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ARTICLE · 22 JULY 2024

Know Your Rights – Can A Cyclist Sue Another Cyclist In A Crash?

McLeish Orlando LLP
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Recently it has been reported that two cyclists crashed, leaving one critically injured. Due to an increase in cycling in Toronto, these events are happening far too often.

CanadaTransport
Patrick Brown
Patrick Brown
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Recently it has been reported that two cyclists crashed, leaving one critically injured. Due to an increase in cycling in Toronto, these events are happening far too often. From a legal perspective, many are asking what happens in these types of cases? Can a cyclist sue another cyclist? If they do, what could they sue for? Are there benefits available? Does home insurance cover lawsuits against cyclists?

These are all good questions and have easy answers.

Can a cyclist sue another cyclist?

Yes. But to have a successful civil lawsuit the injured cyclist must prove that the other cyclist was negligent (legal word for someone who does something a reasonable and prudent cyclist would not do). The at-fault cyclist can try to reduce their fault by arguing the other cyclist did something wrong too (that's called contributory negligence).

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