As cycling becomes more popular across Ontario, so too has the number of bicycle accidents involving vehicles.[2] These incidents are often severe, life-altering, and tragically, sometimes fatal.
At JRJ Law, we have represented countless cyclists who were seriously injured due to negligent drivers or unsafe road conditions. Here are some practical safety tips, legal insights, and important reminders about your rights as a cyclist in Ontario.
The Risks: Why Bicycle Accidents Happen
Every year, thousands of cyclists are injured in collisions across Canada, and Ontario is no exception. In fact, the Ontario Provincial Police reported 259 cyclist fatalities in 2022 alone[3], with the vast majority involving motor vehicles.
Leading causes of collisions include:
- Driver speeding
- Distracted driving
- Impaired or aggressive driving
- Dooring incidents (when a parked car’s door opens into a cyclist’s path)
- Unsafe passing distances or failure to yield
Even with increased awareness campaigns, cyclists remain one of the most vulnerable groups on Ontario’s roads.
Understanding the Law: Your Rights as a Cyclist
Cyclists in Ontario are protected by several key legal provisions:
Statutory Accident Benefits (SABs)
If you’re hit by a vehicle—even if you don’t have auto insurance—you may be entitled to SABs through the at-fault driver’s insurance. These benefits can include:
- Medical and rehabilitation coverage
- Income replacement
- Non-earner and caregiver benefits
- Attendant care
- Catastrophic injury support
The Reverse Onus (Section 193, Highway Traffic Act)[4]
When a cyclist is struck by a motor vehicle on a public roadway, the law presumes the driver is at fault unless they can prove otherwise. This “reverse onus” shifts the legal burden and provides significant protection to injured cyclists.
Note: This reverse onus does not apply on private property, such as parking lots.
Contributory Negligence: When Fault is Shared
Even under the reverse onus rule, cyclists are expected to take reasonable steps for their own safety. If a cyclist is found to have contributed to the accident—such as by:
- Not wearing a helmet
- Riding at night without lights
- Failing to follow traffic rules
- Cycling in a crosswalk
then courts may reduce the damages awarded proportionally.
- In Pelletier v. Ontario[5], a cyclist who rode through a crosswalk was found 40% at fault, significantly lowering their award.
Winter Cycling: Know the Extra Risks
Cycling in winter brings unique hazards—slippery roads, reduced visibility, and maintenance challenges. Courts expect cyclists to adapt by:
- Using winter tires or studded tires
- Ensuring brakes are functional in cold weather
- Wearing highly visible or reflective gear
- Avoiding roads deemed unsafe for cycling
Failing to do so could impact liability and the amount of damages you may receive.
Municipal Liability and Poor Road Conditions
Ontario municipalities have a duty to maintain bike lanes and roads in a safe condition year-round. If you’re injured due to:
- Uncleared snow
- Potholes
- Ice or debris on bike lanes
you may have a claim against the municipality, though proving negligence can be complex and time-sensitive. The importance of experienced legal counsel is critical in these situations.
What to Do After a Bicycle Accident
- Seek medical attention immediately, even if injuries seem minor.
- Call the police and ensure the accident is documented.
- Exchange contact and insurance information with any involved drivers.
- Gather evidence: photos of the scene, damage, weather, and your injuries.
- Identify witnesses, if any.
- Notify your insurer (or the at-fault driver’s insurer).
- Contact a personal injury lawyer to protect your rights and handle deadlines.
Reminder: You have 2 years from the date of the accident to commence a personal injury lawsuit in Ontario.
How We Help
At JRJ Law, we’ve helped injured cyclists secure compensation for medical bills, lost income, pain and suffering, and more. Whether you were hit by a car, injured by poor infrastructure, or forced off the road, we’re here to ensure your voice is heard and your recovery is prioritized.
Contact us today if you have been injured in a cycling accident at 1-844-DIAL JRJ and a member of our team will be happy to provide you with a FREE consultation.
Let’s talk about your rights and how we can help you get the justice you deserve.