Bicycle Accident Lawyers in Nova Scotia Helping Victims Get Compensation

Justice for Injured Cyclists: Trusted Personal Injury Law Firm in Halifax

Many Nova Scotians are choosing cycling as a means of transportation during the warmer months. No wonder. Cycling allows you to enjoy the environment, avoid traffic, and stay in shape. Cyclists also face many risks, as cyclists share the streets and roads with many types of vehicles, including drivers who may be speeding, distracted, or even drunk.

Cyclists are vulnerable road users; if they get hit by a motor vehicle, the vehicle itself is rarely damaged, but the cyclist could suffer life-altering injuries. Unfortunately, many collisions are the result of negligent driving behaviour and could have been avoided had the driver acted responsibly. If you have been in a collision, you should seek legal representation immediately. You may be entitled to compensation. The bicycle accident lawyers at McKiggan Hebert Lawyers are here to help.

Common Causes of Bicycle Accidents

Bicyclists are vulnerable on the road, and accidents often occur due to negligent driving conduct.

Driver Negligence – Speeding, distracted driving, failure to yield, drunk driving, and running red lights contribute to the high numbers of crashes.
Dooring Accidents – When a driver opens their car door into an oncoming cyclist’s path without checking to ensure it is safe to do so.
Unsafe Lane Changes – Drivers fail to check blind spots before merging into bike lanes or the adjoining lanes.
Failure to Yield – Many accidents happen at intersections when drivers fail to yield the right of way to a cyclist turning left at an intersection or fail to stop at a light or stop sign.
Drugs or Alcohol – Drivers who are intoxicated make bad decisions, including wrong-way driving, swerving out of lanes, running red lights, and other actions that can result in a bicycle accident.

Settlement or Court? Compensation in Bicycle Accident Injury Claims

After a bicycle accident, you may wonder whether to settle your claim out of court or file a lawsuit. Both options have pros and cons, and the right choice depends on factors such as the severity of your injuries and the willingness of the at-fault party to make a fair offer of compensation.

Settling Your Bicycle Accident Claim

Most bicycle accident claims are resolved through negotiated settlements rather than in civil court. Settlements occur when the injured party and the at-fault party (or their insurance company) agree on compensation without involving the court.

When is a Lawsuit Necessary?

If settlement negotiations fail or the insurance company refuses to offer fair compensation, filing a lawsuit may be the best option. In court, a judge or jury will determine liability and the amount of damages awarded.

Bicycle Accident Injuries

A collision with a vehicle can leave a cyclist suffering severe or fatal injuries, even when equipped with an approved helmet. Some of the types of injuries occurring in these accidents include the following:

Head and Brain Injuries

Concussions – Caused by sudden impacts, concussions can lead to dizziness, memory loss, and confusion.
Traumatic Brain Injuries (TBIs) – Severe blows to the head can result in long-term cognitive and physical impairments.
Skull Fractures – High-impact crashes may cause fractures in the skull, leading to severe brain damage.
Facial Injuries – Cyclists can suffer broken noses, fractured cheekbones, jaw injuries, or lose teeth if they fall face-first onto the pavement. Some cases will lead to permanent facial disfigurement.

Spinal Cord and Back Injuries

Spinal injuries can have life-changing consequences, including paralysis or chronic pain.

Herniated Discs – The force of an accident can cause spinal discs to slip or rupture, leading to severe pain and mobility issues.
Vertebral Fractures – Cracks or breaks in the spine can lead to permanent damage or paralysis.
Paralysis (Partial or Complete) – Severe spinal cord injuries may result in loss of function in certain limbs or full-body paralysis.

Bone Fractures and Joint Injuries

Cyclists are at high risk of breaking bones in a crash due to the force of impact. Common fractures include:

Collarbone (Clavicle) Fractures – One of the most common bicycle injuries, typically caused by falling onto an outstretched hand.
Arm and Wrist Fractures – Cyclists instinctively brace for impact with their hands, leading to wrist, forearm, or elbow fractures.
Leg Fractures – Tibia, fibula, and femur fractures are common if a cyclist is struck by a vehicle.
Rib Fractures – A strong impact can crack ribs, leading to difficulty breathing and internal injuries.
Dislocated Joints – Shoulder, elbow, knee, and hip dislocations are painful and can lead to long-term joint instability.

Soft Tissue Injuries and Muscular Damage

While soft tissue injuries may not be as obvious as broken bones, they can cause severe pain and long-term mobility issues.

Road Rash – Severe skin abrasions caused by the body sliding on pavement can lead to severe infections that are difficult to treat or permanent scarring.
Torn Ligaments and Tendons – Sudden twisting or hyperextension can result in injuries such as ACL or rotator cuff tears.
Muscle Strains and Sprains – Overstretching or tearing of muscles, tendons, or ligaments can result in prolonged pain and stiffness.

Internal Injuries

Internal injuries can be life-threatening.

Internal Bleeding – A hard impact can cause internal bleeding in organs, which may not be immediately noticeable.
Organ Damage – Blunt force trauma can damage the liver, kidneys, spleen, or lungs.
Pneumothorax (Collapsed Lung) – Rib fractures or strong impacts to the chest can cause air to leak into the space between the lung and chest wall.

Nerve Damage

Damage to the nerves can cause long-lasting pain, weakness, or loss of sensation.

Brachial Plexus Injury – Damage to the nerves in the neck and shoulders can lead to numbness or loss of arm movement.
Peripheral Nerve Damage – Nerves in the hands, feet, or legs can be affected, leading to tingling, weakness, or chronic pain.

Vision and Hearing Damage

Cyclists may suffer injuries affecting their vision or hearing.

Eye Trauma – Direct impacts can cause corneal abrasions, retinal detachments, or blindness.
Hearing Loss – Severe head trauma or a direct impact to the ear can lead to permanent hearing impairment.

Cognitive Changes

An impact on the head can lead to a traumatic brain injury with a long-term impact on cognition and overall ability.

Memory Loss – Difficulty recalling recent events or retaining new information.
Attention and Concentration Issues – Struggles with focus, multitasking, or maintaining attention for extended periods.
Slowed Processing Speed – Difficulty understanding or responding to information as quickly as before.
Impaired Judgment and Reasoning – Challenges in making decisions, solving problems, or planning tasks.
Emotional and Behavioral Changes – Increased irritability, mood swings, or difficulty managing emotions.
Speech Difficulties – The victim may require extensive rehabilitation to attempt to recover the ability to speak.

Psychological and Emotional Trauma

The emotional damage associated with a bicycle accident can be extreme, particularly when the injuries have altered the quality of life.

Post-Traumatic Stress Disorder (PTSD) – Anxiety, nightmares, and fear of cycling again are common in accident victims.
Depression – Coping with serious injuries, medical bills, and lost independence can lead to depression.
Phobias and Anxiety – Many cyclists develop a fear of riding on the road again, which can impact their daily lives.

What Types of Compensation Can Be Paid in a Bicycle Accident Claim?

If you were injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for:

Medical Expenses – Covers physical therapy, massage therapy, and the cost of any other treatments or medical aids and devices not covered by public health care.
Lost Wages – If your injuries prevent you from working, you may recover lost income, including future earning potential.
Pain and Suffering – Compensation for the physical pain and emotional distress caused by the accident.
Property Damage – Covers repair or replacement of your bicycle and any damaged personal items.
Wrongful Death Benefits – If a loved one was fatally injured in a bicycle accident, the close family may be entitled to damages for funeral expenses, monetary losses, loss of valuable household services, and loss of care, guidance, and companionship.

FAQ: Bicycle Accidents

What should I do immediately after a bicycle accident?

First, seek medical attention, even if you feel fine. Document the scene with photos, collect witness contact information, and report the accident to the police. Avoid discussing fault at the scene and contact a lawyer before speaking with insurance companies.

How long do I have to file a claim after a bicycle accident?

The statute of limitations in Nova Scotia requires a lawsuit arising from a personal injury claim to be started within two years from the date of the accident. For wrongful death claims, the lawsuit must be started within 1 year from the date of death. If you miss these deadlines, you may lose your right to compensation entirely.

Can I still recover compensation if I wasn’t wearing a helmet?

Yes. While wearing a helmet can reduce injury severity, failing to wear one does not automatically bar you from seeking compensation. However, insurance companies are likely to argue that your injuries could have been less severe with proper protective gear.

What if the driver who hit me fled the scene?

If you were involved in a hit-and-run bicycle accident, you may be able to file a claim through the uninsured motorist coverage under your own auto insurance, if available. Law enforcement may also work to identify the driver. Nova Scotia also has a fund to pay damages involving an uninsured driver, which is administered by the Facility Association.

Should I hire a lawyer for a bicycle accident claim?

Yes. Insurance companies often try to minimize payouts, and an experienced lawyer can negotiate for the maximum compensation you deserve. A lawyer will also gather evidence, handle negotiations, and represent you in court if necessary.

What Does the Law Say About Cycling in Nova Scotia?

The law regulating drivers and cyclists in Nova Scotia is called the Motor Vehicle Act. This act lays out the rules of the road for car drivers and bicyclists alike. Some of the many rules relevant to cyclists in Nova Scotia are:

Drivers of motor vehicles must not drive within marked bicycle lanes.
Drivers must not park motor vehicles within marked bicycle lanes.
Drivers must not pass a cyclist who is riding with the flow of traffic unless there is enough space to do so safely, and the motor vehicle must stay at least 1 meter from the cyclist at all times.
Drivers can legally cross a center line to pass a cyclist safely.
Cyclists must always ride in marked bicycle lanes if there are any unless it is impractical to do so, such as when there is an object parked in the bike lane.
If no bicycle lane is available, cyclists must ride as far to the right-hand side of the roadway as practicable or on the right-hand shoulder.
Cyclists must ride in the same direction as the flow of traffic.
Cyclists must not ride a bicycle on a sidewalk.
All cyclists must wear certified safety helmets which must be fastened under the rider’s chin. Cyclists who do not wear a helmet can have their bicycles seized by law enforcement for 30 days.
Cyclists cannot have another person riding the bicycle unless it is a tandem.
Cyclists must not hitch or latch their bicycle to a car while riding.
Cyclists cannot ride a bicycle hands-free or feet-free.
Cyclists must obey stop signs and other traffic signs.

These rules are essential and have the force of law, and most cyclists are very aware of how to operate a bike safely. Nova Scotia has overhauled its rules of the road in the 2018 Highway Traffic Act, but that legislation is not in force yet. It will add more protection for vulnerable road users such as cyclists.

What Compensation Can You Get For Bicycle Accident Injuries?

If you are a bicyclist who has been injured in Nova Scotia by a negligent driver, you are entitled to seek compensation for any current and future medical expenses not covered by public health care, lost wages, loss of valuable services around the home, pain and suffering, and more. Even if the incident was partly your fault, you may be entitled to compensation.

Regardless of whether or not you were at fault for a collision, you may be able to recover what is referred to as “no-fault” or “Section B” benefits if a motor vehicle was involved in the incident. As a cyclist, you may own an insured vehicle, and your own insurance company may pay you the Section B benefits even though your vehicle was not involved in the collision. If you have no auto insurance, the no-fault benefits are paid by the insurance company that insures the vehicle that was involved.

Under Section B of the applicable insurance policy, you will receive compensation for medical expenses not covered by public health insurance incurred while treating your bicycle accident injuries up to $50,000 or more. You will also be entitled to receive up to $250 per week to compensate you for wages you have lost as a result of your injuries. This benefit is only available to bicyclists with injuries that have affected their ability to work and earn an income. If you are a family member whose loved one has died in a collision, death benefits are also available.

Schedule A Free Consultation With Our Bicycle Accident Lawyers

Have you been injured in a bicycle accident caused by a negligent driver? Contact McKiggan Hebert Lawyers today if you were injured in a bicycle accident in Nova Scotia. Let us fight for you. Our team will vigorously pursue the compensation you deserve. To schedule a free consultation regarding your case, call us today at (902) 706-2298 or fill out the form on this website.