Personal Injury Law
Motorcycle Accident Lawyer
Personal Injury Law
Motorcycle Accident Lawyer
When colliding with other vehicles, motorcycle riders are likely to be disproportionately injured. If you are sure that the accident was caused by the negligent and rash driving of the colliding vehicle, you have a valid personal injury claim that you can pursue through a personal injury lawyer. In most cases, such claims are settled through negotiations between the motorcycle accident lawyers and the insurance providers representing both parties. If the negotiations do not make much headway, then litigation can be pursued with your personal injury lawyer presenting your case in court.
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What should you do immediately after a motorcycle accident?
Take steps to ensure safety.
As with any other accident, the first thing to do is to ensure the safety of everyone involved. As it often happens, the vehicles and the people involved in the crash might be lying in the middle of the road in danger of further collisions from upcoming traffic.If an injured person is on the road and unable to move, they should not be touched until emergency services arrive, as moving them may cause more injury. Traffic should be redirected to keep them safe.
Contact the emergency response number and the police as soon as possible.
You need to immediately call and report the matter to the local emergency response team and the police. Paramedics will report to your scene in the shortest possible time. They will provide emergency first aid before transporting the injured to the nearest hospital. Reporting to the police is also important. The report created by the police based on your phone call and subsequent inquiries will form the official record of the case, which would be the basis of your personal injury claim.
Make sure to document everything at the scene and at the hospital.
When your personal injury claim finally reaches the court, you will see that even the basic details about the case will be disputed if you do not have documentary evidence to substantiate the facts. This is why it is important that everything is documented and recorded from the very beginning. If you are severely injured, entrust this responsibility to a trusted friend or your personal injury lawyer.
How can a motorcycle accident lawyer help you with the case?
It is crucial that you employ the services of an experienced personal injury lawyer to ensure that your claim is not rejected and you receive the full compensation. An experienced personal injury lawyer can help you with the following:
Gathering evidence and building your case:
Your lawyer will act on your behalf, especially if you are recovering from your injuries, to collect all the necessary evidence and documentation, such as police reports, witness statements, CCTV footage, expert testimonies, and medical records, all of which will be helpful to prove your claim during the negotiations and in court, if needed.
Negotiating on your behalf:
It is best to let your lawyer negotiate with the insurance provider and their lawyers. An experienced motorcycle accident lawyer will know that insurance providers are likely to downplay your injuries and offer a low amount as compensation, citing various factors.
Ensuring the maximum compensation:
Your lawyer will know how much you are entitled to as per the law and will fight on your behalf to ensure that you receive the full amount.
Legal representation:Â Â Â Â Â Â
If the negotiations are not fruitful, then it might become necessary to pursue litigation to resolve this matter. If so, your lawyer will provide you with legal representation in court.
Frequently Asked Questions
Not likely. While this might vary from case to case, it is unlikely that your claim will be rejected solely based on your failure to wear the helmet. Under Canadian law, this will fall under the category of contributory negligence. This means that by failing to wear the helmet as mandated by law, you are partially liable for your injuries sustained in the accident. There are guidelines available to the court to calculate the proportion of liability among the parties involved in such cases. In simple terms, this means that if the court finds that you were 30% negligent in causing the accident, you will only receive 70% of the final compensation amount.
It is best to consult your personal injury lawyer on your available options in such cases.
- Even when the other driver is uninsured, you can still pursue your compensation claim with your insurance provider. The same rule applies in a hit-and-run case, where the identity of the driver itself is unknown.
- Many provinces have also set up funds for relief in cases where both parties are uninsured. A good example is the Motor Vehicle Accident Claims Fund in Ontario.
This will happen only if you were fully or partially liable for the accident. If you were the victim of an accident caused by someone else and you were not at fault, your insurance premiums should stay the same. So, you should not hesitate to file the personal injury claim, worrying about how it might affect your future insurance premium rates.
While it is perfectly feasible for you to file an accident claim without a lawyer, the guidance from an experienced personal injury lawyer will ensure that your genuine claim will not be rejected and that you receive the maximum amount as per the law. Without a capable lawyer negotiating on your behalf, the insurance provider is likely to attempt to reduce your compensation as much as possible. There is also the option to hire the services of a personal injury lawyer on a contingency fee basis. This means that your lawyer will get paid only when they have successfully helped you win the compensation.
How We Can Help
If you are planning to file a motorcycle accident claim, get in touch with our legal team today for a consultation. Our experienced personal injury lawyers will ensure that your rights are protected and that you receive a compensation amount that is just and fair.