The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
Our law firm handles various types of personal injury and disability matters, including assisting those who have been injured as a result of a motorcycle collision.
We understand that after an accident, you may be going through a difficult time and be looking for answers or guidance for your next steps.
What should I do if I’ve been involved in a motorcycle collision?
If you are injured as a result of a collision, you may be wondering what to do next. As an injured person, it is important to know your rights and obligations. Here are some suggested tips:
What kind of injuries might occur as a result of a motorcycle accident?
A motorcycle collision can result in various types of injuries, including concussion, brain injuries, fractures, spinal cord injuries and fatality. Consider that motorcyclists do not have airbags or the fame of a car or truck to protect them. Injuries caused by accidents can be severe and life-threatening.
According to the Road Safety In Canada 2011 report from Transport Canada, motorcyclists fall into the category of “vulnerable road users” as “they are vulnerable by virtue of their lack of protection if struck by a vehicle”. In total, vulnerable road users equate to approximately 25% of traffic fatalities in Canada.
According to the 2015 Transport Canada -Canadian Motor Vehicle Traffic Collision Statistics Report, in 2015 there were 200 motorcyclist fatalities (10.8% of all road fatalities) and 12.1% of road users who were seriously injured were motorcyclists.
What happens if I am injured?
A motorcyclist must be properly licensed and carry proper insurance in Ontario. When injured as a result of a collision, you can make a claim for Statutory Accident Benefits through your own insurance company and you can start a lawsuit against the at-fault party (known as a tort claim) if there was an at-fault party.
Accident benefits can include income replacement benefits if you are unable to return to work, medical and rehabilitation benefits to cover the cost of treatment and in cases where injuries are severe, attendant care. For more about accident benefits, click here.
When you make a tort claim, you may be entitled to compensation for lost wages, future income loss, out of pocket expenses, future medical expenses and pain and suffering.
Why should I contact a Lawyer?
Navigating the world of accident benefits can be confusing and you may find dealing with the insurance company stressful. An experienced personal injury lawyer can help you to understand your rights and obligations as an insured person and help you when benefits are denied.
A lawyer can also help you to put the at-fault party “on notice” that you intend to commence a legal action against them and help you to build your case.
When you hire a lawyer, you no longer have to deal with the insurance company directly as your lawyer will communicate with them on your behalf.
A lawyer will make sure you understand all the limitation periods (deadlines) that apply and what your responsibilities are during your claims/lawsuit.
Your lawyer can also help you if you have group disability coverage and your short-term or long-term disability claim is denied. As with accident benefits, your lawyer will communicate with the insurer for you which can make life less stressful for you.
It is important that we all share the road in a safe manner. It is always important to consider your safety (and the safety of others) as a road user, regardless of what type of vehicle you drive, whether it is a car, bicycle or motorcycle. How you drive your vehicle matters and affects the safety of others.
Here are some safety tips for motorcyclists we felt were important to share:
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario