If you are injured in a motorcycle accident, you have the right in Ontario to file a claim against the insurance company of the driver responsible for causing injury to you. An insurance company’s role is to pay for any losses specifically related to any accidents caused by its policyholders. While this may sound easy enough, insurance companies often make it hard to get the money you deserve. In these cases, calling an Ontario motorcycle accident lawyer can help.
Belgum, Fry & Van Allen is Ontario’s premier personal injury law firm. Our experienced attorneys have a prompt, aggressive approach in the courtroom, and their top concern is a satisfied client. We offer case-specific attorneys, which adds a personalized touch to each case we take on. In addition, we can’t take any money from our clients unless we win their claim, so we are results-motivated.
Motorcycle accidents are unique in that motorcycles are smaller than other vehicles and harder to see. In addition, they do not have safety features like an enclosed passenger space, airbags, or seatbelts, which makes accidents involving motorcycles even more dangerous.
The California Highway Patrol urges motorcyclists to wear bright-colored clothing to stand out more to other drivers. They also recommend motorcycle riders take a rider safety course to improve their riding readiness. In many accidents involving motorcycles, it is not the motorcyclist’s fault when an accident occurs because drivers of passenger vehicles don’t always pay as close attention to motorcycles as they should.
Motorcycle drivers are responsible, though, for many motorcycle accidents, and one of the most common culprits is alcohol. In 2020, 27% of motorcyclists who died in the US in a motorcycle accident were alcohol-impaired, and 41% of single-vehicle accident riders were alcohol-impaired.
While an accident is an accident, there are some specific steps for motorcycle accidents that you can take if they occur.
The first thing you should do is call the police or 911. Get checked out by paramedics when they arrive, and make sure others do as well. You will need a police report to give to your insurance company, so it is imperative that you call the police, even if the other driver encourages you not to.
When speaking to the police, other drivers, or anyone at the scene of the accident, do not admit fault. If you believe you were responsible, keep it to yourself. Anything you say may be used against you by insurance adjusters.
Do provide your personal information and get the contact and identifying details of the other drivers, pedestrians, witnesses, and police officers. You can quickly take cell phone pics of the other vehicles, tag numbers, positions of the vehicles, and even the other driver’s identification, such as insurance card and driver’s license.
If taking a picture is not possible, write everything down. If there are bystanders who witnessed the accident, ask for their information as well.
Also, take photos of the motorcycle, including where it stopped or landed after the accident in relation to any other involved vehicles. Note any traffic signals or signs on the roadway. If there is debris left on the road or skid marks remain, document those as well, and document the condition of the roadway, traffic, and weather at the time of the accident.
Report the accident to your insurer. Again, don’t admit anything or imply you were at fault. Just report the facts. If you are contacted by the other driver’s insurance, keep your answers brief and don’t incriminate yourself. Politely decline a recorded statement, and remember, they are trying to find a way to deny your claim or minimize your settlement.
At this point, you should call an Ontario motorcycle accident lawyer promptly. In California, you have two years from the date of the accident to file a personal injury claim.
Your insurance company will review your claim and either accept it or deny it. They may want to investigate the matter, and they may ask for medical records and police reports. A motorcycle accident lawyer can help you file a complaint and communicate with insurance adjusters, as well as negotiate with them to optimize your insurance claim. If necessary, a good Ontario motorcycle accident lawyer can represent you and litigate on your behalf.
A: Whether you should get a lawyer for a motorcycle accident depends on how you’re involved in the case. Were you charged with fault, or were criminal charges involved? Perhaps you were injured. If any of these scenarios are true for you, chances are you could use a motorcycle accident attorney. The only way to know and determine what legal path you should take is to call a motorcycle accident attorney and get professional legal advice on your case.
A: In Ontario, there is no average settlement amount for motorcycle accident claims. Each claim is different and based on the accident that occurred. Factors that influence the rate of a motorcycle accident attorney include the lawyer’s listed rates, the extent of the injuries, and the degree of fault that each plaintiff holds.
A: A motorcycle accident settlement can vary depending on many factors. Sometimes, an investigation can delay a claim from being finalized in a timely manner. Once the settlement is confirmed and the award is no longer under review, the settlement check can come in. However, some insurance companies drag their feet, and further effort may be necessary.
A: Approximately 70% of motorcycle accidents occur at intersections, according to DC.gov, which means drivers and motorcycle riders should be especially careful when driving through an intersection and watch out for other vehicles, whether cars or motorcycles. Other tips include always wearing a helmet, staying sober, and being cautious in less-than-ideal weather conditions.
If you were injured in a motorcycle accident and you incurred losses as a result of this accident, time is crucial. Speak to an Ontario motorcycle accident lawyer to discuss filing a claim for your injury with the experience and fervor that it takes to win cases. Call Belgum, Fry & Van Allen today.