Motorcycle Accident Claims
Motorcycle and bicycle accidents are terrifying. With only your helmet and clothes to protect you against other vehicles, obstacles and the road, you are much more likely to suffer serious injuries if you get into an accident riding a motorcycle than you would if you were driving a car.
Motorcycle and bicycle riders share the road with vehicles that outweigh them, driven by drivers that may be in a hurry, lost or distracted by their mobile phones. When motorcycles or bicycles and automobiles collide, the smaller and lighter vehicle always loses.
Having the right personal injury lawyer who is experienced with motorcycle and bicycle accidents can make a big difference in the amount of compensation that you will end up with—and as a motorcycle or bicycle rider, the amount of your settlement can be considerable.
How Serious Are Motorcycle Accidents in Toronto?
Although motorcycles make up only 2% of the vehicles on Canadian roads, motorcycle riders account for more than 12% of all motor vehicle accident fatalities.
When motorcycle riders are fortunate enough to survive collisions, their injuries are 10 times more severe than injuries of riders of other types of motor vehicles, according to the Institute for Clinical Evaluative Sciences, the Sunnybrook Health Sciences Centre and the University of Toronto.
The medical costs resulting from motorcycle accidents are also six times higher than those from car crashes.
Toronto Motorcycle Accident Compensation
If you have been injured or lost a loved one in a motorcycle accident, you will have immediate expenses that will need to be paid, as well as additional costs in the future. You can pursue compensation from:
- Statutory Accident Benefits
- Tort Claim
Under Ontario law, you are required to notify the police immediately if anyone is injured in a car accident or the damage to all vehicles appears to be greater than $2,000. It is also important to report your accident to your insurance company within thirty (30) days or risk statutory benefits being delayed or denied.
Statutory Accident Benefits
Even if you are determined to be 100% at fault, you are still eligible for Statutory Accident Benefits.
Your insurance company will send you an Application for Accident Benefits which must be completed and returned within 30 days.
Depending on your injuries, you may receive compensation for things such as:
- Medical care for accident-related injuries
- Income replacement or non-earner compensation
- Caregiving, if you served as a caretaker for others before the accident
- Rehabilitation to help you recover from your injuries
- Attendant care, if you are not able to care for yourself after the accident
- Death and funeral expenses
Unfortunately, it is becoming much harder to get the compensation that is rightfully yours and many claims are denied on technicalities. There are also strict limits on the amounts that can be paid.
In order to protect your claim you will have to:
- provide evidence of medical need
- meet specific criteria for each benefit
- meet strict deadlines
Your compensation will depend on how severe your injuries are determined to be, even if you meet their set criteria.
Having a personal injury lawyer experienced with Toronto motorcycle accidents to guide you through the often-confusing process will vastly improve the possibility that your claim will be accepted and qualify for maximum compensation.
As helpful as having Statutory Accident Benefits may be after a motorcycle accident, if you were severely injured or lost a loved one in a collision, you may need to file a Tort Claim, or lawsuit, to get the full compensation that you will need.
Bias Against Motorcycle Riders in Tort Claims
Many parties may be prejudiced against motorcycle riders, from insurance company representatives to the judge, if your case goes to trial.
The common misperception that motorcycle riders are unsavory characters who take unnecessary risks can affect whether or not you are determined to be responsible for the accident.
A Toronto attorney experienced with motorcycle accident cases will know the best ways to counter bias against you and build a solid case so you can get the compensation that you need for your recovery.
How Much Compensation Can I Receive After My Toronto Motorcycle Accident?
Some factors that will help determine the amount of compensation you can receive from your tort claim are:
If someone else was responsible for your injuries, their insurance company will be liable for your damages. If the other party is determined to be 100% at fault, you are likely to receive more compensation than if you share fault equally.
- Amount of Insurance
The amount of insurance money that is available for the vehicles involved is generally the highest compensation that you will be able to receive. Unless the driver has a fair amount of personal wealth, it can be difficult to collect your award if you choose to sue the at-fault party directly.
- Medical Bills
The dollar amount of your medical bills demonstrate how severe your injuries are. Higher medical bills show the insurance company and judge that you have a high degree of injury.
- Lost Wages
If you can prove that your injuries made you unable to perform your job, you are entitled to compensation for the wages that you would have earned if you had not been injured.
- Pain and Suffering
The judge will determine the amount of pain and suffering that you are entitled to, based on the amount of medical bills that you accumulate and the wages that you lose during your recovery.
How Long Will My Motorcycle Accident Claim Take?
Some injuries are predetermined to be very costly and insurance companies will settle quickly. Other claims, such as those involving soft tissue injuries, are more difficult to determine.
If this is the case with your injuries, you will need to wait until your injuries are healed to account for the full cost of treatment and determine which injuries are permanent. Once a case is determined, you cannot request more funds if your injuries prove to be worse than originally thought.
An experienced Toronto attorney can help you determine whether or not you should take a settlement or push for trial and will be able to give you a general timeline for your case, based on the factors involved.
Why You Need a Lawyer Who Specializes in Motorcycle Accidents
Insurance companies are for-profit entities that will try to pay the least amount of compensation possible, regardless of the extent of your injuries or their client’s responsibility. They have a team of expert legal professionals on their side that understands how to minimize victim benefits so that their company can pay the least amount of money possible.
Having an attorney who specializes in motorcycle accidents can greatly increase the amount of compensation that you will receive. Your attorney will be well versed in the law and legal precedents and be able to fight for your rights to get you the compensation that you need.
According to an Insurance Research Council study, self-represented plaintiffs received less than one third of the compensation that plaintiffs represented by an attorney, even after attorney’s fees were paid.
Why Choose Claim Accident Services
- Pay nothing until we win your case
- Get help, even if you were at fault in the accident
- Have a better recovery with professional rehabilitation services
- Get the MAXIMUM compensation possible for your case
- FREE transportation to and from your legal/medical visits
- FREE consultation
- FREE case evaluation
We Can Help You With:
- Head-On Collisions
- Rear Impact Collisions
- Side Impact Collisions
- Runoff Collisions
- Hydroplane Collisions
- Fender Benders
- Traffic Violations resulting in Car Accidents
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- TTC Accidents
- Bicycle Accidents
- Electric Scooter (E-Scooter) Accidents
- Pedestrian Accidents
- Hit and Run Accidents
- ATV Accidents
- Bus Accidents
- Taxicab Accidents
How Claim Accident Services Can Help You
After a motorcycle accident, you will need help to get your life back.
At Claim Accident Services, we take on the time-consuming work of:
- Interviewing and vetting experienced legal representation
- Finding the attorney with the right skill set for your specific needs
- Researching the highest-quality healthcare providers for your injuries
Just one call to Claim Accident Services can get you started. We will listen to your story and put you on the path to recovery.
We have lawyers who specialize in motorcycle accidents who will guide you every step of the way through the complex process, whether you shared fault in the accident or not. Our legal team will help you to protect your claim and provide for your future needs and losses.
Our healthcare providers are well versed at treating the serious trauma involved with motorcycle accidents. They can set you up for a successful recovery.
Our reputation rests on the quality of our providers, so we only choose the best for you.
Our lawyers serve the Greater Toronto Area (GTA) including Toronto, Etobicoke, Scarborough, Mississauga, Brampton, North York, Richmond Hill, and Markham, as well as Oakville, Barrie, Collingwood, Niagara Falls, London, Waterloo / Kitchener and surrounding areas.
We can help you get your life back after a catastrophic accident. Call us at (647) 632-4357 to get started.