Tag Archives: injured cyclist

Cyclists avoiding Parked Cars get some Help when Hurt

A recent decision in Ontario will help injured cyclists obtain insurance benefits when they crash due to parked cars.

Marilena DiMarco was riding her bicycle in a town that had closed its main street for a festival. She was forced onto a sidewalk, which was partially blocked by a parked van. DiMarco tried to avoid the van, lost her balance and fell, hitting the van with her hand in the process. She was seeking auto insurance benefits to help her in her recovery.  The auto insurer was denying entitlement because the crash was not connected to an automobile

In the decision DiMarco and Chubb Insurance Company, arbitrator Deborah Pressman accepted that the incident arose directly from the “use or operation” of an automobile as defined in the Insurance Act and Statutory Accident Benefits Schedule (SABS). This allowed Ms. Di Marco to claim benefits for her injuries.
Arbitrator Pressman stated “This automobile set in motion a chain of events directly resulting in Ms. DiMarco’s fall from the bicycle. There was no intervening act that caused Ms. DiMarco to fall. There were no other impediments around the automobile or near Ms. DiMarco.”
“Therefore, there was a direct and proximate cause between the ‘use or operation’ of the automobile and Ms. DiMarco’s injuries.”

Lets Not Forget

This Halloween will be the fifth anniversary of the death of Ryan Carriere. Ryan was killed when struck down by a truck making an improper right turn at Queen and Gladstone. Ryan was a loving husband and a devoted father to his children. He was an artist, a cyclist and an integral part of his community. Ryan was a remarkable individual and his death was preventable. He was an innocent victim. He was simply riding his bike home from work.

A new City Government will be in place within weeks. They will be empowered to decide how infrastructure money will be spent. It is hoped that each councillor will take the time to review what happened to Ryan and the many other cyclists that have been either killed or injured on Toronto streets. The human factor should never be forgotten when policy decisions are made. Injuries and deaths on the streets are preventable.

In 1975 City Council adopted a statement that “it is the policy of council to implement programs that will promote and facilitate greater and safer use of the bicycle.”

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