Alberta Motorcycle Accident Lawyers
If you have been injured in a motorcycle accident, let our lawyers focus on your case so you can focus on your recovery. Our experienced motorcycle accident lawyers can handle the entire legal process from start to finish.
Our lawyers work on contingency, which means there’s no fee unless you win.
Our Accident Attorneys fight for your rights after a motorcycle accident
Our award winning personal injury lawyers have over 20 years experience and will deal with the insurance company from day one, letting them know that you mean to seek proper compensation for your injuries as well as other compensations you may be entitled to.
We Eliminate Risk for Edmonton Accident Victims
When you work with Assiff Law Office lawyers, you can rest assured, there will be no up-front costs for our services.
We operate on a contingency fee basis, which means you won’t have to pay us a cent unless we win.
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Edmonton Alberta Motorcycle Accidents & Info
Every personal injury case is unique and requires the expertise of a skilled injury lawyer. While we handle the legal aspects, it can be helpful for you to understand the potential challenges and opportunities that may arise, as well as the details that can impact the outcome of your case. Having this knowledge can help you make informed decisions about your case.
Common Causes of Motorcycle Accidents
As a motorcycle rider, you understand the freedom and excitement that comes with riding on the open road. However, you also know that motorcycle accidents can happen in the blink of an eye, and the consequences can be devastating.
If you or a loved one have been injured as a result of one of the following motorcycle accidents, please do not hesitate to contact us
If another driver is not paying attention to the road and collides with a motorcycle, it can result in a serious accident.
If another driver is under the influence of drugs or alcohol and causes an accident involving a motorcycle, it can have catastrophic consequences.
If another driver fails to yield the right of way to a motorcycle, it can lead to an accident.
If a car ahead of a motorcycle suddenly stops, the rider may not have enough time to react and avoid a collision.
Accidents can occur when another driver makes an improper lane change without checking for motorcycles.
Common Alberta Motorcycle Accident Injuries
Despite taking plenty of safety precautions, as a rider you are more exposed to the elements. Generally, motorcycle accidents result in more serious injuries such as:
- Head and Brain Injuries
- Neck and Back Injuries
- Burn Injuries
- Soft Tissue Injuries
- Broken Bones
- Spinal Cord Injuries
- Road Rash
- Whiplash
- Death
Compensation for Damages & Losses in Motorcycle Accident Cases
You have the right to pursue compensation when you have been injured, and someone else is at fault. However, your final settlement needs to consider how your accident affected you, including material and non-material damages.
Material Damages
- Medical Expenses
- Lost Wages
- Diminished Earning Capacity
- Childcare Expenses
- Household Maintenance Fees
Non-Material Damages
- Loss of consortium
- Diminished quality of life
- Physical pain and suffering
- Mental anguish
- Reputation Damage
- Disfigurement and Scarring
Negligence, Fault & Liability
Most motorcycle accidents we see are caused by the negligence of a driver or another party. Failing to yield, improper merging or failure to generally share the road can lead to severe injury and even death for a rider.
Even though it may seem obvious who’s at fault, for your claim to be successful, you will need to prove that someone failed to act or acted unreasonably and caused you harm.
Proving Liability and Fault in Alberta Motorcycle Accidents
In Alberta, liability in a motorcycle accident is determined based on negligence. To prove that the other party was liable for the accident and your injuries, you must demonstrate that the other party failed to act with reasonable care and that this failure caused the accident and your injuries.
To prove negligence in a motorcycle accident case, you will need to present evidence that shows the following:
The other party owed you a duty of care
All drivers owe a duty of care to others on the road, including motorcyclists.
The other party breached their duty of care
This means that they failed to act with reasonable care, such as by texting while driving or failing to yield the right of way.
The breach of duty caused the accident
You must prove that the other party’s actions (or inaction) directly caused the accident.
You sustained injuries as a result of the accident
You will need to show that you sustained injuries due to the accident and that these injuries directly result from the other party’s negligence.
Motorcycle Accident Evidence and Documentation
In order to maximize your chance at success, you should gather enough evidence to substantiate your claims. Some of the most important evidence and documentation that can help your case include:
Police report
A police report can provide valuable information about the circumstances of the accident, including the details of what happened and who was involved.
Photographs
Photos of the accident scene, the damage to the vehicles involved, and any injuries sustained can be helpful in demonstrating the extent of the damages and injuries.
Witness statements
Witness statements from people who saw the accident can provide valuable insight into what happened and who may have been at fault.
Medical records
Medical records can help document the extent of the injuries sustained in the accident and the treatment that was required.
Receipts and other documentation
Receipts and other documentation of expenses related to the accident, such as medical bills and lost wages, can help establish the damages incurred.
It is essential to gather and preserve as much evidence as possible after a motorcycle accident to strengthen your case. An experienced motorcycle accident lawyer can help you identify the relevant evidence and ensure that it is properly collected and preserved.
We can help you gather and present the necessary evidence to prove that the other party was negligent and establish liability in your motorcycle accident case.
Time Limits, Insurance Company Defenses
Motorcycle accident claims can be complex. Insurance companies will try to minimize your damages, involve you as being at fault in order to limit your compensation.
Alberta Motorcycle Accident Statute of Limitations
f you were injured in a motorcycle accident, you have two years from the date of the accident to file a claim seeking compensation for your injuries.
It is important to be aware of the statute of limitations, as failing to file a claim within the designated time period may result in losing your right to seek compensation. Our experienced motorcycle accident lawyers can help you understand the applicable statute of limitations and ensure that your claim is filed within the appropriate timeframe.
Disputed Liability in a Car Accident
Insurance companies will use a variety of defenses in an attempt to reduce or deny your claim. The most commonly defenses insurance companies will use against you in a motorcycle accident claim in Alberta include:
Contribution to the accident
The insurance company may try to argue that you were partially responsible for the accident, which could reduce the amount of compensation you are entitled to.
Failure to follow traffic laws
The insurance company may try to argue that you were breaking traffic laws at the time of the accident, which could reduce your ability to recover damages.
Pre-existing injuries
The insurance company may try to argue that your injuries were not caused by the accident, but rather by a pre-existing condition.
Failure to seek medical treatment
The insurance company may try to argue that you did not seek medical treatment in a timely manner, which could reduce the value of your claim.
Lack of evidence
The insurance company may try to argue that you do not have sufficient evidence to support your claim, such as witness statements or medical records.
We make sure to prepare for these and more defenses that insurance companies may counter with.
Alberta Motorcycle Accident FAQ
What should I do if I've been in a motorcycle accident?
If you have been in a motorcycle accident, it is important to seek medical attention immediately, even if you do not feel injured. Call the police and report the accident. Take photos of the scene, including the damage to your motorcycle and the other vehicle(s) involved. Get the contact and insurance information from the other driver(s) and any witnesses. Contact your insurance company to report the accident. Then contact a personal injury lawyer to obtain a free consultation. It is important not to accept any settlements immediately if offered by the insurance company.
What are my rights as a motorcycle accident victim in Alberta?
As a motorcycle accident victim in Alberta, you have the right to file a personal injury claim to seek compensation for your medical expenses, lost wages, and other damages. You also have the right to seek compensation for pain and suffering.
How long do I have to file a claim for a motorcycle accident in Alberta?
In Alberta, the statute of limitations for personal injury claims is two years from the date of the accident. This means you have two years from the date of the accident to file a claim.
What compensation can I receive for a motorcycle accident in Alberta?
In Alberta, you can receive compensation for your medical expenses, lost wages, and other damages, such as pain and suffering. In addition, depending on the severity of your injuries, you may also be able to receive compensation for future medical expenses and lost earning capacity.
What are the laws regarding helmets and other safety gear for motorcyclists in Alberta?
In Alberta, all motorcyclists must wear a helmet that meets the standards of the Canadian Standards Association or the Snell Memorial Foundation. It is also mandatory for all motorcycle passengers to wear a helmet. Eye protection is also compulsory for motorcyclists. There is no legal requirement for other safety gear, such as protective clothing, but it is strongly recommended.
Personal Injury Process
What Should I expect?
When you call Assiff Law injury lawyers, we immediately work on recovering compensation for your injuries.
Consult with an Edmonton Injury Lawyer
The first step is to speak with an experienced personal injury lawyer near you.
Our lawyers will review the details of your situation and your understanding of events — your side of the story — so we can determine whether there is any basis for a lawsuit. Then, once you’re ready to move forward, we’ll help you develop a strategy for pursuing compensation.
If we take your case, the process may look something like this:
Gather Evidence
A thorough investigation is the foundation of every case we take on. We use police reports, medical reports, and eyewitnesses’ statements to get to the bottom of things.
Send a Demand Letter
We’ll write a demand letter to the individual responsible for the accident, and their insurance company. We consider the entire financial impact of the situation, including provisions for future medical bills, lost wages, and other related costs.
File a personal injury lawsuit
When an insurance company refuses to offer an acceptable settlement, we gain leverage by filing a lawsuit on your behalf. In addition, filing a lawsuit will provide us access to additional information from the defendants that we otherwise wouldn’t have access to.
Discovery
After filing the suit, we can ask defendants for information that they might have been hesitant to provide. We can use these requests for admissions, interrogatories, and requests for production of documents to learn what evidence they have to support their claims.
Mediation
Once both parties have looked at the facts of the situation, we can schedule a mediation to help resolve the dispute. This gives us the chance to present our side of the story to the defendant’s attorney, and negotiate a fair resolution.
Settlement
If we’re able to reach an agreement prior to the start of the lawsuit, then we’ve reached a settlement. A settlement should take into account all past and future medical bills, lost wages, pain and suffering, etc., and will be paid out in one lump sum in return for you dropping the case.
Personal Injury Trial
If we are unable to settle for a fair amount, we go to trial. During the trial we present your case, employing the evidence we uncovered during discovery and present any expert testimony.
Appeal
What if the jury finds against you? If some sort of legal mistake was made by the defense team or the judge, we might choose to appeal. We would likely have to provide additional evidence and legal arguments in support of our position. If we were successful, the judge could overturn the previous ruling, or require another round of trials.
When you're hurting, We care.
We care. We understand, with our years of experience, what victims of accidents go through—from the obvious physical injuries to the impact they have on your day-to-day life, your job, your family and your overall well-being.
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Awards & accolades.
The acknowledgement of our Edmonton personal injury lawyers have earned us multiple awards for the work we’ve done for thousands of clients. Best Lawyers, Canadian Lawyer Magazine and Consumers Choice have all awarded us for excellence in the field of personal injury law.
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