St. John’s Motorcycle Accident Lawyers

Statistically, motorcycles and mopeds account for only 3.2 % of registered vehicles across Canada; however, 13.4 % of total road accidents resulting in serious injuries or fatalities involved motorcycles or mopeds. Many of these accidents occur due to the negligence of other parties, and compensation may be available. If you or a loved one have been involved in a motorcycle accident in St. John’s, contact a skilled motorcycle accident lawyer at NOVA Injury Law who can help to determine if filing a motorcycle accident claim is the best course of action in your case, and whether you can recover monetary damages to help with things like medical bills, lost income, decreased physical capacity, pain and suffering, now and in the future. If the worst happened and a loved one was killed, you may be eligible for compensation for a wrongful death if someone else was liable for the accident.

After an accident, whether you or a loved one was the victim, the stress and emotional toll can be devastating. An experienced motorcycle accident lawyer can take on the legal burden of getting fair compensation while you take the time you need to recover and get your life back on track. Call NOVA Injury Law today at (902) 700-2798 for the legal help you need.

Common Causes and Risk Factors in Motorcycle Accidents

Left-turn accidents, when a vehicle turns left in front of an oncoming motorcycle, tend to be the most common cause of motorcycle crashes. Drivers can misjudge a motorcycle’s speed or distance at intersections or may not see them at all. Other causes of motorcycle accidents include:

Negligence and Distracted Driving

The sad truth is that drivers are becoming increasingly distracted and paying less attention to the road and other vehicles. This often involves texting or talking on the phone while driving. Some drivers have even been proven to have been watching videos behind the wheel. Still others are applying makeup, eating, adjusting the radio, or even trying to swat insects. The list of things drivers distract themselves with is seemingly endless. However, this does not make distracted driving acceptable.

Sharing the road with distracted drivers is especially hazardous for motorcyclists. Motorcycles, with their smaller size and less visual impact, are easy to miss in the best of circumstances, and if a driver is distracted, catastrophe can result. Collisions with cars, trucks, or other vehicles usually result in far more serious injuries to the motorcyclist than to the driver of the other vehicle. If the driver was distracted, they can be held liable.

Road Hazards

Some road hazards are not the result of another party’s negligence, but many are. Another party may be liable if your motorcycle accident was caused by improper road maintenance, missing signage, debris that fell off a truck due to being improperly secured, tools left in the road by construction crews, domestic animals running out onto the road that should have been restrained, water from lawn sprinklers spraying onto the road, grass clippings deposited onto the roadway…again, the list is endless. If your accident was caused by a road hazard created by another’s negligence, contact NOVA Injury Law for a free case evaluation.

Faulty Equipment

If your motorcycle crash was caused by a defective part or piece of equipment, you may be eligible for compensation from the manufacturer or the seller. Motorcycle parts that can commonly fail and lead to an accident with injuries include brakes, engine, fuel system, tires, and handlebars. Liability may fall to the manufacturer if the parts had an improper design or manufacturing error. The seller of a part may carry liability if proper instructions or warnings were not provided, or if false claims were made.

Types of Motorcycle Accident Injuries

Motorcycle accidents and fatalities are on the rise across Canada. The injuries suffered can range from road rash and minor contusions to catastrophic injuries like traumatic brain or spinal cord injuries, burns, broken bones, and even amputations. Such severe injuries can change the course of your life, making it impossible to work or to carry on your usual activities, due not only to the physical limitations caused by the accident, but also the emotional trauma these catastrophic injuries may cause.

Life-Altering and Catastrophic Injuries

Suffering a catastrophic injury like traumatic brain injury or spinal trauma can have far-reaching effects. In the short term, victims of these kinds of injuries may face excruciating pain, loss of mobility, inability to work or carry on customary activities, and the emotional shock of having their lives completely transformed in a split second. In the longer term, these victims may face years of expensive rehabilitation and ongoing medical care, which could include surgeries, physical therapy, pain management, and emotional counseling, among other necessary ongoing treatments.

Managing Pain, Therapy, and Emotional Impact

Prior to the motorcycle accident, you may have found it hard to imagine having to learn to walk again as an adult, not being able to feed yourself, or suffering constant, debilitating pain. After a motorcycle accident, this can be your new reality. Ongoing physical therapy, occupational therapy, and speech therapy may be needed to work through these catastrophic changes. On the emotional front, long-term treatment for Post-Traumatic Stress Disorder, depression, and/or anxiety may be necessary. These therapies come at a significant cost to the patient. Even transportation to and from appointments can be expensive, as they may only be available at specialty clinics or trauma centers far from your home.

Seeking compensation with the help of a knowledgeable and experienced motorcycle accident lawyer can result in monetary damages that help cover these costs.

Fault, Liability, and Proving Negligence

Success in gaining compensation for your injuries in a motorcycle accident hinges on proving the negligence of another party or parties caused or contributed to the accident. Often, an accident is caused by another driver’s negligence, whether it comes from breaking laws, for example, speeding or running a red light, or from distracted driving, such as texting or talking on the phone and not paying sufficient attention to the road and other travelers.

Nova Scotia follows a contributory negligence law, meaning that if two or more people or entities are found liable for injuries, the damages will be apportioned accordingly. If the victim is partially responsible, their compensation may be reduced by their percentage of the liability in the accident.

Proving negligence can be complex and involve detailed evidence gathering, which may include interviewing witnesses, studying police reports, and hiring outside authorities such as accident reconstruction experts and medical professionals. The other party’s insurance company is likely to fight against any liability claims with a team of lawyers dedicated to limiting insurance payouts. At NOVA Injury Law, we can handle this complicated process while you focus on recovery and healing.

Compensation Available to Motorcycle Accident Victims

If you have been injured in a motorcycle accident, the costs–physical, financial, and emotional–can be steep. Medical expenses, lost wages, fees for necessary adaptive equipment, and the cost of travel to distant medical treatments can put a real strain on your budget. While money cannot necessarily restore you to your previous condition and allow you to carry on with all of your accustomed activities, compensation can help lessen the impact of your motorcycle accident. If you believe another party’s negligence caused or contributed to your crash, you may be able to recover compensation with the help of an experienced motorcycle accident lawyer.

Types of Damages You Can Claim

The compensation you can claim in a personal injury case resulting from a motorcycle accident can include economic and non-economic damages.

Economic damages: These include reimbursement for financial costs that are easily calculated and documented, like medical bills, transportation to appointments, property damage, and lost wages.

Non-Economic damages: These include compensation for mental and emotional trauma, pain and suffering, the inability to continue relationships as before (loss of consortium), and other impacts to your happiness and well-being that were caused by the accident.

How Compensation is Calculated

While every case is different, several factors may influence the amount of compensation you can receive as the result of a motorcycle accident claim, whether in a pre-trial settlement or as a court order. They include:

The amount of your financial losses, immediate and future
The severity of your injuries
The need for ongoing care
Impacts on mental health
The impact on your daily life
The damage to your motorcycle
Your liability in the accident, if any
Limits on the liable party’s insurance coverage

Immediate Steps to Take After a Motorcycle Accident

After a motorcycle crash, the very first thing you should do is assess your injuries and get necessary medical help. Even if you feel that you are OK, it is essential to have a medical evaluation, as some injuries may not be immediately apparent. The adrenaline rush and shock that can come with an accident can mask pain, leading you to mistakenly believe that you have only minor injuries, when, in fact, severe injuries may have occurred.

Once you have been checked out by medical professionals, if you are able, collect any evidence you can at the scene. This can involve taking photos, getting names and contact information from the other driver and witnesses, and writing down anything the other driver says about the accident, especially if they admit fault.

Once you are safe and your injuries have been tended to, call an experienced motorcycle accident lawyer. We here at NOVA Injury Law can assess the accident for possible liability, gather evidence, get a copy of any police and accident reports, interview witnesses, and prepare your case seeking compensation. Time is of the essence, as evidence can disappear and witnesses’ memories can fade over time.

Call Our St. John’s Motorcycle Accident Lawyers Today

At NOVA Injury Law, our focus is on gaining justice for you so that you can focus on recovery. Our skilled St. John’s motorcycle accident lawyers will work tirelessly to gather the necessary evidence and present your claim. We have years of experience negotiating settlements with insurance companies or taking personal injury cases to court, if necessary. We are your advocates in times of pain and suffering.

Call NOVA Injury Law today for a free case evaluation.