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What Happens if You Are in a Motorcycle Accident?

June 24, 2024

Motorcycle accidents can result in severe injuries and fatalities, making it crucial for individuals involved in such accidents to understand their rights and options for seeking compensation. Here's an overview of the information you've provided:

 

Types of Motorcycle Accidents to Consider:

  • Distracted Driver Accidents: If you've been in an accident while riding your motorcycle due to a distracted driver, such as someone using a cell phone, it's essential to consult with an injury attorney, as distracted driving remains a prevalent issue.
  • Intersection Accidents: Motorcycle accidents frequently occur at intersections, where drivers may fail to notice motorcyclists. If you were involved in such an accident, legal consultation may be necessary.
  • Speeding Accidents: Speeding is a common problem for both motorcycles and automobiles. While it's generally viewed as reckless behavior, there may be legal defenses worth exploring.
  • Sharing Lanes/Blind Spot Accidents: Motorcyclists can sometimes find themselves in a car's blind spot, leading to accidents when cars change lanes. If this happened to you and the insurance claim is inadequate, legal action may be warranted.
  • Drunk Driving Accidents: Drunk driving is a significant contributor to road fatalities. If your accident resulted from a drunk driver's actions, your legal case is likely strong. However, if you were found to be inebriated at the time, legal strategies will need to be developed.

Rights and Options After a Motorcycle Accident:

  • Accident Benefits: In Ontario, accident benefits are available to those injured in motorcycle accidents. Reporting the accident to your insurance company within seven days is crucial. Accident benefits are provided through a no-fault system, meaning you can seek benefits even if you contributed to the accident.
  • Examination Report: You have the right to obtain a copy of the insurance company's examination report conducted by licensed medical professionals. You can also ask questions about the findings.
  • Appeal Insurance Decisions: If your insurance claim is denied, you have the right to mediate or appeal the denial of benefits. Insurance companies' decisions are not always final, and you can challenge them.
  • Sue a Negligent Driver: If you were not at fault or only partially at fault, you may sue the negligent driver, especially if you suffered permanent and serious impairment, according to the Insurance Act. This lawsuit can seek compensation for pain and suffering and additional healthcare expenses, in addition to accident benefits.

 

It's essential to consult with a personal injury lawyer experienced in handling motorcycle accident cases to understand your rights fully and determine the best course of action based on your specific circumstances. Legal representation can help you navigate the complexities of insurance claims and, if necessary, pursue compensation through legal action.

 

We are happy to review your case details and assess how we can assist you. Injury law can be intricate and complex, which is why we provide free consultations. Reach out to us at 1-(855) 932-4929 or email us at info@vclawyers.ca to get started.