can see you.  If drivers can easily see that a cyclist is nearby, they will be able to exercise caution when driving around you.

If you are cycling in the evening or at night attach a headlight to the front of your bicycle and a red reflector on the back.  Again, this is to increase your visibility so that motorists can see you.

One last important tip is to always use the appropriate hand signals to indicate when you are turning.  It is important to use this method of communicating to other vehicles on the road.  If a driver knows where you intend to go, they will be able to adjust their speed or otherwise prepare.

By taking the necessary safety precautions you can protect yourself and others from dangerous bicycle accidents.  If you are looking for legal advice about a bicycle accident, a personal injury lawyer can help.  Contact the injury lawyers at Auger Hollingsworth to see if you have a legal case for your injuries.

Ottawa Accident Lawyer–If you are an Ontario  pedestrian or a cyclist who was struck by a motor vehicle in Ottawa, there is accident benefit insurance that can help you.  If you do not have car insurance, accident benefit insurance is available to almost anyone injured in an Ontario accident.  Your personal injury lawyer will be able to tell you if you are qualified to receive this kind of insurance.  If you are, your lawyer will help you with the process of benefiting from this insurance which will help you pay for your rehabilitation from your injuries.

Also, if you don’t already have insurance and you also don’t live with someone does, you will most likely be covered by the insurance of the driver who struck you.  Most car insurance policies include provisions that provide some degree of insurance for anyone struck by the vehicle in an accident.  If the driver does not have proper insurance, there is still insurance available which your personal injury lawyer will be able to explain to you.

A personal injury lawyer will be able to point you in the right direction and will help you get the rehabilitation you need.  In the event that you are struck by a car as a pedestrian or a cyclist don’t automatically assume that you will be left to pay for your rehabilitation on your own.  There are a variety of ways for you to receive insurance even if you are not currently protected by an existing insurance policy.  Your personal injury lawyer is there to help you find the appropriate kind of insurance that will help cover the costs of treating and recovering from your injuries.  Being in a car accident as a pedestrian or cyclist can be a frightening and overwhelming experience.  A personal injury lawyer can help you find the right kind of insurance which will help to ease the burden of your injuries.

Lawyer Brenda Hollingsworth – Bicycle and Car Accidents on Ottawa Streets

Ottawa personal injury lawyer Brenda Hollingsworth appeared on Daytime Ottawa today to review what steps you should take if you are injured in an Ottawa accident involving a motor vehicle and a bicycle.

Here is Auger Hollingsworth’s

10 Steps to Take After a Motor Vehicle – Bicycle Collision

1. Get Safe-  Make sure you are off the road, out of the way of oncoming traffic.  Save yourself first, worry about your bike after.
2. Don’t Apologize or Explain – Be polite but do not accept responsibility or explain what you were doing to the other driver(s).
3. Call the Police and / or Ambulance-  Remember, what may seem like a minor accident or minor injuries can get much worse as the hours or days go by and pain sets in.  If you don’t call the police to the scene, you miss the opportunity to have a report done at the scene.  Get the officer’s name and badge number.
4. Look for Witnesses.  Assuming you are able, track down the names and numbers of people who witnessed the accident.  Don’t have a pen and paper?  Consider texting the info on your cell.  Many PDA’s have “note” options.
5. Take Photos-  Remember your cell phone has a camera.  Take photos of all sides of any vehicle involved, do a close up of any damage, consider photos of witnesses, license plate numbers and the accident scene.
6. Exchange Information- Get the name and contact info of any involved driver and vehicle owner.  Take the driver’s license number and insurance information too.
7. Get Immediate Medical Attention-  If you do not need to go to the emergency room, visit your family doctor or walk-in clinic shortly after the accident.  Sprains, strains and even fractures are not always immediately obvious.  If you wait, you may have a hard time proving the accident caused the injury.
8. Document the Damage to Your Bike-   Have your bike assessed by an experienced bike technician or engineer before it is repaired or scrapped.
9. Report the Accident.-  Even if the bike accident was not your fault, report it to your auto insurer to activate your accident benefits.  If you don’t have auto insurance, report the accident to the other person’s insurer.
10. Contact a Personal Injury Lawyer for a Free no Obligation Consultation.  If you contact Auger Hollingsworth, we will provide you with a free copy of our two books:  An Injured Victim’s Guide to Fairm Compensation and Crash Course:  A Savvy Woman’s Guide to Ontario Accident Claims.  Both have important information for cycling accident victims.

If you have been injured by a car while riding a bicycle or as a pedestrian, it’s important to speak with a top personal injury lawyer as soon as you’ve received necessary medical treatment. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.