Pedestrians, Cyclists, and the Role of an Impact in Motor Vehicle Insurance Coverage

With the near-tropical winter, most Ontarians experienced this year, the number of cyclists on our roads in January and February was higher than ever. This naturally led to a rise in the number of accidents involving bicycles and motor vehicles. Despite the apparent coverage available to an injured pedestrian or cyclist who has been struck by a motor vehicle, the question emerges as to what recourse is available for a pedestrian or cyclist who is injured when there is no actual impact or physical contact with the motor vehicle alleged to have contributed to the incident. A typical example of such a situation is a cyclist who crashes and sustains injuries while swerving to avoid being struck by a motor vehicle.

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