Bicycle Accidents Lawyer in Calgary

Yes. In Alberta, you may still be able to pursue compensation even if you were partly responsible for a bicycle accident. Alberta follows the principle of contributory negligence, which means fault can be shared between two or more parties. If you are found partially at fault, you are not automatically prevented from making a claim, but the amount of compensation you receive may be reduced based on your percentage of responsibility.

For example, if a court determines that you were 20% at fault for the accident and the driver was 80% at fault, your compensation may be reduced by 20%. Factors such as failing to obey traffic signals, riding outside a designated bike lane when required, or other actions contributing to the collision may be considered alongside the driver’s conduct.

Yes. If unsafe road conditions contributed to your bicycle accident, you may be able to pursue compensation if another party was responsible for creating, failing to repair, or failing to warn about the hazard.  Hazardous road conditions that can contribute to bicycle accidents include potholes, uneven pavement, loose gravel, debris, poorly maintained bike lanes, inadequate drainage, missing or obscured traffic signs, and construction zones that are not properly marked. 

Depending on how the accident occurred, responsibility may rest with a municipality, a road maintenance contractor, a construction company, or another party responsible for maintaining the roadway. 

Not wearing a helmet does not automatically prevent you from pursuing compensation after a bicycle accident. If another person’s negligence caused the collision, you may still have the right to make a personal injury claim. However, whether you were wearing a helmet may be considered when assessing certain injuries, particularly head or brain injuries.

Under Alberta law, cyclists under the age of 18 are legally required to wear an approved bicycle helmet, while helmet use is strongly recommended for adults. If you were not wearing a helmet and suffered a head injury, the insurance company or court may argue that your injuries could have been less severe had you worn one. This may affect the amount of compensation awarded for those specific injuries, but it does not automatically eliminate your right to seek damages.

If you hit a pedestrian while riding your bicycle, you may be legally responsible if your actions contributed to the accident. However, liability is determined based on the specific circumstances of the incident, including whether you or the pedestrian failed to follow traffic laws, the actions of both parties leading up to the collision, and the available evidence.

For example, factors such as excessive speed, failing to yield at a crosswalk, riding against traffic, distracted cycling, or ignoring traffic signals may be considered when determining fault. Under the Alberta Traffic Safety Act and City of Calgary bylaws, failing to yield to a pedestrian in a crosswalk can result in a fine of $810, while cycling more than 20 km/h on shared pathways may carry fines of up to $400. These penalties are separate from any civil claim that may arise if a pedestrian is injured

If the pedestrian suffers injuries, they may have the right to seek compensation for medical expenses, lost income, pain and suffering, and other damages.