MOTORCYCLE ACCIDENTS
By Zayouna Law Firm
Motorcycles are the thrill-seeker’s vehicle of choice. But with this thrill comes increased risk.
Speed, road conditions, limited visibility, physical instability, and the lack of protective enclosures as in cars all contribute to fatal motorcycle collisions. When a crash is not your or your loved one’s fault, you should not have to pay the lifelong consequences.
Were you or a loved one in a motorcycle accident?
Legal Representation Matters After A Motorcycle Accident
A motorcycle crash happens so fast, changing your life in an instant. And while there is no price for trauma, grief, lasting impairment, and lost income, a motorcycle accident lawyer can help pave the path to recovery from the immense burden.
Motorcycle Insurance Accident Benefits
Like all drivers, motorcycle riders are required to carry auto insurance, which includes accident benefits. A standard policy provides base coverage for medical and rehabilitation expenses and lost wages. Obtaining these benefits is not always guaranteed — and insurance providers rarely make it easy.
It’s widely known that insurance providers assign a high level of risk to motorcycle riders because of the design of the vehicle and perceived riding habits, like speeding. As a result, many motorcycle claims are disputed, delayed, or denied, even when valid. Even when granted, the amounts are rarely enough to cover all your losses, resulting in a prolonged uphill battle to ease your pain and suffering.
Tort Claims for Motorcycle Accidents
Our motorcycle accident lawyers will represent you in a tort claim — an avenue for seeking accountability and restitution. This legal recourse helps bring at-fault parties to justice, and fills in gaps in insurance accident benefits. A successful claim provides compensation for:
- Medical and rehabilitation expenses
- Attendant care
- Lost wages
- Lost future earning capacity
- Home accessibility modifications
- Housekeeping and home maintenance, and more.
Work with a Motorcycle Accident Lawyer
Proving the negligent party’s fault and claiming damages for motorcycle accidents is very fact-specific. A tort claim requires meticulous documentation to demonstrate the full impact of the accident and recover rightful damages.
Our motorcycle accident lawyers bring vast legal expertise in advocating for your claim and recovery. We work with a network of physicians, accident reconstruction experts, and financial professionals to account for the full extent of damages you suffered and stand to claim. We compile witness accounts, medical bills, and income statements to quantify your losses and help you rebuild your life.
Grounds for Motorcycle Accident Claims
Motorcycle accident claims provide victims and their loved ones a path to recovery and restoration of quality of life. In the face of catastrophic injuries or a fatal crash, seeking justice and compensation from a negligent party can bring closure and comfort for devastating losses.
Common Motorcycle Accident Scenarios
Motorcycle riders already start their journey faced with more risks on the road. These hazards are only heightened when riding alongside negligent and reckless drivers, resulting in a fatal crash:
- Negligent or reckless driving: Drunk, intoxicated, and distracted drivers
- Improper lane changes: Car or truck drivers who change lanes dangerously, knocking motorcycles off-course
- Collisions: Drivers who collide with the back of a motorcycle at a stoplight or intersection, cutting off a motorcyclist’s clear stretch of road
- Harmful roadways: Poorly maintained highways and city streets and dark conditions, for which contractors and municipal or provincial governments are responsible
- Poorly designed equipment: Defective manufacturing, mechanical problems, or failure of safety equipment, for which a manufacturer may be held liable.
Motorcycle Accident Injuries
A motorcycle crash can be fatal. Even when victims survive, injuries are catastrophic and often leading to lasting impairment, such as:
- Multiple fractures
- Spinal cord damage, causing paralysis
- Traumatic brain injury
- Permanent muscle damage
- Lasting nerve damage
- Severe foot injuries and loss of mobility
- Road rash or abrasions and persisting skin infections.
Frequently Asked Questions About Motorcycle Accident Claims
What should I do after a motorcycle accident?
An accident is shocking and painful, but if you are conscious and able, call 911 right away. You and the other driver(s) will need to remain on-scene to speak with the police and file a report. The police will note the damage, injuries sustained, and any witness information to establish the facts of the accident. You will also need to be checked out and treated for injuries, no matter how minor to avoid complications and catastrophic outcomes.
You also need to notify your insurance provider immediately to commence an auto insurance claim.
How long do I have to file a motorcycle accident claim?
In Ontario, you have 7 days to notify your insurance company of the crash, and 30 days to claim accident benefits. You then have 120 days to notify the at-fault driver of your intent to sue, and two years to commence a lawsuit. Speak to a personal injury lawyer as soon as possible to understand your legal options within this limited period.
How can I claim motorcycle accident benefits?
Under Ontario’s no-fault accident benefits, you can claim statutory benefits regardless of liability. Note that these accident benefits may only provide base coverage, not full compensation. A motorcycle accident tort claim allows you to seek the full extent of damages against an at-fault driver. This compensation may cover the critical, long-term physical, emotional, and financial impacts you have suffered.
How can I avoid motorcycle accidents?
Road safety is paramount at all times. The first step to motorcycle safety is progressing through the two learning levels over two years to obtain a fully graduated M license. To ride safely, make sure to stay alert, wear proper protective gear, obey traffic rules, make yourself visible, and avoid negligent and reckless riding behaviours.