Motorcycle Accident Claims: Unique Challenges and Considerations

July 09, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Motorcycle accidents present unique challenges and considerations, particularly in Ontario, Canada. The distinctive nature of these cases requires specialized knowledge and expertise to navigate the complexities involved. At Deutschmann Personal Injury Law, we understand these nuances and are dedicated to helping motorcycle accident victims secure the compensation they deserve.

Understanding the Unique Challenges

Motorcycle accidents often result in severe personal injuries due to the lack of protective barriers between the rider and the road. Unlike car accidents, where occupants have the benefit of seat belts, airbags, and the car's structure, motorcyclists are more vulnerable. Common injuries include traumatic brain injuries, spinal cord injuries, fractures, and road rash. These injuries can lead to long-term disabilities, extensive medical treatments, and significant lifestyle changes.

1. Proving Liability:

One of the primary challenges in motorcycle accident claims is proving liability. Motorcyclists are often unfairly stereotyped as reckless or irresponsible. This bias can influence witnesses, law enforcement, and even insurance adjusters, making it harder to establish the motorist's fault. At Deutschmann Personal Injury Law, we counteract these biases by gathering comprehensive evidence, including eyewitness testimonies, traffic camera footage, and expert accident reconstruction.

2. Insurance Coverage:

Insurance coverage is another critical aspect. In Ontario, motorcycle insurance operates under the same no-fault insurance system as automobile insurance. However, the benefits available under the Statutory Accident Benefits Schedule (SABS) can be inadequate given the severity of motorcycle accident injuries. Navigating through these insurance policies to maximize your benefits requires detailed knowledge and experience, which our team possesses.

Legal Considerations in Ontario

In Ontario, several legal considerations must be taken into account when pursuing a motorcycle accident claim. These include the statutes of limitations, contributory negligence, and the process of filing a claim.

1. Statute of Limitations:

The statute of limitations for personal injury claims in Ontario is generally two years from the date of the accident. Failing to file within this period can result in losing your right to pursue compensation. Therefore, it's crucial to consult with a personal injury lawyer as soon as possible after the accident to ensure all legal deadlines are met. We make home and hospital visits to ensure you get the representation you need as soon as possible.

Steps to Take After a Motorcycle Accident

Taking the right steps immediately following a motorcycle accident can significantly impact the outcome of your claim. Here are essential steps to follow:

1. Seek Medical Attention:

Your health is the priority. Even if you feel fine, some injuries may not be immediately apparent. Obtain a thorough medical examination to document all injuries.

2. Report the Accident:

Notify the police and file an accident report. This official documentation is critical for your claim.

3. Gather Evidence:

Collect as much evidence as possible from the accident scene. This includes photographs, contact information of witnesses, and any other relevant details.

4. Notify Your Insurance Company:

   Inform your insurance company about the accident. Be honest but avoid admitting fault.

5. Consult a Personal Injury Lawyer:

Contact a personal injury lawyer with experience in motorcycle accident claims. At Deutschmann Personal Injury Law, we offer a free initial consultation to discuss your case and provide guidance on the next steps.

Why Choose Deutschmann Personal Injury Law?

At Deutschmann Personal Injury Law, we have a proven track record of successfully handling motorcycle accident claims in Ontario. Our team understands the unique challenges these cases present and is committed to providing personalized, compassionate, and effective legal representation.

1. Expertise:

Our lawyers have extensive experience in personal injury law, particularly in motorcycle accident claims. We understand the intricacies of Ontario's legal system and insurance policies, ensuring you receive the maximum compensation possible.

2. Personalized Attention:

We recognize that each case is unique. Our team takes the time to understand your specific circumstances, tailoring our approach to meet your needs.

3. No Upfront Fees:

We operate on a contingency fee basis, meaning you don’t pay unless we win your case. This ensures that you can pursue your claim without financial stress.

4. Comprehensive Support:

From gathering evidence to negotiating with insurance companies, we handle every aspect of your case. Our goal is to alleviate your burden so you can focus on recovery.

Motorcycle accident claims in Ontario come with unique challenges and considerations. The severity of injuries, biases against motorcyclists, and complexities of insurance coverage necessitate experienced legal representation. At Deutschmann Personal Injury Law, we are dedicated to helping you navigate these challenges and secure the compensation you deserve. Contact us today for a free consultation and let us help you on the road to recovery.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.