Introduction

On a busy summer afternoon in July, Joshua Lamers, an avid cyclist and lawyer, set off from his downtown Toronto office. As he pedaled down Queen Street, he encountered an unexpected and life-altering moment when a vehicle made a sudden left turn, colliding violently with him. The aftermath left Lamers with significant injuries, including a concussion and a dislocated shoulder, forcing him to navigate the complexities of the legal system as he sought justice for his ordeal.

Seeking Help after the Accident

After receiving medical attention, Lamers felt frustrated when police, lacking evidence, suggested he might bear some responsibility for the accident. Fortunately, a friend steered him toward Dave Shellnutt, known as “The Biking Lawyer.”

The Growth of The Biking Lawyer

Five years prior, Shellnutt had opened a personal injury law firm in Toronto specifically targeting the rising number of cycling incidents in the city. Today, a staggering 70 percent of The Biking Lawyer LLP’s cases are related to cycling accidents, with many involving collisions at intersections, where cyclists are often most vulnerable.

Trends in Cycling Injuries

In a startling trend, Canada has witnessed a dramatic spike in serious cycling injuries, with a 25 percent increase in hospitalizations reported from April 2020 to March 2021. This increase propelled Shellnutt’s firm to expand its operations — now boasting three lawyers and eight support staff, with offices in both Toronto and Hamilton.

Legislation on Bike Lanes

The legal landscape for cycling in Ontario took a controversial turn in 2024. With bike lanes emerging as a contentious issue, the provincial government led by Premier Doug Ford passed a law restricting municipalities from implementing bike lanes without provincial consent. The legislation also mandated the removal of several popular bike lanes, sparking outrage among cycling advocates. Shellnutt, an active member of Cycle Toronto’s board of directors, has publicly condemned this move, labeling it as an overreach of government authority.

Biases Against Cyclists

He believes that the politicization of cycling underscores the necessity for his legal services. “Specializing in this field is critical due to prevalent biases against cyclists that affect not only societal perceptions but also extend into interactions with police, insurance companies, and municipal decisions,” Shellnutt explained.

Challenges for Cyclists

A notable challenge faced by cyclists is the police’s hesitance to provide crucial insurance information after dooring incidents (where a parked car's door opens into a cyclist). Despite prior claims that these incidents aren’t classified as motor vehicle collisions and thus not subject to information sharing under the Highway Traffic Act, Shellnutt successfully advocated for cyclists' rights, illustrating why this information is vital for insurance claims.

Lamers’ Case: A Turning Point

In Lamers’ situation, his helmet usage came under scrutiny after the accident. The opposing party’s narrative attempted to shift blame by suggesting that not wearing a helmet contributed to his injuries. Shellnutt skillfully countered this point, highlighting that the severity of Lamers’ injuries would not have changed with or without a helmet, ultimately achieving a favorable, confidential settlement for his client.

Shellnutt's Journey

Shellnutt's journey to specializing in cycling law was not a straight path. He began his career in a general personal injury practice and frequently encountered life-threatening situations while cycling to work. One fateful morning, while paused at a chaotic intersection filled with construction and fast-moving cars, he recognized the high risks that cyclists faced and saw a burgeoning need for dedicated legal support in this area.

Advocacy and the Future

“Witnessing so many cyclists navigating such hazardous conditions made it clear to me: there’s a significant opportunity to advocate for these individuals,” he said, reflecting on that pivotal moment. As cycling continues to grow in popularity, so too does the need for legal experts who understand the unique challenges faced by cyclists on the road.

With the increase in cycling advocacy, law enforcement reforms, and insurance issues, the demand for specialized services like those offered by The Biking Lawyer is anticipated to grow, marking an important shift in the legal landscape for cyclists in Toronto and beyond.