Hamilton Bicycle Accident Lawyers Who Fight for Your Right to Ride
Our lawyers stand with bicyclists and won’t back down from insurance companies
Hamilton is a cycling city. Bicyclists enjoy scenic rides along the Waterfront Trail and commutes through downtown and up the escarpment. More people than ever are choosing two wheels over four. But too often, drivers don’t share the road. And when a bike meets a car, the bicyclist always loses.
If you’ve been hit while biking, you already know the pain, fear, and frustration it causes. Your body takes the full force. Your bike is wrecked. On top of that, you may be facing surgery, time off work, and insurance adjusters who question your version of events. The Hamilton bicycle accident lawyers at Smitiuch Injury Law help injured bicyclists get the compensation and respect they deserve.
We’ve represented riders across the city, from students at McMaster to weekend cyclists along the Red Hill Trail. If you’ve been hit, we’re here to help you get back up. Contact us today to set up a free consultation.
“Michael Smitiuch and his team are very effective advocates for people who are at the worst moment in their life. They are knowledgeable, compassionate, and aren't afraid to fight for the little guy.” ⭐⭐⭐⭐⭐
FAQ About Working with a Hamilton Bicycle Accident Lawyer
- What makes bicycle accidents so serious?
- How do bicycle accidents happen in Hamilton?
- What should I do if I’ve been hit while biking?
- What rights do I have as a bicyclist in Ontario?
- What compensation can I get for a Hamilton bicycle accident?
- What if I don’t have car insurance?
- How do you prove fault in a bicycle accident?
- How much time do I have to file a claim?
- Will I have to go to court?
- How much does it cost to hire a Hamilton bicycle accident lawyer?
What makes bicycle accidents so serious?
When a bicyclist is hit by a vehicle, even at low speeds, the injuries can be catastrophic. There’s no steel frame, no airbag, no buffer. There’s just your body and the pavement. Smitiuch Injury Law regularly helps injured cyclists dealing with:
- Concussions and traumatic brain injuries (TBIs)
- Spinal cord injuries and nerve damage
- Broken wrists, collarbones, ribs, or legs
- Severe lacerations and permanent scarring
- Dental and facial injuries
- Psychological trauma, anxiety, and PTSD
These aren’t “minor” incidents. They can change how you live, work, and move. If someone else’s negligence caused the crash, you have the right to pursue full compensation. Let our Hamilton bicycle accident lawyers fight for the maximum amount.
How do bicycle accidents happen in Hamilton?
Even with growing investment in cycling infrastructure, Hamilton still has trouble spots where drivers and bicyclists collide. We’ve handled cases involving:
- Dooring accidents in downtown bike lanes.
- Right hook turns, where drivers turn across a bicyclist’s path at intersections.
- Side-swipes when drivers don’t leave enough room while passing.
- Rear-end collisions when cars follow too closely or misjudge a bicyclist’s speed.
- Poorly marked construction zones, potholes, or debris in the road.
- Crosswalk or multi-use path conflicts, especially near parks or transit hubs.
- Collisions at four-way stops, where drivers don’t yield or assume priority.
These aren’t freak accidents. They’re the result of poor attention, bad road design, or outright driver negligence. When drivers fail to uphold their duty of care on the road, bicyclists are left to deal with the aftermath. No matter how your bicycle accident occurs, Smitiuch Injury Law can get to the bottom of it.
What should I do if I’ve been hit while biking?
If you’ve been struck by a vehicle while riding your bike, here’s what to do as soon as possible:
- Call 911 and report the incident. Request an ambulance and police.
- Document the scene, if you’re able to safely do so. Take photos of your bike, injuries, the vehicle, road signs, and any skid marks.
- Get witness information, such as names and phone numbers.
- Seek medical attention, even if you feel okay. Head injuries and soft tissue damage can surface days later.
- Don’t fix or toss your bike. It may be evidence.
- Avoid giving a detailed statement to the driver’s insurance company.
- Contact a Hamilton bicycle accident lawyer to protect your rights and start your claim properly.
The legal team at Smitiuch Injury Law can help you through this difficult time, while you focus on your recovery. We know the law in Ontario and how bicycle accident claims work. We’ll advocate for you, so you don’t risk jeopardizing your claim.
What rights do I have as a bicyclist in Ontario?
Bicyclists in Ontario are legally considered vehicles. That means you have the same rights to the road as drivers, and they have the same duty to watch for and respect your space.
Your rights include:
- The right to occupy a lane when it’s unsafe to ride far right.
- The right to use bike lanes and multi-use paths.
- The right to be passed safely (at least 1 metre of clearance).
- The right to pursue injury compensation if you’re struck by a negligent driver.
Unfortunately, insurance companies often try to paint bicyclists as reckless, distracted, or responsible for their own injuries. We push back hard against that bias and ensure that your rights are respected every step of the way.
What compensation can I get for a Hamilton bicycle accident?
If you’ve been injured in a bike accident, your damages (compensation for financial losses) may include:
- Hospital stays, surgeries, and rehabilitation
- Physiotherapy, chiropractic, and psychological care
- Lost income and reduced earning ability
- Pain and suffering
- Long-term disability
- Home modifications or mobility aids
- Transportation to medical appointments
- Loss of enjoyment of activities, hobbies, or sports
- Wrongful death benefits if you lost a loved one in a bike crash.
Smitiuch Injury Law takes the time to understand the full impact your injury has had on your health, your work, your family, and your future. We don’t just calculate what’s already happened; we look ahead. That means accounting for future surgeries, long-term care needs, and how your injuries may affect your career, your independence, or your ability to enjoy life the way you used to. We leave no stone unturned in pursuit of justice for you.
What if I don’t have car insurance?
You can still make a claim, even if you don’t have car insurance and you were injured in a bike crash caused by a driver. Here are your options:
- If the at-fault driver is insured, you can access benefits through their policy.
- If you live with a family member who has insurance, their policy may apply.
- If the driver fled or was uninsured, you may be eligible through Ontario’s Motor Vehicle Accident Claims Fund.
Many bicyclists don’t realize they’re covered even without a vehicle. Our Hamilton bicycle accident lawyers can help you file all the right paperwork, explore all your options, and fight for the maximum benefits.
How do you prove fault in a bicycle accident?
Drivers often claim they didn’t see the bicyclist or that the rider came “out of nowhere.” That doesn’t absolve them of responsibility. To build your case, we use:
- Police reports and witness statements
- Traffic camera or surveillance footage
- Bicycle damage and helmet marks
- Medical records linking injuries to the impact
- Bike accident reconstruction experts when needed
When the other side tries to escape accountability, our Hamilton bicycle accident lawyers can build a strong case that shows what really happened and hold the right person accountable.
How much time do I have to file a claim?
You usually have up to two years from the date of your bike accident to file a lawsuit in Ontario. But here's where it gets tricky: if you're seeking accident benefits through your insurance or need to notify a city about a dangerous road condition, you might have only 10 to 30 days to act. That narrow window can close fast.
Waiting too long can mean losing your right to compensation, no matter how strong your case. So even if you’re still recovering or unsure what to do next, your best move is to speak with a bicycle accident lawyer in Hamilton as soon as possible. Smitiuch Injury Law can guide you through every deadline and help you file the right paperwork on time, so you can focus on healing while we handle the details.
Will I have to go to court?
Most bike accident cases in Hamilton settle long before they ever reach a courtroom. However, we still treat every case like it could go to trial. We dig into the facts, build strong arguments, and gather the evidence we need from day one. That level of preparation doesn’t just make us ready for court; it often leads to better settlement offers because insurance companies know we’re serious. If going to trial does become necessary, we’re ready to fight for you every step of the way.
How much does it cost to hire a Hamilton bicycle accident lawyer?
It costs nothing upfront to get us on your side. We work on a contingency fee basis, which means we don’t get paid unless you do. There are no hourly rates, no surprise bills, and no out-of-pocket legal costs while your case is active. We even cover the cost of experts, court filings, and other expenses as they come up. Before we begin, we’ll explain our fee agreement so you know exactly what to expect.
Let our Hamilton bike accident lawyers help you get back in motion
A bicycle crash doesn’t just hurt your body; it shakes your confidence, disrupts your routines, and leaves you wondering what to do next. That’s why Smitiuch Injury Law is committed to helping you on the path to recovery, one step at a time, at your own pace.
Whether you’re facing medical bills, missed work, or emotional trauma, we’re here to make sure you’re treated fairly and fully compensated. Contact us today for a free consultation with a Hamilton bicycle accident lawyer who has your back. We’ll listen to your story, explain your options, and guide you through the next steps, so you can get back on the road, with the support you deserve.
