Toronto motorcycle accident lawyer says you can sue even if you were speeding
A Toronto motorcycle accident lawyer at Verkhovets Law says if you’re a Tom Cruise wannabe with a “need for speed,” don’t worry; you can file a personal injury lawsuit after a motorcycle accident even if you were going too fast. And, if you ride without a helmet, as Tom does in his movies, you can also sue the other party after a motorcycle accident.
In both instances, the outcome will be guided by the principle of contributory negligence, explains a Toronto motorcycle accident lawyer. That refers to how much a plaintiff’s actions cause or contribute to their loss or injuries, and the compensation amount will simply be reduced by that calculated fault percentage.
But while a Toronto motorcycle accident lawyer will agree it looks cool when Tom rides his Kawasaki Ninja H2 at harrowing speeds with the wind in his hair in Top Gun: Maverick, in real life, it’s strongly advised to keep to speed limits and wear a helmet – it’s the law. Remember, fines are $260 per helmetless operator and passenger, and speeding tickets can get expensive and also cost you demerit points as well.
Toronto motorcycle accident lawyer explains types of injuries can be severe
A Toronto motorcycle accident lawyer understands that, unlike a car crash, when a motorcycle accident happens, there is nothing between you and whatever you impact – from pavement to bent metal. Without the protection of steel around us, our bodies are vulnerable to a myriad of possible injuries in a motorcycle accident – they can range from road rash to severe disabilities.
In a collision of human flesh and automotive steel, human flesh typically loses out.
The types of motorcycle accident injuries can include:
- Back trauma
- Broken bones
- Dental fractures
- Pelvic fracture
- Renal contusions
- Rip fractures
- Road rash
- Soft tissue injuries
- Eye injuries
- Facial fracture
- Foot injuries that can be serious
- Internal organ damage
- Muscle damage that can be permanent
- Neck trauma
- Nerve damage
Learn more about our specialty, Motorcycle Accident Lawyers.
How much is a traumatic brain injury from a motorcycle accident worth?
A Toronto motorcycle accident lawyer knows that a bike crash can result in catastrophic injuries. These victims are typically entitled to more substantial damages awards and higher coverage than the Ontario Insurance Act’s standard no-fault Statutory Accident Benefits Schedule (SABS) benefits victims recover from their insurer.
A traumatic brain injury (TBI) from a motorcycle accident falls within the Ontario Financial Services Commission (FSCO) definition that recognizes people who sustain these injuries decline substantially in their ability to work and live as they did before the crash, so need more money long term.
Our Toronto motorcycle accident lawyer will explain that SABS benefits have limits and fall within three tiers. For a catastrophic TBI designated a catastrophic impairment, you will receive up to $1 million for medical, attendant care, and rehabilitation benefits over a lifetime.
However, it does not mean that your settlement will be under a million. You may be entitled to other benefits, including income replacement benefit, non-earner benefit, visitor expanses, if your loved ones live some distance away and there are costs associated with them visiting you, and other. This means that while the policy limit is $1,000,000, that amount is not an absolute cap on the benefits you may be entitled to.
A motorcycle accident lawyer in Toronto will also launch a civil lawsuit against the at-fault party, or the individual who owned the vehicle at-fault driver was operating, which depending on the facts, can be worth additional millions for a TBI. While there is a $390,000 cap on pain and suffering damages, there isn’t one for future cost of care, loss of income or loss of competitive advantage.
Learn more about our specialty, Toronto Brain Injury Lawyers.
Can I recover compensation from the party who caused my spinal cord injury in a motorcycle accident?
In a word: Yes. Toronto motorcycle accident lawyers understand the devastating consequences of a spinal cord injury from a motorcycle accident. While you will recover the basic compensation through no-fault insurance and possibly the enhanced catastrophic benefits (depending on severity), pursuing litigation against the negligent party is a well-travelled route for a spinal cord injury from a crash. Even if they are partially at fault, the negligent party can be sued for some damages.
To be successful, unlike collecting benefits from your own insurance company which is the so-called “no fault” system, in court the burden is on your Toronto motorcycle accident lawyer to prove your spinal cord injury was caused by the negligence of the other party.
Two things must be proven: negligence caused the accident and that it was the cause of your injury within a balance of probabilities.
Our Toronto motorcycle accident lawyer will launch a lawsuit for you in the Ontario Superior Court of Justice, where those who suffered spinal cord injury in a motorcycle accident caused by another person’s negligent action have been granted significant damages. The highest damages awarded for a spinal cord injury is $12.3 million. These awards are tax-free.
Special damages have no cap, and that’s where most get the largest part of the award for a spinal cord injury arising from a motorcycle accident.
Toronto motorcycle accident lawyers know the negligent party’s insurance company will defend a lawsuit. Often, their coverage only goes to $1 million, so you may have to sue your own insurer for the difference. However, be aware that no-fault SABS benefits will cover a portion and so that amount will be deduced from the damages you’re awarded.
Learn more about our specialty, Toronto Spinal Cord Injury Lawyers.
What damages are there for motorcycle accident injuries?
A Toronto motorcycle accident lawyer will explain that a number of damages can be sought after a motorcycle accident via a tort claim against a negligent driver to cover the financial gaps, which can be substantial. Damages are the compensation awarded to the victim in a negligence suit. Under the Limitations Act, the suit must be filed within two years.
Damages from a motorcycle accident are meant to assist the injured party return as much as possible to their prior state. They may be entitled to the following:
- Non-pecuniary damages – these are also called pain and suffering – are awarded for the loss of enjoyment of life the injuries caused.
- Punitive damages are rare, but can be awarded if insurer misconduct is shown, including if they breached their duty of good faith and fair dealing.
- Pecuniary, or financial losses, may be compensated including for future and lost income, medical and rehabilitation, housekeeping, and out-of-pocket expenses.
- Under the Family Law Act, family members may collect damages and/or wrongful death.
Call or Email us now, to start your motorcycle accident injury claim
A Toronto motorcycle accident lawyer knows the aftermath of a crash is overwhelming, and having our capable counsel guide you through the complex process removes some of the trauma and hardship while you focus on getting well.
Call (905) 910-1440 or email our Toronto motorcycle accident lawyers to learn your rights.