The truth is that the weather in Ontario can get rather rough during the winters. However, once the spring comes and it starts getting warm again, people get on their bikes and start cycling. This is a great endeavor. It allows you to get from point A to point B particularly fast and it’s environmentally friendly. However, it’s also rather dangerous. Even though you are going to wear protective gear, being involved in an accident usually means pain – lots of it. The reason is quite obvious – the collision between a 500 pound vehicle and a 25 pound bike won’t ever be good for the latter.
Now, there is a new phenomenon which is obviously catching up to speed in Ontario and it’s called dooring. This term relates to the event in which a driver opens his door on his parked car without paying attention to whether or not there is a cyclist and the entire thing results with an accident.
Now, the driver of the car is going to claim that he did everything right – he pulled over, turned off the ignition, looked both ways and opened the door. Then, suddenly and out of the blue the cyclist smashed into the door. On the other hand, the cyclist is going to claim that he was paying close attention to the conditions on the road and that the driver failed to exercise the necessary care to look around and ensure he could open the door without any issues.
Highway Traffic Act of Ontario
Unfortunately enough, the Highway Traffic Act of Ontario does not provide any legal solution to this particular type of case, specifically. This is due to the fact that it’s a fairly new phenomenon and it could only appear in heavily populated cities. This is of little relevance, however, because it’s obvious that the type of accident needs regulations.
As it turns out, the driver could be held liable in dooring accidents. The accident has derived from the use or the operation of a motor vehicle. The law does not make a thorough difference between whether the motor vehicle was actually moving or not. With this in mind, the cyclist can thoroughly claim all of the regular benefits.
The benefits can be for both physical injuries and pain and suffering and are of the same amount as if the regarded was a regular accident involving a motor vehicle. Regardless of this, it’s important to make a strong legislative change and specify strict liability in situations of the kind. This is a serious matter which is posing threat to citizens and it needs specific regulation. Using derivative provisions leaves a potential case open to appeal which can jeopardize the just solution. If you are one of the victims of such an accident, it is important to consult with a personal injury lawyer and ensure that your rights are protected. With many experienced legal services, it is easy to select the right lawyer for your requirement.
