Do cyclists have the reverse onus in Canada?
Yes. When a cyclist is struck by a motor vehicle, provincial highway traffic legislation (such as Ontario's HTA s.193) places the onus on the driver to prove the collision was not caused by their negligence. This gives injured cyclists a significant legal advantage, though contributory negligence can still reduce the award.
Can an injured cyclist claim auto accident benefits?
Yes. A cyclist injured in a collision with a motor vehicle is generally entitled to statutory accident benefits (e.g. Ontario SABS) through the at-fault vehicle's insurer or their own household auto policy, covering medical/rehab, income replacement, and attendant care regardless of fault — plus a tort claim for pain and suffering.
Does not wearing a helmet reduce my claim?
It can. If the absence of a helmet contributed to the severity of a head injury, a court may reduce your damages for contributory negligence — but only to the extent it worsened the injury, and often modestly. It does not bar the claim, and it is irrelevant to non-head injuries.
What if a car door caused my crash (dooring)?
'Dooring' — opening a vehicle door into the path of a cyclist — is an offence under most provincial traffic laws and strong evidence of negligence against the vehicle occupant. You can claim against the person who opened the door and, through auto insurance, access accident benefits for your injuries.