Motorcycle Accident Lawyer - Injury Compensation
Bike riders are one of the most vulnerable groups of road users due to their relative lack of protection from injury and the fact that car drivers often fail to anticipate their presence or actions. A motorcycle accident lawyer is often able to claim substantial compensation for fatalities or for those who are seriously injured. If you have been injured as a result of an accident involving the use of your motorcycle please contact our motorcycle accident lawyers urgently to discuss a potential compensation claim.
There is no question that driving a motorcycle is more dangerous than driving any other type of motor vehicle. The motorcyclist is exposed and vulnerable to injury because there is no physical protection. Motorcycles can be difficult to see by drivers of other motor vehicles even when they are in plain sight. In addition motorcycles may be difficult to handle and can skid or slide on less than optimal road surfaces including inclement or icy weather. A motorcyclist can lose control of the vehicle to avoid a pot hole, road debris, excessive gravel or a person opening a car door. In all cases a motorcycle accident lawyer will consider the circumstances of the incident and will take legal action for an award of financial compensation for personal injury and loss against any negligent third party which may include other drivers or pedestrians or any other person or organization responsible for contributing to the cause of the accident. If you need advice from a motorcycle accident lawyer just call the helpline.
A motorcycle accident can result in serious injury or death. Spinal injuries are common because the neck can go through a flexion/extension injury and the cord can be transected. There can also be hematomas (blood clots) around the cord and the person suffers from what is usually permanent paralysis. Brain injuries are also common. There can be contusions to the brain, swelling on the brain, skull fracture, subdural hematomas, subarachnoid hematomas and penetrating injury to the brain from broken bony fragments. There can also be severe limb trauma in a motorcycle accident, including the possibility of a crush injury and amputation. Finally, internal injuries such as spleen ruptures or bleeding from the liver are possible and can result in severe blood loss and death.
If you have suffered personal injury as a bike rider in a motorcycle accident that was caused by the negligence of another person, you need to speak to a personal injury lawyer. If you were responsible and wholly to blame for the collision, there is no claim. If another driver is found to be negligent and is either fully or partly to blame for the collision then your motorcycle accident lawyer can make a claim against that person or their insurers on your behalf.
A motorcycle accident lawyer is engaged to advise on liability and to determine the value of the claim before entering into negotiations to settle the matter by payment from the negligent driver or the motor insurers alternatively to file legal proceedings in a court of law. In any personal injury compensation claim the first consideration is the value of pain and suffering. The exact amount payable for pain and suffering cannot be accurately determined and must be inferred by assessment. The pain and suffering element is determined by the severity of the injury, the recovery period and the existence of any residual problems or disabilities. Any emotional and psychological injury must also be assessed and valued. There are a number of other issues that also undergo assessment such as loss of lifestyle, loss of congenial employment and loss of advantage on the job market. A claim can be made for all reasonably incurred losses and expenses provided that the elements are foreseeable failing which they will be deemed as too remote. Claimable losses include damage to vehicle, medical expenses, loss of past and future income and wages etc.
Motorcycle Accident Evidence
Every year hundreds of motorcyclists are killed and thousands are seriously injured in traffic accidents in Canada. The accident statistics are horrendous and motorcyclists are almost 20 times more likely to die in a motor vehicle accident than the occupants of a car. Head injury is the leading cause of death and serious injury in motorcycle crashes and half of young motorcyclist who were fatally injured in motorcycle accidents were not wearing helmets at the time of the crash. If you have been injured in an accident there are a number of things that you can do to help your motorcycle accident lawyer to achieve a settlement :-
- Record the name, address, and telephone number of all drivers involved.
- Ask to see the driver's license and record the driver's number of any other drivers.
- Ask to see insurance documentation and copy down all relevant information.
- Do not allow anyone to interrogate you about the events of the accident.
- Write down the vehicle registration, make, model and year of the other vehicles.
- Take down the vehicle owner's name and address, if it is different from the driver.
- If it is a leased or rented vehicle record the rental company details.
- Identify any witnesses to the accident and ask for their personal details.
- Write down anything the other driver has to say about the accident.
- Call the Police.
- Attend the Accident and Emergency room and your own physician.
- Do not sign any statement intending to summarize the facts of the accident.
- Instruct a motorcycle accident lawyer as soon as possible after the accident.
Most motorcycle accidents occur on urban roads at low speeds however more than half of all fatalities occur at high speed on country roads. The statistics for accidents as as follows :
- 75% of crashes involve collision with another vehicle
- Vehicle failure accounts for less than 5% of injuries
- Most single vehicle injuries are caused by rider error
- Highway defects cause less than 5% of accidents
- 60% of multiple collisions are caused by the other vehicle failing to accord right of way
- Most collisions occur because the motorist has failed to see the motorbike
- Most collisions occur when a car makes a left turn in front of an oncoming motorcycle
- Junctions are the most likely place for a collision
- Weather is a factor in 5% of cases
- Large capacity motorbikes are associated with more severe injuries
- Most injured riders are aged between 16 and 24 years
- Three quarters of accidents involve a collision with another vehicle.
- A quarter of accidents are single vehicle accidents.
- Vehicle failure accounts for less than 3% of accidents.
- Road defects caused 2% of accidents.
- Animal involvement caused 1% of accidents.
- Most common accident is when a car makes a left turn in front of a motor cycle.
- Most accidents occur at intersections, with violation of the motor cycle right of way.
- Accident involvement is significantly reduced by high visibility jackets.
- Fuel system leaks and spills occurred in 62% of accidents.
- The average crash speed is 20mph.
- More than 50% of riders involved in an accident have less than 5 months experience.
- Main cause of accidents is due to the failure of motorists to detect motor cycles.
- Rider error is responsible for two-thirds of the single vehicle accidents.
- Riders between the ages of 16 and 24 are over represented.
- Riders between the ages of 30 and 50 are under represented.
- Female riders are significantly over represented in accident data.
- Riders with dirt bike experience are significantly under represented in the data.
- Almost half of all fatal accidents have alcohol involvement.
- Large capacity bikes are under represented but associated with more severe injuries.
- Motor cycles with fairings are under represented in accidents due to being conspicuous.
Who Was At Fault?
In most accidents it is easy to determine who was to blame, such as in a rear end shunt at traffic lights however some incidents are complex and it may not be obvious who was at fault. If you have had a motorcycle accident, never make any admissions to other parties involved and contact us urgently to have the case reviewed. Our motor cycle accident lawyers are very experienced in investigating these cases and will obtain such further reports as they need to advise you on who was at fault.
Motorcycle Accident Lawyer
Our motorcycle accident lawyers offer expertise that is second to none. All of our lawyers deal exclusively in claims involving physical injury. Motor accident claims in particular can be complex, difficult legal issues and often involve liability disputes especially when both sides blame each other. If you would like to talk to an experienced advocate without obligation then just call the helpline or email our offices or complete and send the contact form and a lawyer who deals exclusively in accident claims will phone you with free advice and information on how best to preserve your legal rights to compensation for your injuries.