Toronto Motorcycle Accident Lawyers
Riding a motorcycle through the busy streets of Toronto can be exciting. However, it also comes with serious risks. According to the Ontario Road Safety Annual Report, motorcycle riders account for a disproportionate number of severe injuries and fatalities on the road. In urban centres like Toronto, factors like heavy traffic, limited visibility, and distracted driving can place riders in vulnerable situations. When you’re injured in a motorcycle accident, you may be entitled to support and compensation.
At Goodman Elbassiouni LLP, we recognize the unique difficulties that injured motorcyclists may have to deal with after a collision. The physical and emotional toll of a serious motorcycle accident is often compounded by the financial burden of medical bills, rehabilitation costs, time away from work, and more. In addition, Ontario’s complex insurance laws–especially under the province’s no-fault system–can be overwhelming. Our Toronto motorcycle accident lawyers have extensive experience helping clients assert their rights, negotiate with insurance companies, and litigate claims to pursue meaningful compensation. To get started with your claim, schedule a free case assessment with our lawyers today.
Do I Need a Lawyer for a Motorcycle Accident?
Motorcycle accidents can cause serious injuries. Unlike car accidents, where drivers are offered significant protection by their vehicles, even a relatively minor collision on a motorcycle can cause fractures, head trauma, or other long-term injuries. Given these high stakes, it’s important that you have legal representation on your side.
By working with an experienced lawyer after your motorcycle accident, you can receive valuable assistance with:
- Complex Insurance Claims: Ontario operates under a no-fault system, meaning your own insurer will usually be responsible for providing you with Statutory Accident Benefits, regardless of who caused the crash. However, securing maximum benefits can be difficult if you don’t fully understand the claims process or your entitlements under the Statutory Accident Benefits Schedule (SABS), which is governed by the Insurance Act of Ontario.
- Proving Fault: If another driver’s negligence caused your accident, you may be eligible to file a separate tort claim against them for damages that aren’t covered by your no-fault benefits. To prove fault, you’ll need to gather evidence like police reports, witness statements, medical records, and more. Your lawyer will know the best way to compile evidence in a compelling way.
- Dealing With Insurers: A motorcycle accident lawyer can negotiate with insurance companies on your behalf, helping to ensure your losses are fairly compensated.
Working with a lawyer means having an advocate who will manage deadlines, file paperwork, and handle negotiations while you focus on your recovery. To begin working with a Toronto motorcycle accident lawyer for your claim, contact our legal team at Goodman Elbassiouni LLP today.
No-Fault Accident Benefits & Motorcycle Accidents
Under Ontario’s no-fault system, also known as the “Accident Benefits” system, any injured person in a motor vehicle collision can claim benefits through their own insurance policy following an accident. These benefits may include:
- Income Replacement Benefits: If you are unable to work due to your injuries.
- Medical and Rehabilitation Benefits: Covering treatment expenses such as physiotherapy, chiropractic care, and prescription medications.
- Attendant Care Benefits: If you need assistance with daily living activities.
- Non-Earner Benefits: For those who are unemployed or students at the time of the accident.
- And More
It’s important to note that motorcycles are typically considered higher-risk vehicles, which may affect your insurance premium and the process of filing a claim. If you’ve been injured in a motorcycle accident, you should contact a lawyer as soon as possible. This way, you can work together to notify your insurer as soon as possible to make sure you receive any available benefits on time.
How Much Compensation is Available After Motorcycle Accidents?
The value of your motorcycle accident claim will depend on various factors. Namely, it will be affected by whether you choose to solely claim Accident Benefits through your insurer, or you decide to pursue a tort claim against a negligent party.
The amount you receive can also be affected by:
- The Severity of Your Injuries: Generally, the more severe and long-lasting your injuries, the higher the potential settlement. However, it’s important to remember that every claim and amount of compensation will be different.
- Extent of Fault: While your no-fault benefits remain unaffected, if you were partially at fault, it may impact your tort claim against another driver.
- Income Loss: You may be entitled to income replacement benefits through your insurer. However, if a third party is responsible for the accident, you may seek additional compensation for lost earnings (past and future).
- Pain and Suffering: The law sets a “threshold” for serious and permanent injuries before you can pursue compensation for pain and suffering in court. Under Ontario law, to qualify, you must have suffered a “permanent impairment of a physical, mental, or emotional function that is important and serious” or a “permanent serious disfigurement”.
- Out-of-Pocket Expenses: Costs that are not covered by your insurance, such as assistive devices or certain treatments, may also be claimed and influence the amount of total compensation you are eligible to receive.
Ontario’s Insurance Act includes certain limits on damages, particularly for pain and suffering and health care costs. A lawyer can evaluate your case to ensure you receive fair and complete compensation under both your Accident Benefits and any applicable tort claims.
How Long Does a Motorcycle Accident Claim Take?
The timeline for motorcycle accident claims varies. Some claims can be settled in a matter of months if liability is clear and injuries are straightforward. Others can take years, especially if:
- The full extent of medical injuries is not yet known
- Multiple parties or insurers are involved in the litigation
- There is disagreement over fault or coverage
- And more
In Ontario, you generally have two years from the date of your accident to start most legal actions related to motor vehicle collisions. This is stipulated by the Limitations Act (2002). However, reporting deadlines for Accident Benefits are much shorter–often just a few days for notifying your insurer and a strict timeline for submitting medical and expense claims. Missing these deadlines can jeopardize your claim, so it’s crucial to speak with a lawyer as soon as possible.
Why Goodman Elbassiouni LLP?
Choosing the right legal representation can make all the difference in your motorcycle accident case. Here’s why clients across Toronto trust Goodman Elbassiouni LLP:
- Focused Experience: Our practice features personal injury law heavily, including motor vehicle and motorcycle accidents.
- Proven Results: We have a track record of helping our clients receive settlements and judgments that meet their goals. Although every claim is different and outcomes cannot be guaranteed, our lawyers will advocate tirelessly for you.
- Client-Centred Approach: We recognize that every client’s situation is unique. We offer personalized legal strategies designed to meet your specific needs.
- Strong Negotiation & Litigation Skills: Whether through settlement discussions or courtroom advocacy, our Toronto motorcycle accident lawyers are prepared to take your case to whatever level is necessary to achieve justice.
Have You Been Involved in a Motorcycle Accident? Talk to Our Toronto Motorcycle Accident Lawyers Today
If you or someone you love has been affected by a motorcycle accident in Toronto or Ontario, don’t hesitate to seek legal advice. At Goodman Elbassiouni LLP, our motorcycle accident lawyers are here to guide you through the legal process. We’ll make sure your rights are protected and help you secure the compensation you need to move forward.
Call our Toronto office today at 905-265-1005 or contact us online for a free, no-obligation consultation. Let us help you get back on the road to recovery following your motorcycle accident.