Cyclist Accident Lawyer in Toronto & the GTA

Quick answer: If you were injured while cycling and struck by a vehicle on an Ontario public road, the driver is generally presumed at fault under section 193 of the Highway Traffic Act and must prove they were not negligent. Both an accident-benefits claim and a lawsuit may be open to you. The general deadline to sue is 2 years, and shorter benefit deadlines apply.

Cyclists, like pedestrians, are vulnerable road users with little protection in a collision. Ontario law gives injured cyclists important rights, including the same reverse onus that protects pedestrians.

The reverse onus protects cyclists too

In short: Under section 193 of the Highway Traffic Act, when a motor vehicle strikes a cyclist on a public road, the driver is presumed at fault and must prove they were not negligent. The cyclist generally needs to show the collision happened and caused injury.

As with pedestrians, this presumption is not automatic fault, applies generally on public roads rather than private property, and is subject to contributory negligence if the cyclist is found partly responsible. Common collision types include a driver turning across a bike lane, failing to yield, or opening a door into a cyclist's path (often called "dooring"). Careful evidence still matters in every case.

Source: Highway Traffic Act, s. 193(1). Confirm current wording on Ontario e-Laws: https://www.ontario.ca/laws/statute/90h08

Accident benefits and tort claims

An injured cyclist struck by a vehicle can usually claim accident benefits through an available auto policy regardless of fault, and may have a tort claim against the at-fault driver. See our car accident page for how the two tracks work together.

How AK Lawyers handles these claims

AK Lawyers (Antonov Kaganovich LLP) is a Toronto personal injury firm representing injured people only, never insurers. Here is how we approach a cyclist's claim: [CONFIRM all process points below with AK; remove any the firm does not do]

• We use the reverse onus to your advantage, while gathering scene evidence, witness accounts, and any video to establish how the collision happened.
• We build every claim toward trial readiness. The large majority settle, but a well-prepared file is what makes an insurer take a cyclist's claim seriously.
• We pursue your accident benefits and your tort claim in parallel, staying on top of each deadline so nothing is overlooked.
• You are not just a file. You'll have a clear point of contact and plain-language updates on your case.
• Contingency fees. You don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also explains how disbursements (case expenses) are handled.

The deadlines that apply to cycling collisions

The deadlines depend on your situation and the date of the collision, and one that passes can end even a strong claim. A quick, free call early on helps you avoid that.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers represents cyclists injured across Toronto and the GTA, including Mississauga, Brampton, Vaughan, North York, and Scarborough. With more bike lanes across the region, collisions at intersections and from dooring are common. Where a lawsuit is required, it is generally brought in the Ontario Superior Court of Justice.

Frequently asked questions

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