Toronto Motorcycle Accident Lawyers
Our Toronto motorcycle accident lawyers understand the exhilaration of being on a motorcycle with the wind on your face and that sense of freedom. But it comes with extreme risk – riders cannot control the actions of a negligent motorist.
A report published in the Toronto Sun reveals that motorcycles are more dangerous than ever – accidents makeup 10 per cent of deaths in Ontario, but represent only two per cent of traffic. Further, motorcycle accidents cost the health care system six times that of those involving cars, and five times the deaths.
email the Toronto motorcycle lawyers at Verkhovets
Law today. We’ll secure the compensation you need.
Why hire our Toronto motorcycle accident
lawyers for your case?
Why hire our Toronto motorcycle accident lawyers for your case?
Verkhovets Law, Toronto motorcycle accident lawyers, note that while all drivers in Ontario must have Statutory Accident Benefits Schedule (the SABS), after a motorcycle accident, because insurers often deny payment, it isn’t as easy as it should be for an injured rider to collect. We have experience handling the various tricks that get played by insurers in their bid to withhold compensating those who deserve it – from allegations the injuries aren’t that severe, to getting tripped up in the deliberately ambiguous fine print.
The Toronto motorcycle accident lawyers at Verkhovets Law have a deep understanding of how the system works. We know that in addition to accident benefits, it’s also possible to launch a civil action against the negligent party who caused your motorcycle accident to recoup additional compensation for the damages suffered, now and in the future. Even if you are found partially liable for your injuries by not wearing a helmet, your compensation would be adjusted, depending on the degree of blame you and the motorist are assigned.
Our Toronto motorcycle accident lawyers note that the SABS is a regulation under the Insurance Act and mandates the benefits are provided without factoring in fault – the injured rider is compensated through their insurance.
But there are tight timelines: you must notify the insurer within seven days of the accident and return the claim forms within 30 days.
You must also submit an OCF-3 Disability Certificate filled out by a doctor within ten days of your application, followed by a treatment plan to receive medical and rehabilitation benefits. Verkhovets Law, Toronto motorcycle accident lawyers, warn that missing the deadlines could bar you from collecting.
The Toronto motorcycle accident lawyers at Verkhovets Law advise there are situations when negligence may not just be with the motorist who caused the accident. If there is a defect in your equipment, including the helmet, we would hold the manufacturer responsible with a product liability lawsuit under tort law as the manufacturer owes a duty of care to ensure third-party safety.
Our Toronto motorcycle accident lawyers further advise that we would launch a wrongful death lawsuit against the negligent party that caused the tragedy if the motorcycle accident is a fatality. In addition, a tort claim by family under the Family Law Act (the FLA) may be available for expenses not covered under SABS, future income loss, and non-pecuniary damages.
Toronto motorcycle accident lawyers
explain the range of injuries
Toronto motorcycle accident lawyers explain the range of injuries
The Toronto motorcycle accident lawyers at Verkhovets Law note that because bikers are entirely exposed, it’s inevitable that an accident can cause catastrophic injuries or death. Approximately one out of every five motorcyclist suffers a head or neck injury in a crash. Incredibly, 80 per cent of accidents result in injuries, or fatalities, which are most often caused by head injuries.
Verkhovets Law, Toronto motorcycle accident lawyers, know motorcycle riders usually sustain more serious injuries than motorists because bikes don’t have the same safety features – your vulnerable body has nowhere to go but hit the ground directly. A Canadian Medical Association Journal (CMAJ) study shows severe injuries are 10 times more likely.
Our Toronto motorcycle accident lawyers reveal that in Canada one of the top reasons for catastrophic injuries are motorcycle accidents. According to the Financial Services Commission of Ontario (FSCO), impairments that define a catastrophic injury include:
- Paraplegia or tetraplegia
- Severe impairment of ambulatory ability or use of an arm, or amputation of a specific kind
- Loss of vision
- Traumatic brain injury
- Physical impairment that results in 55 % or more physical impairment of the whole person
- Mental or behavioural impairment that, when combined with the physical impairment, results in 55% or more impairment of the whole person
- An impairment that results into marked impairment of 3 or more areas of function that precludes useful functioning or extreme impairment in one or more areas of function that precludes useful functioning, due to mental or behavioural disorder
from these accidents including:
- Back trauma
- Broken bones in limbs
- Concussion Cuts/lacerations
- Dental fractures
- Pelvic fracture
- Renal contusions
- Rip fractures
- Road rash
- Soft tissue injuries
- Eye injuries
- Facial fracture
- Foot injuries that can be severe
- Internal organ damage
- Muscle damage that can be permanent
- Neck trauma
- Nerve damage
- Spinal cord injuries
- Traumatic brain injury (TBI)
Legal terms explained by our Toronto
motorcycle accident lawyers
Legal terms explained by our Toronto motorcycle accident lawyers
At fault – Verkhovets Law, Toronto motorcycle accident lawyers, explain that you can be found completely or partially at fault for a motorcycle accident – but it doesn’t affect collecting your accident benefits. In law, fault means the individual who is responsible for causing the accident and may be labile for damages arising from the injuries sustained in the accident. Sometimes more than one person is at fault, including the injured party, so compensation is adjusted to their percent of liability.
Tort Claim – Our Toronto motorcycle accident lawyers note that a civil statement of claim is the document filed with the court that outlines your allegations against the other party. An insurance claim is when an insured person – claimant – advises an insurer of an alleged loss, whether it ultimately ends with compensation paid, or not.
Statutory deductible – The Toronto motorcycle accident lawyers at Verkhovets Law know that the insurance company for the at-fault party keeps the first $39,754.31 of an accident victim’s pain and suffering compensation as of 2021. Each year the statutory deductible changes per inflation. A monetary threshold of $132,513.28 – also tied to inflation annually – isn’t subject to the deductible.
The amounts are fixed to the date the judgment is entered, and not the year the accident occurred. Juries are deliberately not told of the deductible’s existence when determining awards amounts. Therefore, it is very important to advance your tort claim as soon as possible.
Toronto motorcycle accident lawyers
explain what causes injuries
Toronto motorcycle accident lawyers explain what causes injuries
Verkhovets Law, Toronto motorcycle accident lawyers, say that contrary to what some think, it is the law in Ontario, and all other provinces, for you and your passenger to wear a helmet – your most important piece of equipment. Defying the law and ending up in an accident without a helmet can cause serious, if not fatal, head injuries.
A legal helmet has:
- Chin strap
- No damage
- Protective padding
- Smooth, hard outer shell
The Toronto motorcycle lawyers at Verkhovets Law have seen common injuries from these accidents including:
- Dangerous lane change by motorist
- Distracted driving
- Drunk driving
- Drowsy driving by rider or motorist
- Failure to check blind spot
- Not keeping riding skills up to date
- Reckless/aggressive driving
- Speeding Motorist collides with back of bike
- Poorly maintained/engineered roadways
- No ABS system
- Rider not visible (no headlight or taillight/dark gear)
And our Toronto motorcycle accident
lawyers will help you with these types
of personal injuries:
And our Toronto motorcycle accident lawyers will help you with these types of personal injuries:
Soft tissue injuries
for immediate help to get back on track.
Our Toronto motorcycle accident lawyers
know what steps to take
Our Toronto motorcycle accident lawyers know what steps to take
Verkhovets Law, Toronto motorcycle accident lawyers, understand that with more than 200,000 registered motorcycles in Ontario, there is an increasing need for people to understand their rights if they are injured in an accident.
The first thing our Toronto motorcycle accident lawyers recommend is to seek medical attention, even if the injury appears to be minor, and receive a complete assessment. Also, if you are able, file a motor vehicle collision report. Both actions provide evidence supporting a compensation claim.
The Toronto motorcycle accident lawyers at Verkhovets Law say in addition to an insurance claim with the accident benefits insurer, we would file a personal injury lawsuit in the Ontario Superior Court of Justice on your behalf against the negligent party for recovery of damages. There are three types of damages that could be awarded: economic (special or pecuniary damages), non-economic (general damages, such as pain and suffering) and punitive.
- Household services
- Childcare costs
- Mental health treatment
- Occupational therapy costs
- Professional retaining
- Travel costs to medical appointments
- Loss of business opportunity
- Loss of competitive advantage
Our Toronto motorcycle lawyers are skilled at calculating non-economic (non-pecuniary) damages which are usually difficult to put a value on. They naturally affect the injured person’s lifestyle and enjoyment of life. This includes pain and suffering, loss of enjoyment of life, loss of consortium and emotional distress.
Punitive damages are rarely awarded; they are intended to punish the negligent party, but what they did has to be reckless and egregious. The Toronto motorcycle accident lawyers at Verkhovets Law say if a biker is hit by a drunk driver, that would likely be an instance where this damage may be awarded.
Verkhovets Law, Toronto motorcycle
accident lawyers, are on your side
Verkhovets Law, Toronto motorcycle accident lawyers, are on your side
We’re here to help. Contact the Toronto motorcycle accident lawyers at Verkhovets law for effective results in obtaining the compensation you deserve as quickly as possible.