Areas of Practice

Bicycle Accidents Lawyer Toronto

Tony Lafazanis is a proud supporter of Cycle Toronto. They advocate for a safe, healthy and vibrant cycling city for all.

Please take a moment to watch the webinar Tony presented to Cycle Toronto members, “Compensating Cyclists – Where there’s a will, there’s a way“.

IMPORTANT: There is a two (2) year time limit from the date of your accident, injury or disability to file a claim in Court. If no claim is filed in Court, the right to make a claim will likely be lost. It is very important that you contact us as soon as possible to make sure that the time limit is not missed. There are a few possible exceptions to the two (2) year time limit that are best discussed with Tony Lafazanis.

Toronto Bicycle Accident Lawyer

Every year, about 7,500 Canadian Bicyclists are seriously injured.¹ Here are some facts you should know about bicycle injuries:

In Ontario, under section 193 of the Highway Traffic Act, there is a reverse onus on the motor vehicle that caused injury to the bicyclist, to prove he or she was not in the wrong.

Even if the bicyclist has no auto insurance, the bicyclist is entitled to accident benefit compensation from the insurer of the motor vehicle, even if the bicyclist was 100% at fault.

If the motor vehicle does not have insurance or has not been identified, a bicyclist injured in a bicycle-motor vehicle accident can apply to the Motor Vehicle Accident Claims Fund for accident benefit compensation. If the bicyclist was not at fault, there may also be a tort claim against the Fund.

Where there is no other traveller or motor vehicle involved (so called single bicycle accidents), there may still be fault on those responsible for maintaining suitable road conditions. Examples of unsuitable road conditions may include icy conditions, deep potholes, improper sewer grates, and unfinished surfaces.

Tony Lafazanis has successfully handled cases involving bicycle-motor vehicle collisions and single bicycle accidents. Fault may lie with the motor vehicle, be jointly shared, or lie with the authorities responsible for maintaining roads/bike lanes. Tony Lafazanis will give you the expertise you need to get the compensation you deserve.

Insurance companies are nothing to worry about with Tony Lafazanis on your side!

Tony Lafazanis has won cases for people who are partially at fault for the accident they were involved in. Sometimes there is no clearly marked division between who is at fault. The court has the right to award compensation based on the percentage of fault for each person involved. For instance, your failure to use a turn signal or make hand signals does not excuse the other driver for running into you.

Talk to Tony Lafazanis before you settle with the insurance company!

No matter whether you think you were partly to blame for the accident or not, always talk to Tony Lafazanis before accepting the settlement offer from the insurance company. Keep in mind that insurance companies will try to get out of paying more than they have to, so their opening offer will always be low.

Hiring Tony Lafazanis is risk free. There is no legal bill to pay, if there is no settlement.

[1] http://bikesafety.caa.ca/cyclists/bicycle-statistics.php

Each personal injury case is unique and requires dedication, professionalism, expertise and a personal, hands-on approach.

If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.

Get a Free Case Evaluation Today

FAQs

1. How long do I have to file a bicycle accident claim in Ontario?

Under Ontario’s Limitations Act, 2002, there is generally a two-year limitation period to file in N Ontario Court a personal injury lawsuit (a “tort claim”) arising from a bicycle accident. However, certain claims, including those against municipalities (10 day written notice), may be subject to much shorter notice requirements. Speaking with Tony Lafazanis as soon as possible can help protect your legal rights.

2. Can I get compensation for a bicycle accident if I don’t have auto insurance?

Yes. You do not need your own auto insurance to be eligible to claim benefits under Ontario’s Statutory Accident Benefits Schedule (SABS) if you are struck by a motor vehicle while cycling. Depending on your circumstances, you may be eligible to claim accident benefits through your own auto insurer, the auto insurer of your spouse or certain other family members with whom you reside, the insurer of the involved motor vehicle, or, if no insurer is available to respond, the Motor Vehicle Accident Claims Fund.

3. What if the driver fled or has no insurance?

If you are injured in a hit-and-run or by an uninsured driver, you may still be eligible for compensation. Depending on your circumstances, you may be able to claim Statutory Accident Benefits (SABS) through an available auto insurer. If no insurer is available to respond, you may be eligible to seek accident benefits and certain other compensation through the Motor Vehicle Accident Claims Fund. To discuss your case, connect with Tony Lafazanis for a consultation.

4. Can I claim compensation if the bicycle accident was partially my fault?

Yes. Under the Ontario Negligence Act, you may still be eligible to recover compensation even if you were partially at fault for the accident. Under the principle of contributory negligence, the court may reduce the amount of compensation you receive based on your share of the responsibility for the collision. Accident benefits are fully available, regardless of fault.

5. What if my bicycle crash was caused by a deep pothole?

Yes. If your bicycle crash was caused by a dangerous pothole or another roadway defect, you may be able to pursue compensation from the municipality or other authority responsible for maintaining the road. These claims are subject to strict legal requirements, including 10 days written notice requirements and limitation periods, so it is important to seek legal advice as soon as possible. For the last 40 years, Tony Lafazanis has dealt with such cases multiple times. Connect as soon as possible to discuss the case.

Areas of Practice

Bicycle Accidents Lawyer Toronto

Toronto Bicycle Accident Lawyer

Each personal injury case is unique and requires dedication, professionalism, expertise and a personal, hands-on approach.

If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.

FAQs

1. How long do I have to file a bicycle accident claim in Ontario?.tatsu-B14CVAtWwze.accordion-head{color: rgba(0,0,0,1) ;}

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5. What if my bicycle crash was caused by a deep pothole?.tatsu-BydRN0KWvfe.accordion-head{color: rgba(0,0,0,1) ;}

1. How long do I have to file a bicycle accident claim in Ontario?

2. Can I get compensation for a bicycle accident if I don’t have auto insurance?

3. What if the driver fled or has no insurance?

4. Can I claim compensation if the bicycle accident was partially my fault?

5. What if my bicycle crash was caused by a deep pothole?