- Date: July 30th, 1995
- Victim’s age: 18
- Victim’s Sex: Female
- Occupation:
- Place: Hamilton, Ontario
- Circumstances: hit an elevated surface
- Injuries sustained: cuts to the face and broken nose
- Settlement Amount: $77,164.90
A woman was riding her bike in the city of Hamilton when her tire hit an elevated surface causing her to go face-first into a metal grate resulting in serious injuries.
The Bike Accident
On July 30th, 1995, an 18-year-old woman and her two friends were riding their bikes in the City of Hamilton. They were returning to her house in the evening and had to descend a hill that led to a bridge. As she was going down the hill, she picked up speed. She applied the brakes but something made her lose control. Her bike started to wobble but as she tried to gain control her bike hit something, and she went face-first into a steel grill.
Victim injuries from the bike accident
She suffered many cuts to her face and broke her nose. Her nose and scars required multiple surgeries to repair. She also bit through her tongue which required stitches. As a result of her broken nose, she has a permanent breathing problem and her right nostril is prone to infection. She still experiences tingling and numbness in her tongue. Her two front teeth were also damaged in the fall and required dental work.
After the accident, her eyes had swollen shut. She, therefore, required the help of her mother to get around. The scaring on her face made her self-conscious and she suffered periods of depression.
Liability
She filed a complaint with the city and an insurance adjuster went out to inspect the area of the accident. He noticed elevation changes and cracks on the walkway where her accident took place. An engineer hired by the city also found that at night poor lighting caused shadows on the sidewalk that would force a cyclist to veer towards the more well-lit area which was also the cracked and elevated part of the pathway.
The City of Hamilton was found liable for her injuries as they failed to conduct frequent inspections. The city was found 50% liable for the young woman’s injuries. The judge found the woman 50% liable for her injuries as she chose to go down the hill at a fast speed which caused her to initially lose control.
Compensation for victim
The woman received financial compensation for general damages, out-of-pocket expenses, loss of income, cost of future psychological treatment, cost of cosmetics, and cost of veneering teeth. In total, she received $77,164.90 from the City of Hamilton.