Bicycle Collisions with Vehicles in Ontario: Know Your Rights and What to Do
In Ontario, the increasing number of cyclists on the roads has led to a rise in bicycle-vehicle collisions. The death of a 39-year-old man in Toronto in April 2024 when he was struck by a flatbed truck is a tragic but not uncommon example of what our lawyers are seeing.
It’s crucial to know your rights and the necessary steps to take if you find yourself in this unfortunate situation.
The very first personal injury case Auger Hollingsworth handled back in 2005 involved a cyclist who was doored by a parked car on St. Laurent Blvd in Ottawa. The cyclist flew over his handlebars and broke his collarbone. He was off work for a long time because he had a physical job. Fortunately, we were able to secure an excellent settlement on his behalf.
Common Types of Bicycle-Motor Vehicle Collisions
Cyclists navigate a wide variety of hazards on Ontario roads, many of which are created by inattentive or unaware drivers. Understanding the most common types of collisions can empower riders to better protect themselves and help them recognize when a motorist may have acted negligently.
The Right Hook
This occurs when a motorist makes a right turn at an intersection or driveway while a cyclist is riding straight through in the curb lane or bike lane. Often, the driver either fails to check their mirrors or underestimates the cyclist’s speed. From the cyclist’s perspective, they’re simply following the rules of the road. This type of crash is not about a cyclist being in the wrong place—it’s about a driver failing to share the road responsibly.
The Left Cross
This crash happens when a driver turning left at an intersection fails to yield to an oncoming cyclist. Cyclists are entitled to continue through intersections just like cars, yet some drivers misjudge the speed or presence of a bike. These collisions can be particularly severe due to the angle and force of impact.
Dooring
One of the most frustrating—and preventable—types of collisions occurs when a parked motorist opens their door into the path of a cyclist. Cyclists may be riding predictably and legally along a street when a sudden door forces them into a crash. In Ontario, dooring is not just dangerous—it’s illegal. The law places the responsibility squarely on the person opening the door to ensure it’s safe to do so.
Unsafe Passing
Cyclists have a right to space on the road. Yet many drivers attempt to pass without leaving the required one metre of clearance, often squeezing cyclists against curbs, parked cars, or other hazards. These incidents are not about cyclists “being in the way”—they’re about drivers not exercising due care around vulnerable road users.
Pulling Out from Driveways or Parking Lots
Some collisions happen when a driver is exiting a private driveway or parking lot and fails to notice a cyclist on the sidewalk or road. Visibility may be limited, but cyclists often have the right of way in these scenarios. It’s the driver’s legal duty to check thoroughly before entering the roadway.
Rear-End Collisions
Though less common than other types, rear-end crashes can happen when a motorist misjudges a cyclist’s speed or is distracted. These are often high-impact collisions, particularly dangerous for cyclists who have no rear-facing visibility and no protection.
Overtaking Too Closely at Speed
This involves a driver passing a cyclist at high speed without slowing down or adjusting their lane position. The resulting wind pressure, noise, or mirror contact can destabilize the cyclist and lead to a fall or crash—even if there’s no direct impact.
Intersection Merges and Lane Shifts
Some drivers fail to check blind spots when merging through intersections or changing lanes. Cyclists who are riding lawfully may be sideswiped or cut off. These collisions stem from driver inattention—not cyclist unpredictability.
Nighttime Visibility Conflicts
Even when cyclists use proper lights and reflective gear, drivers who are speeding or not paying attention may fail to see them. The responsibility to drive cautiously under low-light conditions lies with the motorist, not the cyclist simply trying to get home safely.
These collision types all share a common theme: the cyclist is often doing what the law allows—or even requires—while the driver fails to notice, yield, or share the road. Ontario’s legal system recognizes this, and in many cases, places the burden on the driver to explain how the crash was not their fault.
Dooring: A Particular Danger for Cyclists
Dooring is one of the most alarming and preventable dangers cyclists face—particularly in urban environments with street parking. This type of collision occurs when a parked motorist or passenger opens a vehicle door into the path of an oncoming cyclist. The cyclist, often riding in a designated bike lane or safely along the curb, may have no time or space to avoid impact. The result can be catastrophic: being thrown from the bike, struck by a passing vehicle, or suffering severe head, facial, or upper body injuries.
Ontario law specifically prohibits this conduct. Under the Highway Traffic Act, it is illegal for anyone to open a car door unless it is reasonably safe to do so. The penalty includes a fine of $365 and three demerit points. The law places the responsibility squarely on the person opening the door to check first—cyclists are not expected to swerve unpredictably into traffic to avoid the “door zone.”
From a legal perspective, the fault in dooring incidents almost always rests with the person who opened the door. These cases underscore the importance of education, awareness, and strong legal advocacy. Cyclists injured in dooring crashes are usually entitled to compensation through accident benefits and may also have a strong tort claim against the vehicle occupant.
Immediate Steps at the Scene of the Accident
If you’re involved in a collision with a vehicle while cycling, your first priority should be your safety and health. Here are essential steps to follow at the accident scene:
- Check for Injuries: Before anything else, assess yourself and others for injuries. If anyone is seriously injured, call 911 immediately.
- Move to Safety: If you’re able to move, get yourself and your bicycle out of traffic to avoid further danger.
- Exchange Information: Collect the driver’s contact and insurance information, including their name, address, phone number, driver’s license number, and license plate number.
- Witnesses: If there are any witnesses, get their contact information as well. They could provide valuable testimony later.
- Document the Scene: Use your phone to take photos of the scene, your bicycle, the vehicle, any visible injuries, and road conditions. These photos can be crucial evidence.
- Call the Police: Even if the accident seems minor, it’s important to get a police report. The report can be vital when filing a claim.
Accessing Accident Benefits as a Cyclist
If you are injured in a collision involving a motor vehicle, even as a cyclist, you are entitled to Ontario’s Statutory Accident Benefits Schedule (SABS), regardless of who was at fault. These benefits are crucial in helping injured cyclists recover physically, emotionally, and financially.
Who Provides the Benefits? The first step is determining which insurer is responsible. If the cyclist has their own auto insurance, that insurer typically provides the benefits. If not, the claim may go through the motorist’s insurer. If neither party has insurance, the cyclist may still be eligible for benefits through the Motor Vehicle Accident Claims Fund (MVACF).
Basic Accident Benefits Include:
- Medical and Rehabilitation Benefits: Covers treatments such as physiotherapy, chiropractic care, occupational therapy, and psychological counselling.
- Attendant Care Benefits: If you need help with personal care (like bathing, dressing, or feeding), you may be entitled to funds to hire an aide.
- Income Replacement Benefits (IRBs): If you are unable to work because of your injuries, you may receive a portion of your pre-accident income, up to a maximum set by the SABS.
- Non-Earner Benefits: For those not employed at the time of the accident, this benefit may be available if your injuries prevent you from leading a normal life.
- Housekeeping and Home Maintenance: Available in more serious cases, this benefit helps cover the cost of tasks you can no longer manage due to your injuries.
Catastrophic Injury Benefits For the most serious injuries—such as spinal cord trauma, severe brain injury, or amputation—an individual may be deemed “catastrophically impaired” under the SABS. This designation opens the door to significantly higher benefit limits:
- Medical and Rehabilitation: Up to $1,000,000 over a lifetime (compared to $65,000 for non-catastrophic injuries).
- Attendant Care: Also up to $1,000,000, and this can be combined with medical benefits.
The catastrophic designation is a legal and medical determination that typically involves assessments by specialists and, often, legal advocacy. It makes a dramatic difference in the resources available for long-term recovery and care.
How Damages Are Assessed
Damages in a bicycle injury claim are evaluated based on a number of factors, including the severity of the injuries, the impact on your daily life, and your financial losses.
Non-pecuniary damages (also called pain and suffering or general damages) are capped and subject to a deductible unless your injuries are permanent and serious.
Economic damages (also called pecuniary damages) include loss of income, both past and future, as well as the cost of ongoing care, therapy, and medication.
You may also be entitled to damages for loss of housekeeping capacity, out-of-pocket expenses, and loss of enjoyment of life.
Close family members can pursue Family Law Act damages for loss of care, guidance, and companionship.
An experienced lawyer will help quantify these losses and advocate for full compensation.
What Cyclists Need to Know About the SABS Overhaul in July 2026
Ontario is rolling out major changes to its no-fault accident benefits system effective July 2026. These reforms to the SABS could significantly impact cyclists—especially those who don’t own a car or hold their own auto insurance policy.
Standard Benefits Becoming Optional
Many of the benefits that are currently available to all accident victims—including cyclists—will become optional coverage. This means:
- Cyclists who don’t have their own auto policy won’t automatically receive income replacement, medical/rehab, or attendant care benefits unless the at-fault driver has purchased optional coverage.
- Even if the driver had those add-ons, the policy may not cover all available benefits unless the right bundle was in place when the accident occurred.
Disproportionate Impact on Cyclists
Cyclists are disproportionately affected because:
- They often rely on third-party coverage (the at-fault driver’s policy) rather than their own.
- Innumerable bicycles aren’t linked to a policyholder, so cyclists can’t rely on optional extensions of accident benefits.
Shrinking Financial Support
Without optional coverage:
- Income replacement may be limited or unavailable, jeopardizing financial stability.
- Medical and rehabilitation support may be capped, meaning delayed or reduced physical recovery.
- Attendant care—critical for serious injuries—may be completely out of reach.
Legal and Strategic Pitfalls
Cyclists must navigate a more complex system:
- Insurers may deny or delay benefits, citing lack of optional coverage.
- Legal disputes over what coverage existed at the time of the crash will become routine.
- Understanding the fine print on the driver’s policy becomes crucial for accessing benefits.
What You Can Do
- Obtain legal advice early. A personal injury lawyer can help identify the right coverage, challenge denials, and preserve your access to benefits.
- Demand full disclosure. Your lawyer should request all insurance policies involved as part of the benefits application and claim process.
- Explore tort claims aggressively. If benefits are unavailable, pursuing compensation through a tort claim may be your best avenue.
Plan ahead. If you ride regularly, consider adding your own auto insurance—even coverage above what you need for a bike could protect you in future incidents.
Why This Matters
The July 2026 changes fundamentally shift Ontario’s support system for injured cyclists. Without added coverage, cyclists who suffer injuries may suddenly find themselves with few or no benefits—despite qualifying under pre-2026 rules.
Early legal intervention that promptly identifies available insurance coverage and preserves your legal rights could make all the difference in your physical and financial recovery.
What Happens If Two Cyclists Collide?
When two cyclists collide, the same principles of negligence apply as in any accident. Each party’s conduct is examined to determine fault. If one cyclist was riding carelessly—perhaps running a stop sign or weaving unpredictably—they may be found liable.
In these cases, compensation may come from the liable party’s homeowner or tenant insurance policy, which often includes personal liability coverage. If neither party has such coverage, the injured person may be left to pursue compensation through their own extended health benefits or private insurance, if available. These claims are more complex and benefit from legal advice. If you were hit by another cyclist, an Ontario personal injury lawyer can help you get the compensation you deserve.
Special Considerations for E-Bikes
Ontario law treats e-bikes (also known as power-assisted bicycles) differently than conventional bicycles—and those differences can dramatically affect what happens after an accident.
What is an E-Bike under Ontario Law?
To qualify as a legal e-bike in Ontario, the vehicle must:
- Be equipped with operable pedals
- Have an electric motor not exceeding 500 watts
- Not exceed a maximum assisted speed of 32 km/h on level ground
- Weigh no more than 120 kg (including the bike and battery)
Additionally, riders must be at least 16 years old and wear an approved bicycle or motorcycle helmet.
Why Classification Matters
If your e-bike meets these requirements, it is treated similarly to a bicycle. That means:
- You do not need a license, registration, or insurance
- You may be eligible for accident benefits if struck by a motor vehicle
- You retain access to tort claims against at-fault drivers
What Happens if Your E-Bike is Not Compliant?
If your vehicle fails to meet even one of the e-bike criteria (for example, if it goes faster than 32 km/h or lacks pedals), it may be classified as a motor vehicle under Ontario law. This can have serious consequences:
- You could be charged for driving without insurance, a license, or registration
- You may not be eligible for accident benefits
- You may lose the right to sue an at-fault driver for damages
- Any injuries may not be covered by any insurance—leaving you personally exposed to medical and income losses
Tips for Riders and Families
- Always ensure the e-bike is compliant before riding
- Avoid aftermarket modifications that increase power or speed
- Keep receipts and user manuals to prove compliance if needed
Injured while riding an e-bike? Legal advice is especially important to determine your eligibility for benefits and compensation, and to ensure your rights are protected under the law.
Choosing the Right Personal Injury Lawyer After a Bicycle Accident
Choosing the right bicycle accident lawyer can make a significant difference in the outcome of your case. Look for a lawyer who has specific experience handling bicycle accident claims and understands the unique laws that apply to cyclists in Ontario.
A strong personal injury lawyer will have a track record of successful settlements and trials involving both accident benefits and tort claims. They should be prepared to litigate when needed and have familiarity with how SABS and upcoming reforms affect cyclists.
Clear, frequent communication is also essential. Your lawyer should explain each stage of the process and ensure you understand your rights.
Finally, most personal injury lawyers work on a contingency basis, meaning you don’t pay unless you win. Always confirm this before signing a retainer.
Steps in a Bicycle Injury Claim
The legal process following a cycling accident typically unfolds in several key stages:
- Seek Medical Attention: Your health and safety come first. Document all injuries and follow medical advice, as medical records will play a crucial role in your claim.
- Report the Incident: File a police report and make sure the incident is officially recorded. Get a copy if possible. Many cyclists skip this step and motorists almost always want to skip police involvement.
- Notify Insurance Providers: You must notify the appropriate insurer within 7 days of the accident to claim accident benefits. This could be your own auto insurer, the driver’s insurer, or the Motor Vehicle Accident Claims Fund. (If you are late, you can usually get an extension. Your lawyer can help you report late if you need to.)
- Submit Accident Benefit Forms: Complete and file the required forms, including the OCF-1 and supporting medical documents. Timeliness and accuracy are key. If you hire the personal injury lawyers at Auger Hollingsworth, we’ll do this for you.
- Hire a Lawyer: Retain a personal injury lawyer with experience in cycling cases. We will protect your rights and ensure deadlines are met.
- Gather Evidence: Your legal team will collect police reports, witness statements, photos, surveillance footage, and expert assessments to support your case.
- Initiate a Tort Claim if Applicable: If your injuries meet the legal threshold, your lawyer may initiate a lawsuit against the at-fault driver for pain and suffering and other losses. Let an experienced personal injury lawyer explain what the legal threshold is. We can help you build your case so it is not an issue.
- Resolution: Many cases settle through negotiation or mediation. If a fair settlement cannot be reached, the case may proceed to court.
- Trial: Pick a lawyer and a law firm that will go to court if needed to protect your rights and argue your case.
Need Help? Contact a Bicycle Accident Lawyer Today
Navigating the aftermath of a bicycle collision can be overwhelming. At Auger Hollingsworth, we offer a free, no-obligation consultation to help you understand your rights and the next steps. Our experienced team is here to guide you through the process and ensure you receive the compensation you deserve.
Don’t wait; contact us today to ensure your rights are protected and to start your journey to recovery.
