Motorcycle Accident Lawyer Hamilton

How common are Motorcycle Accidents in Hamilton?

In Hamilton City, motorcycle accidents are part of the broader motor vehicle collision statistics, as detailed in the city’s Annual Collision Report. The latest report, encompassing 2022 data, reveals a total of 8,087 motor vehicle collisions in Hamilton. Among these, 6,927 accidents resulted in property damage, 1,144 collisions caused mild to severe injuries, and 16 collisions proved fatal.

Notably, there was an 18.7% increase in overall collisions compared to 2021, yet a 1.5% decrease in injury-causing incidents. A significant proportion of these collisions, over half, occurred at intersections. The report further offers a perspective over the past five years, indicating that, on average, a collision transpired approximately every 65 minutes in Hamilton. These statistics underscore the importance of road safety measures and awareness, particularly for motorcyclists.

Types of Motorcycle Accidents and Their Causes

In Ontario, it’s mandatory to have a valid motorcycle insurance cover for the bike you ride on roadways. An own insurance policy provides benefits for the injuries you may sustain in a motorcycle accident, regardless of who was at fault. Some of these accident benefits include income replacement, medical expenses, death and funeral benefits, and more.

The amount of the benefits you are entitled to depends on the severity of your accident and other relevant factors. Therefore, if you or your loved one has been involved in a motorcycle accident in Hamilton, you may be entitled to accident benefits. Consult one of our experienced Hamilton motorcycle accident lawyers to avoid mistakes that could derail your motorcycle injury claim.

Here are the common crashes that our Hamilton motorcycle accident lawyers have seen over the decades.

1. Ripping around a Road Bend too fast

Motorcycle accidents also occur when motorcyclists try to take a turn at high speed. Riders tend to lean on their motorcycles when navigating a road bend or corner. If the motorcycle is turning too fast, it can lose traction and slide out from underneath the user. This type of crash is dangerous because it throws the rider off the bike.

To avoid motorcycle accidents associated with road bends, it’s recommended to follow traffic laws and slow down when approaching a sharp corner. Also, be sure to keep your body weight balanced to easily control your motorcycle.

2. Left Turn Motorcycle Accidents

These motorcycle accidents are common and often happen when motorcycle riders are cut off by a vehicle making a left turn. An accident can happen when a motorcycle rider is travelling straight through a road intersection while a vehicle making the left turn is coming from the opposite side and fails to yield to the motorcycle. That means the vehicle will cut off the motorcycle, causing a collision or forcing the motorcyclist to swerve into the oncoming traffic.

Left-turn collisions are often caused by vehicle drivers who don’t pay attention to motorcycle riders. Perhaps they fail to see the motorcyclist until it’s too late or misjudge the distance and bike’s speed. Therefore, it’s recommended to be careful when approaching road intersections and be ready to take safe evasive action whenever necessary.

3. A Motorcycle Crashing into an Open Car Door

A motorcycle accident can happen when you crash into an open car door. This happens when a vehicle is packed on the roadside, and the owner or passenger opens the door without checking the incoming vehicles or motorcycles. Motorcyclists are vulnerable to such accidents and can sustain severe injuries. This is because they can easily be thrown off the bike.

4. Lane Splitting

Also referred to as motorcycle lane splitting, lane splitting happens when you ride your bike between the lanes of slow or stopped traffic. A motorcycle has a narrow width. This allows it to navigate between lanes of slow traffic easily. However, lane splitting is illegal in Canada.

When you split lanes while riding a motorcycle, you are likely to collide with other road users. It also causes you to swerve into the oncoming traffic, exposing other riders and drivers to risk. Remember, vehicle drivers in stopped or slow traffic don’t expect a motorcycle to pass nearby. Furthermore, there’s little room for you to maneuver when you weave between vehicles.

If you have been injured while lane splitting, you’re likely to be at fault for the accident. This is because lane filtering is illegal in Hamilton and the entire Ontario province.

5. Distracted Driving

This refers to any activity that diverts a driver’s attention from driving, such as talking to other people, texting on the phone, fiddling with the vehicle’s stereo, eating, drinking, and more. Texting on the phone is one of the most dangerous distractions. Just think about it; it may take three to 5 seconds to read a text or send it.

At a speed of 80km/h or 90km/h, it’s like you drove the length of nearly a football field with your eyes closed. You can easily cause a head-on collision with a motorcycle or other vehicles.

6. Poor Speed Estimation

Vehicles and motorcycles share roads but may not always see eye-to-eye. Therefore, automobile drivers mustn’t pull out right in front of approaching motorcycles when turning onto driveways or roads unless they are certain they have enough time and space to accelerate to the right speed.

Unfortunately, some road users neglect this fact and mistakenly think they have properly estimated the speed of an approaching motorcycle. They may genuinely think there’s enough distance to justify pulling out in front of the bike when in reality, the motorcycle was travelling faster than the driver assumed. This can lead to a motorcycle accident.

Other causes of a motorcycle accident include:

• Collisions involving driver error, distracted driving, fatigue, or driving under the influence of alcohol or substances
• Collisions are caused by dangerous road conditions, poor visibility, or bad weather.
• Accidents caused by striking a fixed object, such as a concrete divider
• Collisions resulting from lane changes, particularly as a result of another driver not checking their blind spot properly
• Accidents resulting from excessive speed, aggressive driving, and reckless driving
• Head-on collisions, often involving a car and sometimes even a larger vehicle, such as a truck

Regardless of the cause, a motorcycle accident can cause life-threatening injuries. Even when you are wearing protective gear like a helmet, the sheer force of the impact can result in serious injuries. Therefore, you need to work with a qualified and experienced personal injury lawyer to pursue your personal injury claim successfully.

Some collision investigators say excessive speed and failing to yield right-of-way were leading contributing factors to motorcycle deaths in 2020, according to the article referenced above. Another article quotes police urging riders to wear highly visible clothes and equipment and use proper lane positioning to increase their chances of being seen.

Common Motorcycle Accident Injuries

The injuries that result from most motorcycle accidents can be quite severe. Head injuries, concussions, and traumatic brain injuries can result, as can back and spinal cord injuries. Riders also often suffer road burns and other skin injuries, broken bones, abrasions, and other serious injuries.

In the most severe cases, a rider can end up with paralysis (due to a spinal cord injury), internal injuries, loss of limbs or digits, severe brain damage, orthopedic injuries — or even wrongful death. Note that treatment for brain injuries, broken bones, and any other serious injury can be costly.

Therefore, motorcycle accident victims should work with an experienced lawyer to obtain maximum compensation. This allows you (the accident victim) to finance the treatment of the catastrophic injuries you may have suffered, pay for motorcycle repairs, and cover other damages you suffered.

Damages that you can recover after a Motorcycle Accident in Hamilton

Ontario’s personal injury law allows motorcycle accident victims to recover compensation that represents their financial expense (pecuniary damages) and the consequences of the motorcycle accident that can’t be easily quantified (non-pecuniary damages). Some of the damages motorcycle accident victims get include:

• Medical bills or expenses
• Lost wages
• Pain and suffering
• Reduced earning capacity
• Property damage
• Emotional distress
• Out-of-pocket expenses related to the motorcycle accident
• Loss of expectations of life

Unfortunately, your insurer won’t just hand over money to you after the motorcycle crash. That’s why it’s recommended to work with an experienced motorcycle accident lawyer to file an injury claim and recover the accident benefits you are entitled to under your insurance coverage.

Seek Legal Counsel after being in a Motorcycle Accident

If you have been injured in a motorcycle crash or car accident in Hamilton and the entire Southern Ontario, you should seek legal representation as soon as possible. Motorcycle crashes and other motor vehicle accidents can cause serious injuries, and you should ensure your rights are protected.

An experienced Hamilton motorcycle accident lawyer can help you pursue compensation treatment costs for injuries sustained, lost income, and more. Here’s how experienced personal injury lawyers can help.

Build a Strong Personal Injury Case

After an accident, you will want to make sure you have an experienced motorcycle accident lawyer on your side to help you build your claim against the responsible parties. The lawyer can help you establish liability against the parties who are at fault. This can be a complex task because there are multiple factors involved, particularly if several parties were negligent. Even when you are partially at fault for the accident, our Hamilton personal injury lawyers can help you obtain compensation.

Prove Negligence

In a motorcycle accident case, you will generally need to prove a negligence claim, showing that the at-fault driver breached a duty of reasonable care to you on the road. This can be a complex process, not only because liability is usually not clear-cut, but also because generally there are multiple parties involved, including insurance companies.

When motorcycle accidents occur, nearly everything can be overwhelming for the parties involved. While the details of the crash may become fuzzy and unclear, it’s important to gather evidence to support your compensation claim, and motorcycle accident lawyers can help. Even if you suffered catastrophic injuries, your lawyer can focus on gathering evidence that will help in obtaining compensation while you are in hospital.

Negotiating Financial Compensation

Negotiating personal injury claims with an insurance company can be difficult without the help of a lawyer. This is because an insurance company typically has significant legal and financial resources at its disposal.

Some insurers try to make a settlement offer to motorcycle accident victims in an attempt to pay out the lowest amount possible and end their personal injury claims quickly. Whether you are pursuing no-fault benefits or filing a claim against the at-fault driver, you deserve compensation that’s considered fair according to the law. A qualified lawyer can ensure you get the accident benefits you deserve.

Calculate and Prove Damages

An experienced Ontario motorcycle lawyer can help you ascertain and prove your damages. The severity of injuries in motorcycle crashes can make for significant damages. For instance, there may be serious damage to your motorcycle or even a total loss.

More importantly, you may experience hefty bills as a result of medical treatments, hospital stays, doctor’s visits, and prescription costs. You may also have a loss of income or wages as a result of being out of work after your accident. A knowledgeable motorcycle lawyer can help accident victims ascertain the total value of their damages and fight for a fair and reasonable settlement so that they are reimbursed for those damages.

Take your Claim to Court

If a fair settlement can’t be reached, you may need to take your claim to court. Remember, motorcycles can cause serious accidents that result in costly damages. Your lawyer can help assess whether any settlement offer from the insurance companies is fair or not. When necessary, your lawyer can take your case to court.

The lawyer will also argue your case in court in front of a jury or judge. Whether the accident was caused by reckless driving or you are at fault, lawyers have the experience and competence to build a strong case and fight for your rights to compensation. Therefore, if you or a family member were involved in a motorcycle accident, schedule a free initial consultation either online or at our law offices.

Choosing a Hamilton Motorcycle Accident Lawyer

You will find a lot of options in Hamilton for motorcycle accident lawyers. There are ads everywhere; your friends will recommend lawyers they know, and you may feel overwhelmed by the sheer number of options.

Hire a Lawyer with Motorcycle Accident Claim Experience

When hiring a motorcycle accident lawyer in Hamilton, you should look for someone who is well-versed in personal injury law, with experience negotiating and handling motorcycle accident cases. You will want to hire a lawyer who is a skilled negotiator and will represent your interests against large insurance companies, whose goal, of course, will be to minimize any settlement amounts.

Look for an Ontario motorcycle accident lawyer who understands the process and procedures involved in your case, particularly if settlement negotiations stall and you need to go to court to obtain a jury verdict. Moreover, look for a lawyer who makes you feel comfortable with the process, communicates with you periodically, and answers your pressing questions.

The lawyers at our law firm have first-hand experience in handling motorcycle accident claims. Therefore, you can rely on their expertise, dedication, and commitment to protect your rights and interests. Schedule a free consultation if you need reliable legal counsel.

What’s The Process Once You’ve Retained An Experienced Motorcycle Accident Lawyer to Represent You? 

Step 1: Review your Case Details

Once you’ve retained your lawyer, you will typically meet to go over the details of your case. It is important to establish the facts of your claim from the get-go, as well as to collect and assemble any evidence that can help advance your claim. Your lawyer will likely request from you or others important documentation of the accident, such as any photographs from the scene, police reports, and witness statements.

Step 2: Gather Relevant Information (Evidence)

They will also continue to investigate the facts and interview witnesses. Your lawyer will also work with you to document and prove the extent of your injuries, obtaining medical paperwork, bills, and invoices. They will perform legal research and put together a case based on both the law and its application to your unique facts.

Step 3: Build and File a Claim

A personal injury case begins when your lawyer officially files an action in the appropriate court, setting out the basis of your claim and your damages. Your lawyer will work with you to obtain information from the other party during this process, as well as respond to the other side’s requests for information from you.

Step 4: Obtain Financial Compensation

The parties will attempt to negotiate a settlement, during which your lawyer will communicate with the other party and their insurance company frequently. If those negotiations do not produce a fair and reasonable settlement, then your lawyer will represent you in court, working on your behalf for a verdict.

How Can Derek Wilson Help?

Being in a motorcycle accident can seriously derail your life, but a knowledgeable and experienced lawyer can help you seek the compensation you need to recover from your injuries. For a free consultation with Hamilton motorcycle accident lawyer Derek Wilson, call us at 855-769-0418 or fill out a request form.

We are dedicated to helping you and your family recover fair compensation and will always have your best interests in mind. We will respond promptly so you and your family can receive the help you need.

If you’ve been hurt in an accident, call now for a free consultation.