After a bicycle accident, New Brunswick law and the driver’s insurance policy decide what you can recover. A cyclist hit by a car has two claims: Section B no-fault benefits from the driver’s insurer, and a tort claim against the driver for everything Section B does not cover. This page explains both, the causes and injuries the firm sees most, the two-year limitation, and what the claim is worth.
The claim runs under the Motor Vehicle Act for a cyclist commuting in Moncton, riding to work in Fredericton or riding for leisure in Saint John, and the rights are the same in each. The Mike Murphy Law Group takes these cases on a contingency basis, with no fee unless the claim succeeds.
A Bicycle Accident Lawyer in New Brunswick Answers the Contributory Negligence Argument
The adjuster’s first move is to suggest you were partly at fault, because every share of fault assigned to you comes off the award. The answer is evidence: the scene, the witness statements, the police report, and where the facts are disputed an accident reconstructionist.
A driver’s duty of care includes keeping a proper lookout for every road user, cyclists included. “I didn’t see the bike” is not a defence in law. The driver was in a vehicle with a steel body and airbags. The cyclist had a helmet. The court weighs the duty accordingly.
Surveillance footage from nearby businesses is overwritten within days and witness memories fade. A lawyer retained early sends preservation letters and takes statements while they are fresh. The firm’s litigation team, led by Michael B. Murphy, KC, handles that early evidence work directly.
The lawyer also takes over all contact with the insurer. You do not give a recorded statement, and you do not sign anything, without advice.
The claim itself is a record of loss: the medical evidence, the reconstruction where one is needed, and a calculation of the long-term effect on work and home. Each piece has to be gathered and each has a deadline. The firm builds that record while you attend to treatment.
Section B Benefits Pay a Cyclist’s Treatment and Part of Lost Income Regardless of Fault
Every standard New Brunswick automobile policy includes Section B benefits. A cyclist struck by a motor vehicle can claim them from that vehicle’s insurer. They are no-fault, so they do not depend on who caused the crash.
Section B pays for medical and rehabilitation costs that Medicare does not: physiotherapy, massage therapy and equipment. It also replaces part of lost income if you cannot work, subject to caps and time limits set by the policy.
Section B benefits continue only while the paperwork stays up to date. Your treating practitioners must document the ongoing need, and the firm sees that they do.
Insurers often cut Section B off before recovery is complete, on the ground that treatment has plateaued or is no longer “necessary”. That decision can be challenged with an independent medical assessment showing that recovery is still under way.
Section B and the tort claim run at the same time. Section B pays the bills now. The tort claim recovers what Section B does not: general damages, the full income loss, future care and the rest of the heads listed below. Anything Section B has already paid is accounted for in the tort settlement.
Driver Error Causes Most of a Bicycle Accident in New Brunswick, and Road Maintenance and Weather Add the Rest
The classic hazard, where a driver swings the side of a parked vehicle open into a cyclist’s path, is common wherever there is street parking, as in Saint John and Fredericton. Left turns across a cyclist’s path and pull-outs from side streets without looking are the other main causes.
- Distracted driving, such as texting or using a GPS
- Speeding in residential areas or near bike lanes
- Impaired driving
- Lane changes without checking blind spots
- Aggressive driving directed at cyclists
Potholes, loose gravel and hidden signage can make the municipality or the province a defendant. Notice periods for suing a government body are far shorter than the general limitation, so those defendants have to be identified at once.
Weather changes fast in New Brunswick. A driver must slow down for rain, ice and poor visibility, and the weather report for the day of the crash is evidence of the conditions they failed to adjust to.
Whatever the cause, the claim is against the driver’s insurer under the driver’s policy. Where a municipality or the province shares the blame, both are named, and the insurer of each answers for its share.
Bicycle Collisions Cause Brain, Spinal, Orthopedic, Skin and Psychological Injuries
Traumatic brain injury occurs even with a helmet, because the force of a car or the pavement can cause neurological damage through it. Some brain injuries need lifelong care, and the claim has to price that care over a life expectancy.
Spinal cord injury can mean partial or full paralysis. The claim then has to price home modifications, an adapted vehicle and, where needed, 24-hour nursing care.
Fractures and shattered joints are the most common injuries, because a cyclist’s limbs take the first impact. A “simple” break can lead to chronic pain or arthritis years later, and the settlement has to account for that.
Road rash and deep abrasions can become infected, need skin grafts and leave permanent scars. The scarring is compensable along with the pain.
PTSD, anxiety around traffic and depression from physical limits are claimed as part of general damages, supported by a psychological assessment. The law treats the psychological injury as it treats the physical one, provided the medical evidence is there.
The Claim Runs From Consultation Through Discovery to Settlement or Judgment
A free consultation opens the file, to assess whether the claim is viable.
Once retained, the firm issues a Notice of Action to the parties, which starts the lawsuit. Discovery follows, and both sides exchange documents and give evidence under oath, pinning down the facts of the crash.
Most New Brunswick injury claims settle before trial. The firm negotiates from a valuation of the claim built on the medical and economic evidence, and if the insurer will not make a fair offer the case is tried before a judge. Insurers know which firms will try a case, and the firm’s record in the Court of King’s Bench is part of every negotiation.
You are kept informed at each stage and asked for updates on treatment and expenses. At settlement, the firm reviews the release before you sign and sees that the funds are distributed correctly.
Damages Are General Damages Plus Every Countable Loss
General damages cover pain and suffering, loss of enjoyment of life and loss of companionship. They are set by reference to prior decisions on similar injuries, so the medical evidence has to describe the injury in enough detail for that comparison to be made.
Special damages are the countable losses: lost wages, medical bills, and the cost of repairing or replacing the bike and gear. Keep every receipt and pay stub.
- Future loss of earning capacity if you cannot return to your previous work
- Cost of future care, including medication and therapy
- Travel to medical appointments
- Damage to helmets, clothing and cycling computers
Aggravated or punitive damages are rare. They need reckless or malicious conduct by the driver, such as a deliberate act of road rage, and serve to punish that conduct separately from the compensation for your losses.
New Brunswick caps general damages for minor injuries. Some soft-tissue injuries are classified within that cap. Many bicycle injuries are serious enough to exceed it, and how the injury is classified decides which rule applies.
The Limitation of Actions Act Gives Two Years, and Government Defendants Get Less
The Limitation of Actions Act gives two years to sue, counted from the day the injury was known or ought to have been known. Miss it and the claim is usually lost. A minor’s clock may not start until age 19, but do not rely on an exception without advice.
You do not need to finish treatment before suing. Claims are often started early while the evidence is fresh, and the medical evidence is updated as treatment continues.
A claim against a government body for road maintenance can carry a notice period as short as 90 days. Identifying every possible defendant at the start matters for that reason, which is why seeing a lawyer as soon as your condition is stable enough makes a difference.
Gathering records, filing and serving defendants take time. Starting early gives the claim that time.
The Firm Litigates, Works on Contingency, and Has Five Offices in the Region
The Mike Murphy Law Group is a litigation firm with offices across Atlantic Canada, including New Brunswick. Its reported decisions are listed on the best injury results page.
Michael B. Murphy, KC, a former Attorney General and Minister of Justice of New Brunswick, leads it. Insurers know the firm’s record, and that shapes negotiation.
The firm works on a “no win, no fee” basis. No upfront cost, no hourly rate, and a fee only if money is recovered.
Offices in Moncton and Saint John are two of five across the region. The firm handles New Brunswick bicycle accidents, car accidents and New Brunswick pedestrian accidents, all under the Motor Vehicle Act, and a cyclist gets the same representation as any motorist.
FAQ
Do I Still Have a Claim If I Wasn’t Wearing a Helmet During the Accident?
Yes. Helmets are mandatory for all cyclists in New Brunswick, but riding without one does not bar a claim. The insurer will argue contributory negligence, that a helmet would have reduced the injury. The aim is to limit any reduction that argument produces.
What Should I Do Immediately After Being Hit by a Car While Cycling?
Get medical attention even if you feel fine, because adrenaline masks injury. Photograph the scene, the bike and the car before anything is moved. Get the driver’s name, contact and insurance details and the contact details of any witnesses. Report the crash to the police. Then call a lawyer so the evidence is preserved before it is overwritten or forgotten.
How Long Does a Bicycle Accident Lawsuit Typically Take in New Brunswick?
Some cases settle within a year. Cases involving permanent disability can take several years, because the long-term medical needs have to be documented before the claim can be valued. Do not settle before that picture is known, because a release ends the claim and nothing found later can be added.
Can I Claim Compensation If the Accident Was a Hit-and-Run?
Yes. If the driver cannot be identified, the Facility Association or your own policy’s unidentified motorist coverage can pay. These claims have their own proof requirements, and the firm handles them.
Will I Have to Go to Court for My Bicycle Accident Claim?
Most claims settle by negotiation or mediation. The firm prepares every case for trial, which is what tends to produce a settlement. If the insurer refuses a fair offer, the case is tried.