Newfoundland Bicycle Accident Lawyers

When a cyclist on Water Street is struck by someone stepping out of a parked vehicle, or a truck turns across a bike lane, the claim in Newfoundland and Labrador is against the driver’s automobile insurer. The cyclist has none of the protection a driver’s own policy gives. A Newfoundland bicycle accident lawyer starts with the road evidence, because the insurer’s version of the crash arrives first.

The Limitations Act Gives a Cyclist Two Years, Paused for a Child

The Limitations Act, SNL 1995, c L-16.1 gives two years for a personal injury action (s. 5). The period starts on discovery of the claim (s. 14) and is postponed while the claimant is a minor (s. 15). A child on a bicycle therefore has a period that has not begun. The driver’s insurer will not wait to gather its evidence. The family should not wait either.

The $5,000 Deductible Comes Off Pain and Suffering and Nothing Else

A cyclist’s claim against a motorist is a motor vehicle claim under the Automobile Insurance Act, RSNL 1990, c A-22. There is no minor injury cap in this province. A $5,000 deductible comes off the pain and suffering award for a crash on or after 1 January 2020. A cyclist with a broken collarbone, a common injury from going over the handlebars, has a general damages figure large enough that the deductible is a modest reduction. The cost of the bicycle, wage loss and treatment are recovered in full.

The Supreme Court Hears Disputed Claims and the Fight Is Over the Cyclist’s Position

Disputed claims go to the Supreme Court of Newfoundland and Labrador, General Division. Small Claims Court hears claims up to $25,000, which may fit a property only claim for a damaged bicycle. The insurer’s usual position is that the cyclist was unlit, on the wrong side, or collided with an opening vehicle. We answer that with camera footage from businesses along the route, the helmet, the bike and the police report. The demand is served when the injuries have stabilised, and the file moves through discovery to a settlement meeting or trial.

Section B for a Cyclist Depends on Which Policy Carries It

Section B is optional in Newfoundland and Labrador. A cyclist who owns a car with Section B can claim its medical and income benefits on their own policy. A cyclist with no car looks to the striking vehicle’s policy. If that policy has no Section B, there is no no-fault layer. Section B benefits in Newfoundland covers the priority rules. A bike courier or a worker cycling between sites is under WorkplaceNL, which bars a suit against the employer but not against the driver. MCP recovers the cost of hospital and physician care from the driver’s insurer through the claim.

The St. John’s Office Runs Cycling Claims Under Michael Murphy, K.C.

Cycling claims are run from the St. John’s office, and Michael Murphy, K.C. leads them. Every claim type the firm handles is listed at injury law areas.

Does Riding Without a Helmet Cost Me the Claim?

No. It can be argued as contributory negligence for a head injury and lead to a percentage reduction on that injury. It has no bearing on a broken wrist or a crushed leg.

Who Pays for a Dooring?

The person who opened the door, through the policy on that vehicle. Opening a door into traffic without checking is negligence, and the driver’s insurer knows it. The contest is usually over the cyclist’s speed and position.

What About a Crash Caused by a Pothole or a Bad Road Surface?

That is a claim against the municipality or the province as the party responsible for the road, under negligence and the Occupiers’ Liability Act (NL) where it applies. Notice requirements and defences differ from a claim against a driver, and the timelines can be short, so raise it at the first meeting.

Can a Newfoundland Bicycle Accident Lawyer Claim for a Child Hit Near a School?

Yes. The child’s period is postponed under s. 15, the parent’s out of pocket losses are claimed alongside, and the driver’s duty to watch for children near a school is high.

See the firm’s reported decisions on the best injury results page.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The St. John’s office opens the file. Contact the firm, or read what the firm can do.