What Damages Can I Seek After a Bicycle Accident?

If you have been recently injured in a bicycle accident, you may be thinking: “What damages can I recover after a bicycle accident?”

The answer depends on many factors, including the seriousness of your injury, the size of your financial loss, and fault.

In Ontario, an injured cyclist is able to seek compensation through a combination of accident benefits and, if eligible, a tort claim from the liable party. A successful personal injury action can include both economic and non-economic losses, especially in the event of serious injury or permanent disability.

Some of the most typical forms of compensation a hurt cyclist can recover include:

• Medical care and future medical care
• Lost earnings or income replacement benefits
• Pain and suffering for permanent trauma
• Right out-of-pocket expenses related to improving
• Damage to property (e.g., to the bike or gear)
• Housekeeping and attendant care services, if required

An experienced personal injury lawyer can review your case, obtain medical evidence, and clarify what you’re entitled to under Ontario personal injury law and insurance policy coverage.

Collecting Damages for a Bicycle Accident

Collecting damages for a bicycle accident means maintaining a clear understanding of your rights according to Ontario law. You, the injured cyclist should first have yourself treated by a physician, report the accident to the police, and notify your insurance firm or the insurer of the negligent party immediately.

Most significant steps to get compensation:

• Report injuries from bike accidents, including head injury, broken bones, or other major injuries
• Keep medical practitioners and document all the medical bills
• Meet with a personal injury lawyer to establish your injury claim
• Determine the negligence of the other party (e.g., not watching the road rules, traffic signs, or exercising reasonable lookout)

Economic Damages

In a bicycle crash, economic damages are the real cash losses you’ve experienced from your injury. Economic damages are typically easier to add up and prove with receipts, work history, and medical reports.

Examples of economic damages include:

• Lost wages for time lost at work
• Lost earnings or compromised earning capacity if you cannot work in your previous job
• Medical costs, including rehabilitation, medication, and mobility aids
• Substantial property loss (e.g., repair or replacement of the bike)
• Medical travel to appointments or therapy
• Home adaptations or equipment in cases of permanent disability

Lost Wages

Time lost from work is the most immediate and measurable consequence of a bike accident. Lost wages are a large component of your bike accident claim, especially if your bike accident injuries prevent you from working on a temporary or permanent basis.

An injured cyclist might recover:

• Wages lost during recuperation
• Shifts, commissions, or contract work lost
• Income lost due to attending doctors’ appointments or therapy

If you’re self-employed or freelancer, you may need to produce other financial records such as tax returns, invoices, or letters to clients to prove lost income.

Medical Expenses

Medical expenses can pile up quickly following a bike accident, particularly in cases involving severe injury, such as head injuries, broken bones, or permanent disability.

These may include:

• Emergency room services and hospital stay
• Rehabilitation, physiotherapy, or chiropractic services
• Medical devices (i.e., crutches, braces, wheelchairs)
• Prescription medication and pain management
• Long-term care or home nursing care

Reduction in Future Earning Capacity

In some cases, a bicycle accident will cause permanent disabilities that limit your ability to return to your previous occupation or earn the same salary. This is referred to as a loss of future earning capacity and may be a significant part of your personal injury claim.

Some examples include:

• Loss of manual labour physical capacity
• Mental deterioration due to head injuries
• Career interruption which reduces future contract or promotion opportunities

Property Damage Expenses

Aside from bodily injury, most riders suffer significant property damage to their bike and gear. If it’s a costly bike, helmet, phone, or other equipment, you can include property damage expenses in your bicycle accident claim.

You may be eligible for reimbursement for:

• Bicycle repair or replacement
• Damaged accessories (helmet, GoPro, clothing, etc.)
• Broken phones, glasses, or fitness trackers damaged in the crash

Make sure to take photos of the damage, retain receipts, and get repair estimates when possible. These records help validate your claim and ensure the insurance company doesn’t undervalue your losses.

Disfigurement

Disfigurement resulting from a bicycle accident, i.e., facial scarring, road rash, or other externally apparent injuries, may have profound psychological and emotional effects on the victim. Such types of injury are not likely to affect earnings but are still worthy of compensation because of their long-term social, emotional, and psychological effects.

Your bicycle accident lawyer can help you recover damages for:

• Body and face scarring permanently
• Emotional trauma or embarrassment
• Expenses of cosmetic surgery due to injury
• Effects on interpersonal and professional relationships

Disfigurement usually counts as non-economic damages in an action on the case for personal injury and needs to have good medical backing and photographic proof.

Disability

If the bike injury permanently impairs, partially disables, or totally disables you, the injured cyclist may qualify for long-term financial compensation for loss of earnings and independence. This is especially so if the injury interferes with your ability to work or provide for yourself.

Some common causes of disability in bicycle crash injuries are:

• Spinal cord injuries
• Traumatic brain injuries
• Loss of limb or function
• Chronic pain or nerve damage

In such situations, it’s important to hire a veteran bicycle accident attorney who knows how to establish long-term disability and prevent the insurance company from downplaying the value of your personal injury case.

Non-Economic Damages

Unlike economic damages, non-economic damages are more subjective in nature and relate to the personal impact of the accident and not to immediate economic losses. They are also as important and are often awarded in cases involving serious injury, permanent disability, or disfigurement.

Non-economic damages can include:

• Emotional distress
• Anxiety or depression
• Loss of enjoyment of life
• Strain on personal relationships
• Sleep disturbance or PTSD symptoms

Pain and Suffering

One of the more well-defined forms of non-economic damages in a bike accident case, pain and suffering is both the physical pain of your injuries and the emotional anguish involved in your recovery.

Compensation may include:

• Routine physical discomfort
• Loss of mobility or function
• Psychological trauma
• Increased recovery periods
• Need for extended treatment or therapy

Injured Cyclist Rights and Responsibilities

In Ontario, injured cyclists have the right to sue for their injuries, but also responsibilities. Obeying traffic rules, following traffic signals, and cycling in bike lanes are all part of exercising your right to sue a careless driver or other party.

Key take-aways:

Cyclists are subject to the same rules as motor vehicles

You are also entitled to recourse by way of legal action if another violated their duty of care

A police report, medical treatment, and documentation are essential to building a strong case

Being aware of your rights and your obligations helps you establish fault and your position in law in a claim for personal injury.

Maximize Your Compensation with a Bicycle Accident Lawyer

Dealing with a bicycle accident claim is complex—especially when working with insurance companies that will do everything to keep payouts to a minimum. To properly protect your interests and achieve fair compensation, it’s crucial to have the assistance of an experienced and capable bicycle accident lawyer.

At Grillo Law, we will:

• Help you acquire medical evidence and documentation
• Present and file your personal injury claim or tort claim
• Negotiate for you with the insurance company
• Represent you in court, if necessary
• Offer a free consultation to discuss your case

We have handled hundreds of clients with bicycle crash and pedestrian crash cases in Ontario. If you or a loved one was seriously hurt, property was harmed, or long-term trauma was experienced after a collision, we can help.

Protect your rights. Contact Grillo Law’s Bicycle Accident Injury Lawyers today for a free initial consultation and let us help you get the compensation you deserve.