Motorcycle Accident Lawyer Toronto

If you get involved in a motorcycle accident in Toronto, you should seek legal counsel immediately. Our motorcycle personal injury lawyers have been litigating claims related to motorcycle accidents for many years. We also have a wealth of knowledge of personal injury law and have the resources to assess your case and is help you understand your legal options.

Consulting an experienced Toronto motorcycle accident lawyer can make a significant difference in your personal injury case. Keep in mind that personal injury lawyers can provide insights into what’s likely to happen in your specific case circumstances. Therefore, schedule a free consultation if you need personal injury lawyers.

Some of the main causes of motorcycle accidents associated with negligence include:

• Left-turn accidents, particularly when a vehicle driver turns left in front of an oncoming motorbike
• Distracted driving – car drivers who are talking on the phone, texting, or engaging in other distractions may not notice motorbike riders on the road.
• Motor vehicle drivers under the influence of alcohol or other drugs may have impaired judgments and poor judgment.
• Other drivers who don’t yield the right of way to motorcycle riders at merges, intersections, or other relevant traffic situations can cause collisions.

Other common causes of motorcycle accidents in Toronto include tailgating (the leading cause of rear-end collisions), unsafe lane changes, and road hazards such as potholes. Aggressive driving behaviours such as swerving in and out of traffic, negligent drivers who cut off other road users, and speeding put motorcyclists at a greater risk of motorcycle accidents.

Motorcycles are not enclosed vehicles like cars. It’s, therefore, unsurprising that these accidents are substantially more injurious than other motor vehicle accidents. Furthermore, motorcycles are smaller and lighter than vehicles, which makes it difficult for vehicle drivers to see from far away. Here are the common bike accident injuries.

Road Rash

This is the most common type of motorbike accident injury and can be minor or severe. It is a kind of skin abrasion that happens when a rider is hurled from the motorcycle and then skids into the pavement.

Beyond being a minor skin injury, serious cases of road rash can lead to severe complications such as nerve damage and infection. Wearing the right protective clothing and helmets can reduce the severity of abrasions in case of a motorcycle accident.

Fractured and Broken Bones

Motorcycles aren’t stable upright and often fall over in case of a collision. Crashes often happen fast, and the rider’s leg can get stuck under the motorbike when it falls. Arms and wrists can also suffer fractures when riders try to catch themselves to minimize the fall impact.

Serious accidents involving motorcycles can lead to broken bones. In some cases, crashed bones may necessitate orthopedic reconstruction. Sometimes, motorcycle accident victims can lose limbs or appendages or require amputations of arms or legs that cannot be saved.

Head and Brain Injuries

Motorbike helmets can significantly reduce the risk of head injury, severe injury to the neck, and traumatic brain injuries. Sadly, not all bikers wear helmets, exposing themselves to the risk of serious injuries such as concussions, traumatic brain injuries, skull fractures, and more. These injuries can have long-term and life-altering cognitive, physical, and psychological impairments.

Back and Spinal Cord Injuries

Trauma to the neck area and spinal column can result in devastating injuries for motorcycle riders. These injuries include displaced vertebra, spinal cord damage, herniated discs, and torn ligaments. Trauma to your spine can lead to severe spinal cord injuries, causing partial or full paralysis that may be permanent or temporary.

Other injuries associated with motorcycle accidents include chest injuries, open wounds, and psychological injuries. Generally, treatment for various motorcycle accident injuries can be costly. The victim can recover fully or never recover, depending on the severity of the injuries sustained. That’s why it’s recommended to work with an experienced motorcycle accident lawyer to ensure you get the maximum possible compensation.

Much like car accidents in Toronto, if you are involved in a motorcycle collision, you may be entitled to certain benefits or income assistance under your insurance policy. These accident benefits (compensation) provide immediate financial help and rehabilitative support to people who have sustained injuries, regardless of who was at fault for the accident. There are two categories of these accident benefits. These include:

Income Replacement Benefits

These accident benefits are available to motorcycle riders whose injuries prevent them from resuming their work responsibilities or who have suffered a reduction in their capacity to work. The maximum amount of income replacement benefits under most standard insurance policies is $400.00 weekly.

Suppose you were not working at the time of the motorcycle accident. In that case, you will still qualify for these accident benefits based on the total number of weeks you worked over the 52 weeks before the accident. If you aren’t eligible for the income replacement benefits, you may qualify for the non-earner benefits – about $185.00 weekly.

Medical and Rehabilitation Care Benefits

This form of compensation ensures access to treatment such as chiropractic, physiotherapy, and psychological counselling. If you suffered severe injuries, you may also be eligible for attendant care benefits.

This allows you to get a personal support worker who can attend to you at home and help with your care. The medical and attendant or rehabilitation care benefits are divided into different categories depending on the severity of your injuries. These categories include:

• Up to $3,500 of benefits for minor accident injuries
• Up to $65,000 for non-catastrophic injuries
• Up to 1 million dollars for catastrophic injury

To prevent any argument related to your entitlement to compensation, it’s recommended to immediately report the motorcycle accident to your insurance provider. Upon request, your insurance provider will provide the necessary forms, such as OCF-1 (application form) and OCF-3 (disability certificate).

Remember, you must fill out the OCF- form. Your treatment provider, such as your physiotherapist or family doctor, will need to fill the OCF-3. While your insurance adjuster may offer to help fill out the OCF-1 form, it’s best to consult an experienced lawyer.

The adjuster may not have your best interests in mind, but your personal injury lawyer will protect your rights and your interests during the entire claim process.

The Canadian legal system is complex and can be overwhelming, particularly for individuals who have never filed a legal dispute before. In the aftermath of a motorcycle accident, you are likely to be dealing with emotional trauma, physical injuries, and financial stress. Thus, it can be challenging to navigate the legal system while recovering from your injuries and trying to get yourself back on track.

Therefore, notify your team of personal injury lawyers about the accident right away. An experienced motorcycle accident injury lawyer can help you take all the necessary steps to maximize your compensation. Here are the ways your personal injury lawyer can help.

Investigate and Build a Strong Case

To recover compensation after a bike accident, you need enough evidence that proves negligence. Your motorcycle accident injury lawyer can investigate different aspects of the incident that led to your injuries and build a strong personal injury claim.

Indeed, the personal injury lawyer can work with forensic experts to collect and assess evidence and use legal means like subpoenas to obtain acceptable evidence to support your motorcycle accident claim.

Our motorcycle accident lawyers in Toronto can conduct an on-site scene investigation, get your motorcycle (and other vehicles involved in the collision) inspected, talk to witnesses, and acquire a copy of the accident report. They can also obtain different forms of documentary evidence and review your medical bills.

Indeed, our knowledgeable motorcycle accident lawyers usually conduct a thorough investigation and case assessment to build a strong personal injury claim. Remember, from the time of the motorcycle accident, you have up to 2 years to file a personal injury lawsuit.

The Burden of Proof

As the victim of a motorcycle accident, you must prove that there was negligence or fault resulting in the motorcycle crash and the accident was the cause of your injuries or damages. In the Canadian courts, this proof is determined based on a ‘balance of probabilities’ in motorbike accidents. This standard of proof is significantly lower than the ‘beyond reasonable doubt’ standard applied in criminal lawsuits.

A team of professional and dedicated personal injury lawyers can acquire the information and relevant pieces of evidence to prove that an entity’s negligence resulted in an accident that caused your injuries. Note that the other at-fault driver doesn’t have to be 100% responsible for the accident. Under the Contributory Negligence Act, you may still be entitled to compensation even if you were partially to blame for the accident.

Prove and Calculate Damages

In Toronto, injuries incurred in motorcycle accidents must be proven to reach or exceed a certain threshold, resulting in impairment of either mental, psychological, or physical functioning. Such a claim should be made and supported by a medical professional.

Proving the extent of your motorcycle crash can increase the chance of obtaining damages for loss of enjoyment of life, pain, suffering, and healthcare expenses.

Depending on the circumstances of your case and the severity of your accident, calculating how much your claim is worth can be a complicated process. Luckily, your motorcycle accident lawyers in Toronto can gather the information needed to estimate and calculate the amount of settlement you may be entitled to. Some of the factors that must be considered include:

• The severity of the injuries suffered
• Medical expenses and cost of physical therapy
• Lost wages or lost income
• Pain and suffering
• Other damages, such as loss of consortium, property damage, and more

Negotiating Financial Compensation

Though most motorcycle accident claims are settled out of court, getting fair compensation requires extensive knowledge of the personal injury law, experience, and time. Also, you must prepare your case as though you’re going to trial.

You must have a well-thought-out legal strategy and, most importantly, experienced personal injury lawyers on your side. In other words, if you want successful claim settlement negotiations and compensation, you need a team of experienced personal injury lawyers.

Your insurer won’t just hand over money to you. Without a strong motorcycle accident case, your insurance company knows that it can get away with a low settlement offer or even deny your claim. The best person to advise you on the settlement offer is your personal injury lawyer.

After all, this professional understands the strengths and weaknesses of your case and can negotiate a better settlement amount.

Take your Claim to Court

Taking your personal injury claim directly into a courtroom is rarely the first legal option that our motorcycle accident lawyers consider. However, if settlement negations have failed or the insurance company isn’t ready to settle out of court, then your lawyer will take your claim to trial.

At this point, you must have a dedicated lawyer with real trial experience to build strong evidence-based case files that can stand under scrutiny and legally apply leverage on an unwilling insurance company. Indeed, your lawyer must apply all legal mechanisms to achieve the desired results within the shortest possible period.