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Bicycle Accidents

Bicycle Accident Lawyer in Halifax, Nova Scotia

With all the good weather we have been having lately, as motorists it is important to be aware of cyclists on the road. The Nova Scotia Motor Vehicle Act makes it clear that cyclists have the same rights and responsibilities as motorists in order to prevent accidents.
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For example, both are required to drive on the right side of the road and both are required to drive single file, except when passing. Both motorists and cyclists are required to use signals when making turns.

The motorist has a duty to be aware of cyclists and to share the road.

 Motorists are required to leave at least one metre (three feet) of space when passing a cyclist. It is also important for motorists to be aware of the speed of the bicycle. Often motorists misjudge the speed a cyclist is traveling and this mistake can lead to collisions.

As for cyclists, the law requires that a helmet be worn at all times. Your helmet should be snug and sit low on the forehead. The chin strap should be tight enough to allow only one finger between it and your chin. Lights and reflectors are also essential, particularly when travelling at night. A horn or bell can be used to warn pedestrians and other vehicles that you are approaching.

The Bicycle NS website lists the following “Rules of the Road for People Riding Bicycles”:

  • Cyclists of all ages must wear a helmet.
  • Every bicycle must be equipped with a bell or horn.
  • When riding between 30 minutes before sunset and 30 minutes after sunrise, you must have a front white light and a rear red light or rear red reflector.
  • Just like people driving motor vehicles, people riding bicycles must signal their intention to turn and make lane changes.
  • Cyclists must ride on the right-hand side of the road, with the flow of traffic, and as near as practicable to the road edge (roughly one metre from the edge depending on traffic speed, road width, and destination).
  • Cyclists may take the full lane when going through a roundabout, making a left turn, or when necessary for safety. Ride in a straight, predictable path, do not weave around parked cars, stay one metre away from parked cars to avoid the “door zone,” and take the lane as needed to turn or avoid hazards.
  • Cyclists may pass motor vehicles on the right if it is safe to do so.
  • Except when passing another cyclist, people cycling on a highway must ride in single file.
  • Motor vehicles may not park in a bike lane. Fines range from $25–$225.
  • Motor vehicles may only pass a bicycle if it is safe and there is at least one metre of open space between the vehicle and the cyclist. Motor vehicles may cross a line to pass safely.
  • Bicycles are allowed on all roads in Nova Scotia unless otherwise posted with “no bikes or slow moving vehicles” signs.
  • Cyclists must follow the same laws as motor vehicles unless specific exemptions apply.
  • Cyclists may not ride on the sidewalk or use crosswalks while riding.
  • Children (16 and under) may cycle on a sidewalk in a public square, park, city, or town.

Road safety requires both motorists and cyclists to be vigilant and obey the rules of the road to avoid accidents. When cyclists and motorists work together, the chance of a collision is greatly reduced. Learn more with the lawyers at Wagners.

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Road Safety Requirements

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Road safety requires both motorists and cyclists to be vigilant and obey the rules of the road to avoid accidents. When cyclists and motorists work together, the chance of a collision is greatly reduced.

The Nova Scotia Motor Vehicle Act makes it clear that cyclists have the same rights and responsibilities as motorists in order to prevent accidents. Motorists must be aware of cyclists and share the road. Unfortunately, that doesn’t always happen.

Bicycle Accident Lawyer in Halifax

Like in many other cities, cyclists in Nova Scotia are exposed to serious accidents and personal injuries. As cycling becomes more popular in this region, sharing the road with motor vehicles can be risky. Cyclists are urged to follow the rules of the road to minimize the risk of being seriously injured or killed. Vehicles often have blind spots, increasing the danger for cyclists. From illegally parked cars and motorists who disregard cyclists to potholes, exposure to the elements, and the risk of colliding with an open car door, bicyclists face numerous hazards every day.

No matter where you travel in Halifax, you are likely to share the road with other users. In accidents involving a bicycle and a car, the cyclist often sustains serious injuries, regardless of who is at fault. If you are involved in a bicycle accident with a motor vehicle, it is important to understand your rights. You may be eligible for accident benefits regardless of your policy at the time of the accident. When you speak with a bicycle accident injury lawyer as soon as possible, you can receive guidance and support to pursue the compensation you deserve for medical expenses, attendant care, loss of income, and other accident-related costs.

Dooring incidents and bike accident claims in Nova Scotia

There are streets in Halifax that can be quite crowded. In these areas, getting “doored” is a common fear among cyclists. Getting doored refers to a situation where a cyclist collides with a parked car door that is suddenly opened into the rider’s path. When this happens, the resulting injuries can be severe, even if the cyclist was travelling at a low speed. The rider may be thrown from the bicycle and sustain significant injuries.

To prove fault, you must show that the driver or occupant of the vehicle was negligent in opening the door and that this negligence caused the accident. Drivers are required to exercise a certain level of care before opening a door into traffic. The law states that a driver must not open a vehicle door on the side facing moving traffic unless it is reasonably safe to do so and will not interfere with the movement of other traffic. An injured cyclist may seek compensation from the at-fault party by proving that the driver acted negligently or unreasonably in opening the door into moving traffic. With the assistance of an experienced bicycle accident lawyer in Nova Scotia, you can explore different ways to establish the driver’s liability.

Can the driver blame the victim for the accident?

There are instances where the driver may blame the cyclist for not paying attention or not taking steps to avoid the accident. Additionally, if the cyclist was riding too close to the lane of parked cars, he/she may be considered partly at fault. It is important to work with an experienced lawyer who will put up a strong fight and defend against all claims that you were partially to blame for the dooring incident.

Differences between a Halifax bicycle accident and motorcycle accident

Unlike bicycle accidents, motorcycle accidents often occur at extremely high speeds. That’s why motorcycle accident victims can suffer serious injuries such as road rash, facial fractures, broken bones, and burns. Bicyclists are also at high risk of serious head injuries. In Nova Scotia, cyclists are considered vulnerable road users, just like pedestrians.

Compensation Sources

Disability insurance

No Fault Accident Benefits

Suing the parties involved for negligence

If you are employed, you may access short- or long-term disability benefits through your employer as part of your worker’s benefits. You may also have a private policy providing these benefits. Your disability insurance is considered the primary coverage and is intended to take effect immediately after the accident. Your car insurance will only apply once you have exhausted your disability insurance limits.

Since Nova Scotia has the no-fault accident benefits system, cyclists can access accident benefits if injured regardless of who is to blame for the accident. The no-fault benefits can be paid from various sources depending on the unique circumstances of your accident. For instance, you can access these benefits through the motor vehicle driver’s insurance. If you have auto insurance or your spouse/parent has listed you as a dependant, you may also access no-fault benefits from these policies.

Other than the accident benefits, you may also be entitled to compensation for losses incurred by suing the negligent party. You may get compensated for:

  • Pain and suffering
  • Out of pocket expenses
  • Medical costs, attendant care expenses, future treatment, and care costs
  • Loss of ability to earn income
  • Housekeeping and caregiving costs
  • Loss of guidance and companionship
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