Motorcycle Injury

Motorcycle riders face unique risks on the road that may result in severe injuries and life-altering consequences. At Oatley Vigmond, our motorcycle accident injury lawyers and accident benefits specialists are well-versed in the unique challenges motorcyclists face. We are committed to helping you obtain the compensation you deserve after an accident.

Motorcycle accident injuries account for a significant portion of serious injuries on Ontario’s roads. Despite comprising only a small percentage of vehicles, motorcyclists are disproportionately involved in catastrophic collisions. Unlike cars, motorcycles lack protective features such as seat belts and airbags, which increases the risk of severe injury or death. Additionally, motorcycles are less visible to other drivers, especially in poor weather conditions or at night, making them more susceptible to accidents caused by driver inattention or negligence.

Common Causes of Motorcycle Crashes

Turning Left Across an Oncoming Motorcycle: Vehicles turning left across an oncoming motorcycle are one of the primary causes of motorcycle accidents. This often results in collisions as drivers fail to see an approaching motorcycle when making a left turn, leading them down an unexpected path and into a motorcycle’s path of travel.

Vehicles Changing Lanes Without Noticing Motorcycles: Since motorcycles are smaller and can easily be missed when drivers change lanes, motorcycles can easily be overlooked, resulting in sideswipe accidents.

Drivers Failing to Recognize Motorcycles Due to Inattention: Drivers distracted by texting or talking on a phone can miss motorcycles on the road, resulting in accidents.

Speeding by Either the Vehicle Driver or the Motorcyclist: Increased speeds reduce reaction times and significantly heighten collision risks.

Substance Impairment: Driving while impaired is one of the leading causes of motorcycle accidents, as it impairs judgment and reaction time.

Reckless or Aggressive Driving: Behaviours such as tailgating, abrupt lane changes, and road rage can create potentially hazardous situations for motorcyclists resulting in accidents.

Know Your Rights

If you or a loved one is involved in a motorcycle accident, you are not alone, and we are here to help. Even if the crash was your responsibility, statutory accident benefits are still available and can cover medical bills, rehabilitation expenses, and lost income as a result of catastrophic injuries sustained in an accident. If the accident was due to another driver’s negligence, you have every right to sue them for damages, such as pain and suffering, future income loss, and care costs. Act quickly as there are time restrictions when filing claims.

Under the Limitations Act, the basic limitation period for personal injury claims is two years from the date of the loss. This two-year period applies to all personal injury cases. You are entitled to Statutory Accident Benefits under Ontario’s Insurance Act, a provincial statute that regulates the insurance industry within Ontario and provides a legal framework for the conduct of insurance business. These benefits extend to car drivers, passengers, and insured motorcyclists. To qualify, you must report your accident within seven days. Subsequently, your insurance company will provide an Application for Benefits, which you must fill out and return within 30 days.

Statutory Accident Benefits operate on a no-fault system. This means you can claim benefits regardless of whether the accident was your fault. While your ability to file a lawsuit may be affected by your own negligence, it is not entirely precluded.

As part of the Statutory Accident Benefits claims process, you may be asked to attend an insurer examination by licensed medical professionals, such as doctors and specialists. These professionals will submit their findings to your insurer, who must provide you with a copy of the report within 10 days. You have the right to ask your examining doctors questions about the exam and their findings.

Despite the no-fault basis of Statutory Accident Benefits, there is no guarantee of receiving a fair benefits package. Your insurance company might deny your claim based on the insurer examination findings or other reasons. You have the right to mediate or appeal a denial of benefits and may hire a lawyer at any stage of the process. Professional legal representation, though not mandatory, can greatly assist your case.

You can file a lawsuit against a negligent driver if you were not at fault or only partially at fault and suffered “permanent serious impairment of an important physical, mental, or psychological function” as defined by the Insurance Act. This lawsuit can be in addition to your Statutory Accident Benefits claim and may cover losses such as pain and suffering and certain healthcare expenses.

How We Can Assist

At Oatley Vigmond, we provide comprehensive legal support to motorcycle accident injuries victims. Our lawyers possess an in-depth knowledge of motorcycle accidents. We will gather evidence, such as witness statements, police reports, and accident scene photographs, to establish facts and show negligence from other drivers. After an accident, dealing with insurance companies can be daunting. Our motorcycle accident lawyers are adept at negotiating with insurers to secure you maximum accident benefits and compensation for injuries sustained as a result of your crash, including lost wages and medical costs. Though insurers sometimes attempt to minimize payments or deny claims altogether, our lawyers will take action and fight on your behalf to protect your rights and ensure you receive maximum coverage for Accident Benefits and medical claims. If needed, we will file a lawsuit in order to secure the compensation due to you. Our motorcycle accident lawyers are prepared to go the distance if a satisfactory settlement cannot be achieved through negotiations alone; with decades of experience litigating motorcycle accident cases, we will represent your needs with pride and expertise.

Common Motorcycle Accident Injuries

Traumatic Brain Injury (TBI): Due to lack of protective features, motorcyclists are highly prone to head injuries in a crash. TBIs can have lasting cognitive and physical consequences which impair the quality of life for victims.

Spinal Cord Injuries (SCIs): Spinal cord injuries may lead to partial or complete paralysis, necessitating long-term medical care and rehabilitation services for treatment and recovery. SCIs often result in major lifestyle adjustments as well as ongoing healthcare requirements for ongoing medical needs.

Fractures: Motorcycle accidents often lead to fractures that require extensive medical treatment and rehabilitation time for recovery. Fractures can lead to long-term discomfort and mobility issues that necessitate hospital stays for care.

Soft Tissue Injuries: Strains, sprains and tears may lead to permanent impairments and require extensive rehabilitation. Such soft tissue injuries may become debilitating and affect an individual’s daily activities, potentially even hindering daily living activities altogether.

Internal Bleeding: Internal injuries require immediate medical treatment as they could quickly become life-threatening if left untreated.

Road Rash: Though seemingly harmless, road rash can quickly lead to infections and scarring if left untreated properly. Severe cases may even require skin grafts to permanently repair disfigurement.

How to File a Motorcycle Accident Claim

Collect photographs, witness statements, police reports, and documentation of injuries as evidence to substantiate your claim. The more evidence there is available, the stronger your claim will be. Report the incident to your insurance and present all relevant documentation to your insurer as soon as possible, being as transparent and thorough as possible so as to prevent later complications. Navigating a motorcycle accident claim is often complicated, and having legal assistance to assist can help ensure all procedural requirements are fulfilled while protecting your rights. Schedule a free consultation with our experienced motorcycle accident lawyers to discuss your case and learn about your legal options.