Many people think motorcyclists are often reckless and dangerous. In reality, there are fewer motorcycle accidents in Ontario than auto accidents yet they are 35 times greater to result in a fatality than a car. Every motorcycle accident deserves review to determine whether the situation is worth going after in court or simply letting insurance claims take care of you.
If you have been in a motorcycle accident that was the result of any of the following, give us a call to schedule a consultation.
Distracted Driver Accidents
Have you been in an accident on your bike while talking on a cell phone? Despite tougher laws, it continues to be a problem with motorists of all kinds. If you were distracted by something else, such as a deer running across the road or a nearby scene, there is a great chance you have a defensible case.
These days everyone is in a hurry and when traffic lights change, not all drivers pay much attention to motorcyclists. The reality is that motorcycles are often hard to spot, particularly in busy intersections. If you were hit in an intersection or caused an accident, you will want to speak with an expert injury attorney.
Speeding is a problem for both motorcycles and automobiles. Speeding is considered a choice rather than a necessity and is viewed as reckless, yet there may be a defence worth implementing.
Sharing Lanes/Blind Spot Accidents
As a motorcyclist, it is easy to drive in someone’s blind spot without knowing. If the car next to you shifted lanes and it resulted in an accident, this is worthwhile situation to go after in court if the insurance company does not come through with a solid claim.
Drunk Driving Accidents
Drunk driving in Canada is one of the largest contributors to road fatalities and is rarely excusable. If your accident was caused by a drunk driver, your case is strong. If you caused the accident and were found to be inebriated at the time, we will need to develop a defensible strategy.
If You Have Been in a Motorcycle Accident – What are your Rights?
To be eligible you must report your crash within seven days of the incident. Your insurance company then will supply you with an Application for Benefits, which you must complete and submit within 30 days of receipt.
If you are an Ontario driver with a standard auto insurance policy you have access to Statutory Accident Benefits. Ontario’s Insurance Act regulates the maximum payment amount depending on the situation. This applies to insured motorcyclists as well as automobiles and passengers.
Recovery even if you were partially to blame Accident Benefits in Ontario are provided through a no-fault system. The good news is that you are eligible to seek benefits even if you contributed to the accident and injuries. For example, you still may apply for benefits if you got distracted due to an animal crossing the road. You may not wish to file a lawsuit but it will still be considered even if you were partially to blame.
Obtain a copy of the insurance company’s examination report
Licensed medical professionals, such as doctors and specialists, conduct post-accident exams and provide the findings to the insurance company. You should receive this examination report within 10 days of receipt. You also have the right to ask the examining doctor questions about the findings.
Appeal the insurance company’s decision
Accident Benefits are provided on a no-fault basis yet there is no guarantee you will receive a fair benefits package. Insurance companies wield a bit of power when it comes to claims… so if your insurance company denies your claim based upon any reasons you have the right to mediate or appeal a denial of benefits.
Sue a negligent driver
If you were not at fault or even partially at fault you may sue the negligent driver particularly if you suffered serious impairment that became permanent, according to the Insurance Act. This lawsuit would be made as an addition to the application for Accident Benefits. The thrust would be to compensate for pain and suffering and additional healthcare expenses.
Hire a personal injury lawyer
You have the right to hire Wynperle Law at any stage of the process. We would love to represent you.
Wynperle Law – Top Injury Law Firm
We would be pleased to discuss the details of your case and determine how we can help. Injury law is confusing and complicated. As such, we offer complimentary consultations. Give us a call at (519) 836-0300 or contact us here.