Motorcycle Accident Lawyer – Hamilton

A crash between a motorcycle and an automobile often results in serious injuries to the rider. Motorcycle injuries can be as minor as some bumps, bruises and road rash, but they can also lead to severe injuries, like broken bones, traumatic brain injury, and even death.

But no matter the result, motorcycle accident cases can have a devastating impact on the lives of all those involved, even when it is not the motorcyclist’s fault. In fact, a significant number of motorcycle accidents, both in Hamilton and throughout Ontario, are not caused by the behaviour of the motorcyclists themselves. In many cases, the behaviour of the other driver(s) is the root cause of the accident.

If you have been involved in a motorcycle accident, you could be entitled to compensation. In Ontario, motorcycle crashes are governed by the same laws as automobile accidents, meaning that the person responsible for the accident should provide compensation for things like motorcycle repairs and personal injury.

Have you been injured in a motorcycle accident? Contact us for a free consultation.

Every person injured in a motorcycle accident has the right to sue and claim damages for pain and suffering, past and future income loss, expenses incurred, and cost of care. DWA Law represents Hamilton motorcycle accident victims who have been injured as a result of someone else’s behaviour.

For motorcycle accident victims, choosing the right motorcycle injury lawyers is vitally important to your case. The laws surrounding incidents, like a motorcycle crash, are complex, and can be difficult to navigate. A DWA motorcycle accident lawyer will explain your rights and fight hard on your behalf no matter how simple or complex your case turns out to be.

If you are recovering from a traumatic, stressful event or a serious injury, our motorcycle accident lawyers will defend your interest until you get a fair resolution. Although most accident cases are settled prior to going to court, the motorcycle injury lawyers from DWA Law have ample trial experience. This means that even if your case must be resolved in court, our team has the experience to skillfully defend your interests throughout the entire process.

If you or a loved one have suffered injuries in a motorcycle crash in Hamilton, contact us for a free consultation.

Every year, many motorcyclists are seriously injured in accidents, but many of them never reach out to a lawyer for representation. Whether because of apprehension about the situation or because they believe their case has little merit, far too many accident victims do not receive the compensation to which they are entitled and struggle to cope with the situation on their own.

The motorcycle accident lawyers from DWA Law help accident victims by tending to stressful and time-consuming tasks related to their case, such as:

• Collecting evidence
• Reviewing insurance claims
• Negotiating with insurance companies or the other motorist’s lawyers
• Defending your rights throughout the legal process
• Representing you in court, if the case goes to trial

Following a motorcycle accident, your choice of motorcycle accident lawyer has a huge influence on the outcome of your case. Having a qualified and experienced lawyer argue on your behalf can make the difference between receiving fair compensation for personal injury and property damage or receiving nothing at all.

If you have recently been injured in a motorcycle accident, you should contact one of our lawyers as soon as possible, after reporting the accident to the police and seeing a doctor.

Accidents involving injuries must be reported in order to establish the first piece of evidence in your compensation claim. Immediately seeking medical attention is also vitally important, as motorcycle injuries can easily lead to complications and more serious health problems down the line. At the same time, your medical assessment will contribute to your case.

Unfortunately, many people are not fully aware of their rights in situations involving motorcycle accidents, which can lead to mistakes early in the process that can threaten your chance to receive the compensation you deserve. For example, waiting too long and allowing your case to fall outside the statute of limitations could bar you from ever filing a claim.

Insurance Claims

In Ontario, anyone can make a claim for accident benefits through their own insurance policy, using Ontario’s no-fault insurance. However, experience is key in finding your way through the red tape of Ontario’s no-fault insurance regulations and tort system.

The accident benefits to which you may be entitled include compensation for lost income, medical and rehabilitation costs, death and funeral expenses, and others. Accidents must be reported to your insurer within seven days or as soon as possible, or your insurance company may reject your claim. Also, It is well known that many insurance companies try to withhold payouts by arguing that the injuries suffered are less severe than claimed by the driver or by trying to underestimate the cost of expenses.

At DWA Law, we have an in-depth understanding of all of the changes the Government of Ontario has made to auto insurance law since 1990. This enables us to bring forward precise, comprehensive legal claims to restore and prevent any potentially substantial financial loss to you and your family.

The best way to make sure your insurance company pays your claim in full is by hiring an experienced lawyer from DWA Law. Our team understands the tactics used by insurance companies to deny, withhold or shortchange claims, and we will see to it that you receive your benefits in full.

When You Are Entitled to Sue for Damages

In a motorcycle accident case, the accident victim is entitled to sue for damages if the accident was caused by another driver’s negligent behaviour. In cases where serious injuries and major property damage are involved, this approach is certainly in the interest of accident victims, as your entitlement to compensation for damages varies according to the severity of your injuries and the impacts they have on your life.

A qualified and experienced motorcycle accident lawyer from DWA Law will make sure you get the compensation you deserve.

Motorcycle accident victims may be entitled to compensation for the following damages:

• Pain and suffering (non-pecuniary damages) – This compensation is awarded to an injured person for the loss of enjoyment of life due to the effect of their injuries.
• Financial losses (pecuniary damages) –  Injured persons are entitled to receive compensation for financial costs that resulted from their injury, including:
  • Lost income (both past and future)
  • Medical bills and rehabilitation expenses
  • Housekeeping expenses
  • Loss of competitive advantage in the marketplace
• Punitive damages – These damages apply to cases of insurer misconduct.

At DWA Law, our lawyers will review case law precedents involving similar accidents and circumstances to help you get as much compensation as you are entitled to.

Safety Risks for Motorcyclists

Despite helmets and protective clothing, there are inherent safety risks to riding a motorcycle.

Because riders are exposed and without the protective equipment found in cars, they are at far greater risk of injury than car drivers in the event of an accident. Also, motorcycles are smaller and therefore can be harder to  spot in some cases, which is why car drivers often fail to see them when changing lanes or in heavy traffic.

Because of the public perception of motorcycles, motorcyclists often receive unfair blame, even in cases where the other driver is clearly at fault. But with the help of an experienced motorcycle injury lawyer from DWA Law, you can rest assured that your rights will be defended.

Common Causes of Motorcycle Accidents

In Ontario, motorcyclists have unjustly received a reputation for bad driving and reckless behaviour. The truth is that the vast majority of motorcycle riders are responsible users of the road, and that most motorcycle accidents are not the fault of the motorcycle rider. Motorcycle accidents are most often caused by a negligent car driver.

The most common causes of motorcycle accidents in Hamilton include:

Impaired Driving

Driving while under the influence of alcohol or other drugs impairs decision making and reaction times, which leads to many preventable accidents.

Speeding

Excessive speed not only causes accidents but also makes their consequences far more serious for motorcyclists. In cases where motorcyclists suffer catastrophic injuries, or even death, excessive speed is often a contributing factor.

Negligence & Driver Error

When operating a motor vehicle, any action that is reckless or careless and endangers others could be considered negligent behaviour. For example, failing to stop at a stop sign, unsafe driving habits for the weather conditions, or ignoring other traffic laws, are negligent actions that lead to accidents.

When serious accidents and injuries are caused by driver errors, drivers need to be held accountable for their mistakes. When drivers fail to adhere to the rules of the road, the consequences can be severe for motorcycle riders.

Road Rage & Reckless Driving

All motorists have a moral and legal obligation to act responsibly while on the road. Unfortunately, anger behind the wheel is an increasingly common problem. So-called “road rage” leads to poor decision making and reckless driving behaviour, which can easily result in an accident.