Cyclist Injured in Ontario? Why “You Might Be at Fault” Doesn’t Mean You Have No Case

Cyclists are often left shaken and uncertain after a collision—especially when a driver, witness, or even a police officer suggests the cyclist “shares blame.” Many people hear that and assume the case is over.

In reality, it often isn’t.

Since 2005, Auger Hollingsworth Accident & Injury Lawyers has represented injured cyclists across Ontario in claims involving right-turn collisions, crosswalk impacts, and hazardous public pathways. As Brenda Hollingsworth explained on Ask the Expert, cyclists can still recover compensation even when they were riding in a way that was “not ideal,” such as using a sidewalk or riding against traffic.

What matters most is how the collision happened, what the driver did (or didn’t do), and what evidence exists.

This article breaks down two common scenarios from the segment and the practical steps cyclists should take to protect their health and their legal rights.

Scenario 1: You Enter a Crosswalk and a Driver Turns Right Into You

Scenario: You’re riding on a sidewalk because the road feels unsafe. You come off the sidewalk into a crosswalk to cross the street. A driver turns right into you. Police suggest you’re both at fault because you were on the sidewalk and riding against traffic. You suffer broken bones and a concussion.

Do you still have a case?

In many cases, yes.

Brenda’s explanation is based on a key legal principle: when a motor vehicle strikes a pedestrian or cyclist, the burden shifts to the driver to show they were not at fault. In other words, motorists must be able to prove they did everything they reasonably should have done to avoid the collision.

And in a right-turn-into-crosswalk situation, that is difficult for a driver to prove.

Why?

Because drivers must turn only when it is safe. Even if the cyclist should not have been riding in the crosswalk, the driver still has an obligation to ensure the crosswalk is clear before turning. The obvious question becomes:

If you didn’t see the cyclist, could you have also missed a pedestrian in the crosswalk?

That is why Brenda emphasized this message:

Do not assume you have no claim just because someone says you “might be at fault.”
This is exactly the type of situation where a legal consultation is worth having.

What happens if you share some fault?

Even if a cyclist’s actions contribute to the collision (for example, riding the wrong way), that does not automatically eliminate compensation. It may mean fault is shared and compensation can be reduced by a percentage. But the claim can still be valid—and still important—especially with serious injuries like fractures or concussion.

The Common Mistake After a Bike vs. Car Collision: Not Getting Driver Information

Brenda highlighted a problem she sees repeatedly:

A cyclist is hit or nearly hit, feels shaken, sees no visible damage to the car, and both parties leave. Later, injuries worsen—sometimes dramatically—and the cyclist has no way to identify the driver.

This is avoidable.

What to do at the scene

If you’re physically able, you should always get:

• Driver’s name and contact details
• Licence plate number
• Insurance information (if available)
• A photo of the vehicle and plate
• Witness names and numbers

Even if you think you’re “fine,” injuries can emerge after the adrenaline fades. Brenda noted that some people also develop serious psychological symptoms that won’t be obvious at the scene.

The takeaway is simple:

Normalize exchanging information in bike vs. car collisions. Protect yourself.

Do You Need to Call Police?

If there is an injury, you are generally expected to involve police. Brenda noted that cyclists sometimes face pushback—questions like “What’s the damage to the vehicle?”

But the correct focus is the injury, not the car.

If needed, insist. You are entitled to have police attend when someone is injured. A report can also create important evidence that the collision happened and where it occurred.

Brenda also noted another practical option: collision reporting services, which can help document the incident. When there is proof a collision occurred, cases often proceed more effectively.

Scenario 2: You Crash on a Public Bike Path Due to a Pothole or Defect

Scenario: You’re cycling on a public path. You hit a pothole or defect, go over the handlebars, and break your collarbone. Does the government responsible for the path have legal responsibility? Do you have any benefits? Does helmet use matter?

Does the government have responsibility?

Yes—to a point.

Brenda explained that governments responsible for bike paths (municipalities, or in Ottawa sometimes the NCC) must maintain them for their intended use. That does not mean every small crack leads to liability. But significant hazards can.

Examples include:

• Potholes large enough to cause a crash
• Tree roots protruding through the path
• Dangerous defects that are not repaired or marked

If the path is intended for cycling and is maintained as such, governments must take reasonable steps to keep it safe.

“We can’t fix it” isn’t a free pass

Even when budgets are limited, there are simple steps that reduce risk and liability, such as:

• Marking hazards with visible paint
• Posting warnings
• Placing signage where defects exist

Those steps also protect cyclists by giving them a fair opportunity to avoid the hazard.

Evidence Is Everything: Photograph the Defect Immediately

Brenda gave one of the most practical pieces of advice in the segment:

Take a picture of what caused your fall. Immediately.

Why this matters:

• The defect may be repaired quickly after your crash
• You may not be able to locate it again
• Without proof of what caused the fall, a claim becomes much harder

Many cases fail not because the hazard wasn’t real, but because the injured person can’t later prove what caused the crash.

The Cyclist’s Responsibility: Watch Where You’re Going

Governments have responsibilities, but cyclists do too.

Brenda explained that a cyclist may face contributory negligence if:

• The defect was obvious
• The cyclist was distracted (for example, with earbuds in)
• The cyclist failed to keep a proper lookout

In those cases, compensation may still be available, but reduced by a percentage.

Does Wearing a Helmet Affect the Claim?

It depends on the injury.

Brenda noted that helmet discussions can become a distraction. If your injury is unrelated to head protection—such as a broken collarbone—helmet use is largely irrelevant to the liability analysis.

That said, wearing a helmet is still strongly recommended for safety.

Are Accident Benefits Available After a Bike Path Crash?

This is the “trick question” Brenda raised.

Accident Benefits are available when a cyclist is injured by a motor vehicle.
But in a single-bicycle crash caused by a path defect, there are no Accident Benefits.

In that situation, short-term support may come from:

• Workplace or private disability benefits (if you have them)
• OHIP for covered medical care

This can create real financial pressure, which is one reason it’s important to understand legal options quickly.

The Bottom Line: Protect Yourself Early

Across both scenarios, Brenda’s message was consistent:

• Don’t assume you have no case because someone says you’re partly at fault
• Get driver information every time a vehicle is involved
• Call police when there are injuries and push back if needed
• Take photos of defects on bike paths immediately
• Seek legal advice early so evidence is preserved and options are clear

Talk to a Personal Injury Lawyer About a Cycling Injury

If you were injured while cycling—whether struck by a turning vehicle or hurt due to a dangerous public pathway—you deserve clear answers about your rights and next steps.

Not sure if you need a cycling accident lawyer? That’s okay. Start with a free consultation and a conversation.