Pedestrian & Bicycle Accident Lawyer + Claim

How do I get medical and rehab care for a bicycle and pedestrian accidents claim?

We help our clients access Part 7 benefits to receive the care they need to recover from an accident. Part 7 of the Insurance (Vehicle) Regulation provides no-fault insurance benefits to persons injured or killed in Canada or the United States for bicycle and pedestrian accidents claims in BC, regardless of fault. ICBC may pressure you to get all of your medical records, including records not related to your bicycle and pedestrian accidents claims in BC. ICBC can use this information against you to try and limit the amount of money you could get.

ICBC must provide up to $150,000 in Part 7 medical and rehabilitation benefits. ICBC must pay for all reasonable treatment costs for those who are insured under Part 7 Accident Benefits. These include necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis. There are other benefits for equipment, attendant care, vocational training and more. For a complete list of Part 7 Accident Benefits, visit BC Laws.

The full amounts of these treatments are not always covered under Part 7. As ICBC will only pay for the primary costs of certain treatments and not the user fees under Part 7, an experienced bicycle and pedestrian accident lawyer can require your entire treatment costs, including user fees to be reimbursed to you from the at-fault driver policy. However, for qualifying retained clients, BTM Lawyers will fund treatment and pay treatment providers directly.

What happens if I’m not able to work in a bicycle and pedestrian accidents claim?

If you were working at the time of the accident and were totally disabled for more than 7 days and your disability began within 21 days of the accident, you could qualify for Part 7 disability benefits if there is no other coverage. The amount payable is 75 per cent of your average gross weekly wage up to a maximum of $300 per week or $145 per week for homemakers. Part 7 benefits may also include a Graduated Return to Work Program determined case by case. For more details, visit BC Laws.

If you were unemployed on the day of the accident, you may still receive benefits if you worked for at least 26 weeks in the year before the accident. Part 7 benefits are also available if you were self-employed or work part-time. If you are self-employed, it is extremely important you maintain records to calculate losses as soon as you are unable to work. We can help with your Part 7 disability claim, as well as past wage loss and future wage loss to be covered under the at-fault driver’s third-party insurance policy.

I was hit by a passing motorist, how can a bicycle accident lawyer help?

Cyclists are often hit by vehicles trying to pass them. The Motor Vehicle Act in BC protects cyclists from these types of collisions, as vehicles must move to the left of the cyclist at a safe distance before passing. The driver of the vehicle may say you were not sufficiently to the right in the lane. As bicycle accident lawyers, we will investigate your claim so you can get compensated fairly for your losses. This includes obtaining reports from the police, witness, accident reconstruction specialists and doctors.

Am I at fault for riding my bicycle on the crosswalk?

In BC, liability for causing an accident is primarily determined by statute law; the Motor Vehicle Act in BC is referenced to determine liability apportioned for all parties involved, as it governs the Rules of the Road. Contributory negligence occurs when a cyclist is considered to be a cause in the injury suffered, such as riding on the crosswalk. This sometimes reduces the amount recovered from the defendant. An accident reconstruction expert may be involved to produce a report as evidence for liability assessment.

The Motor Vehicle Act in BC prohibits cyclists from riding on crosswalks in most circumstances. When this happens, ICBC may try to blame the accident on the cyclist. If this happens to you, you can still get compensation, even if you are partly at fault. Your entitlement will depend on the percentage of liability you have contributed for the collision. Making this determination is a complex legal issue. We will work with you to dispute ICBC making an unfair decision about liability, and help you get a fair compensation from the accident.

Am I at fault for riding my bicycle on the sidewalk?

The law prohibits cyclists from riding on sidewalks in most circumstances. ICBC may use that fact to deny you any compensation. However, that does not mean the accident was entirely your fault. The location of your bicycle at the time of the crash is just one of many factors in determining fault for an accident. Even if you were on a sidewalk, the driver who hit you had a legal care to drive with reasonable caution. If the driver should have seen you, and was not keeping a proper lookout, you may not be entirely responsible, even if you were on the sidewalk. This means you can still get some compensation for your injuries.

Do I get any compensation if I was jaywalking?

Jaywalking occurs when crossing the road at an area which was not a crosswalk. ICBC often denies jaywalking claims, particularly if there are witnesses. Even if a pedestrian is jaywalking, they may be entitled to compensation for injuries. The driver must also be alert for any road conditions, keep a proper lookout and take evasive steps to avoid a collision with a pedestrian.

If you can prove the driver was at fault even partially, you can still obtain some compensation. An experienced bicycle and pedestrian lawyer can use the legal system to enforce the driver to answer questions to discover how far the driver was away from you when they first saw you, what evasive actions were taken and if there was use of a cell phone. We can obtain cell phone records as evidence.

What about claiming damages to my bicycle or personal effects?

With bicycle and pedestrian accidents claims in BC, the at-fault driver is responsible for the full costs for repairs needed to your bicycle. If your bicycle and other personal effects are destroyed in the accident, the full replacement costs are also covered. These are called special damages and we can help you get these paid under the at-fault driver’s third-party insurance policy.