Unfortunately for motorcyclists, riding in Hamilton and throughout the Golden Horseshoe is certainly not without risk. When a motorcycle accident happens, the results can be absolutely devastating. Motorcycle riders are at a particularly high risk of injury or even death when compared to other motorists involved in vehicle accidents due to both the physical vulnerability of being exposed to the elements surrounding them and being without protection. The trauma that almost all motorcycle accident victims endure can be nearly impossible to imagine. Many motorcycle accident victims suffer catastrophic injuries that cause them to be unable to work, support their families or return to their normal lives.
Being in involved in a motorcycle accident can be life changing, terribly traumatic and overwhelming. While some motorcycle accidents are minor incidents that don’t require a lawyer, most bike accidents involve extremely complicated insurance issues which usually are not the biker’s fault and too stressful for an injured party to deal with.
Injuries caused by motorcycle accidents unfortunately make up a significant proportion of serious traffic accidents, being a significant cause of increased morbidity and mortality, especially among young men and women. In today’s day and age, a large amount of motorcycle accidents in Ontario are caused by drivers not paying attention, or because there talking or texting on their smart phone. Because riders are unprotected, they often suffer brutal injuries that often cause a lifetime of disability and interruption in their ability to continue their work or career.
Matt Lalande is a Hamilton motorcycle accident lawyer who been representing motorcycle accident victims throughout Ontario since 2003. Our firm understands the impact that being injured can have on the lives of victims, their families and loved ones. The losses can be profound and for victims, often insurmountable without proper legal help. We always worked to pursue the maximum compensation for our clients and ensure their futures are properly protected financially, both from a vocational perspective and future care perspective.
Since 2003 Matt Lalande has recovered millions for motorcycle accident victims. We’re well aware that it will be an uphill battle for injured motorcyclists to recover compensation from insurance companies. Not only are Ontario motorcycle insurance claims becoming increasingly complex to litigate, the system is unfortunately not victim friendly by any means.
If you have been in a motorcycle accident, you should never try and negotiate with the insurance system on your own when trying to recover compensation for your injuries. If you have been hurt while riding your motorcycle, it is absolutely vital that you contact an experienced motorcycle accident lawyer to help you get through these difficult times. This is a time when you and your loved ones should be focusing on getting home, starting your rehabilitation, meeting with your doctors and your occupational therapists. We will deal with the insurance companies and act on your behalf to make sure you receive the best possible medical care and legal representation.
If you or a loved one has been hurt in a serious motorcycle accident you will no doubt need assistance with the discharge from the hospital or rehab unit back to your house. Our lawyers will assist in contacting your insurance company to help set up your accident benefits in order to pay for the cost of retaining acute care occupational therapists to assist with your hospital discharge. Occupational therapists should ALWAYS be retained by your Hamilton motorcycle accident lawyers and not your insurance company. Discharge planning is a primary aspect of an acute care occupational therapist’s job. Obtaining the proper accident benefit funding and proper discharge planning is an important part of acute care practice. The last thing you need is to be discharged home with unmet rehabilitation needs. It’s vital that you retain an experienced personal injury lawyer to help with all of your discharge planning needs.
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We understand that there is no amount of money which can return you or your loved one to how things were, but we can help you recover money from insurance companies to help compensate you for your losses because you are hurt and you can’t work. By working with an experienced Hamilton motorcycle accident lawyer, you can ensure that your financial future will be protected. We will obtain the appropriate amount of compensation from the at-fault driver’s insurance company to help protect you and your family.
Our lawyers will be able to help put together the right team of medical experts, occupational therapists, life care planners and accountants to help figure out exactly how much money you have lost financially and how much money it will take to get your life back on track.
In most cases, a motorcycle accident victim will seek significant compensation for pain and suffering, past lost income, future lost income, any difference in lost income, health and rehabilitation expenses outside of OHIP, money to replace your inability to take care of your home, and in some cases, financial management fees for the compensation you are seeking.
The amount of compensation is often dependent on the type and severity of injury that you have suffered, your physical pain, psychological anguish and emotional suffering. You may also receive compensation for physical disfigurement, such as scarring and burning type injuries. We will also make sure that you are compensation on your behalf for your loss of income from the accident date, until your projected retirement date.
Hamilton motorcycle accident lawyer Matt Lalande has represented families of those killed in motorcycle accidents since 2003.
There are many scenarios that can lead to wrongful death motorcycle accidents, some being more common than others. One thing we know for sure is that motorcyclists are up to 27 times more likely to die in a motorcycle accident than those travelling in cars or trucks. The primary cause of motorcycle fatalities are head injuries – or those riders that suffer such trauma to the head that medically, there would be no chance of clinical recovery.
Wrongful death claims after a fatal motorcycle crash can be complicated, depending on the scenario and people involved. For example, if the motorcycle rider was the young father providing for a family, then the damages and compensation would be significantly higher than would be to a single writer with no dependents.
The Family Law Act provides for damages that dependents can claim in a wrongful death case. The dependency loss, if the deceased provided shared income into the family, would be an important claim to make as a loved family survivor. A dependency loss is the loss experienced by the survivors of the lost contribution to the net family income. Future income must be properly evaluated and projected by an economist or actuary who has the expertise to address any issues and potential contingencies.
In short, if a loved one is killed in a motorcycle accident, it’s important that the immediate dependents and survivors, such as a wife, husband or children, claim the loss of shared family income, over their lifetime. Your spouse’s income no doubt had an effect on paying the mortgage, insurance, kids activities, education and other household bills. You can’t be left alone with the burden of these expenses if your loved one was killed in a motorcycle accident through no fault of his/her own.
Also, the surviving spouse and or older children may have a loss of income as well for being off work for grieving purposes, for an extended period of time not covered by a disability policy.
There may also be a loss of economic opportunity to compensate the surviving spouse. Because of the increased family responsibilities, or having their earning potential impacted in some other way – the surviving spouse may lose future economic opportunity. Also, the surviving spouse may simply no longer have the emotional ability to perform full-time or premium work.
Household or childcare services may be required as well to assist the surviving spouse with household and home maintenance activities and childcare that may be required due to increased responsibility.
There are numerous claims that can be made in a wrongful death motorcycle accident case that could be made. There is no doubt because it our doubt that experienced motorcycle accident lawyers must be retained in motorcycle accident fatality cases.
Many people that retain us often wrongly assume that the accident was or may have been partially their fault and because so, they are not entitled to compensation. This might is certainly not something you should assume.
When describing motorcycle accidents, most people use the term fault, while lawyers use the term liability. Liability in motorcycle accidents is not always easy to determine. In some cases, both parties might be partially at fault for the accident, for example, the rider may have turned left illegally while the driver of an oncoming truck may have been impaired. Sometimes determining fault is not difficulty. Most motorcycle accidents in Ontario are rear end collisions, often caused by drivers not paying attention.
Sometimes, it is very difficult to determine who’s at fault or liable for an accident. For example, if a motorcyclist is riding down a beautiful country two lane road, around a bend, and an oncoming car clips the bike’s mirror. You as a rider may be blamed for taking the curve too fast when, in reality, the curve is not wide enough and the township should have made repairs to it, but did not.
You should never assume that you are at fault, or partially at-fault for a motorcycle accident. Talk to us, for free, with no obligation, to start the investigation and determine who is at fault. Not only will this prevent an insurer from taking advantage of you early on, but it will also allow us to collect the evidence your case needs while. Talk to a Hamilton motorcycle accident lawyer to find out more.
Many times, motorcycle accidents are caused other drivers who simply fail to see or recognize motorcyclists in traffic. According to Ontario driving statistics, there are still less motorcyclists hurt or killed than pedestrians or bicyclists, but the actual number of injuries and fatalities caused by motorcycle crashes are still staggering. Some of the major factors of bike wrecks that are “non-traffic maneuvers” are caused by distracted driving, alcohol and speed related causes. Some of the common driver-related causes are speed, entering a corner too fast, loss of control, locking the front brake, not judging the slipperiness of the road and overall biker inexperience.
There are a variety of types of motorcycle accidents that occur on Ontario’s roads and highways regularly, resulting in significant injuries and fatalities for those involved. Some of the more common types of accidents are listed below.
Negligence by other drivers: Many vehicles do not consider motorcyclists and sharing the road with these smaller vehicles. Drivers may know to look through their blind spots but they do not always know to look for motorcycles or think about them when they are switching lanes. Motorcycles also occupy a smaller space than the motor vehicles do, which means that they are generally harder to see no matter where the accident takes place.
Errors at Intersections: 25% of all motorcycle accidents occur when a motorcyclist is choosing to make a left hand turn at an intersection and an oncoming car does not see the rider. Some of the more traffic related factors were at-fault drivers running amber lights and making careless left-hand turns. A car or truck might not see a rider approaching from the opposite direction, either because they were not paying attention or distracted. Crossing through traffic is dangerous for anyone, no matter what type of vehicle they are driving, but for motorcyclists, the risk is significantly higher.
Dangerous driving conditions: This includes road hazards, environmental conditions, and anything else that could alter the condition of the road. While motorcyclists generally ride in the warmer months and are not at risk for snow or slippery ice, they are still at risk for other various hazards such as wet leaves or hidden potholes. During the summer months, there is also a significant amount of construction that can cause hazards to be left on high-traffic streets.
Distracted driving or driving under the influence: Driving while distracted, impaired, or under another type of influence is an issue for anyone driving any type of vehicle, but it is a significant issue for motorcyclists as well. Each day, at least four Canadians are killed in various accidents that are caused by drivers who are under the influence. Even if a motorcyclist is not impaired while they are on the road, they could be struck by another driver who is impaired.
Other common causes of bike crashes are cars changing lanes into bikes, read end type crashes, cars opening their doors on busy roads. Single bike accidents can also cause catastrophic injuries – which can be caused by hitting gravel at high speed around a corner.
Our firm knows how to evaluate the costs and losses associated with a serious motorcycle accident injuries. We know that different injury types will both require different types of medical care and affect your life in different ways. Our lawyers specialize in representing motorcycle accident victims who have suffered severe life changing injuries such as:
Our lawyers specialize in representing motorcycle accident victims who have suffered severe life changing injuries such as:
Broken Bones and Fractures – Devastating motorcycle accidents often lead to orthopedic injuries including broken legs, a broken pelvis, broken arms, broken shoulders, broken ankles, and various types of other fracture. Our motorcycle accident lawyers can help you collect the damages you’re owed.
Spinal Cord Injuries – Spinal cord injuries occur in Ontario every year, and whether complete or incomplete, SCIs leave victims their friends, and their family, to cope with the aftermath of the catastrophe. Individuals may be left paralyzed and confined to a wheelchair for the rest of their lives and must adjust to the psychological stress of a completely new life. There is no way to plan for something as distressing as a spinal cord injury.
Head and Brain Injuries – Traumatic and acquired brain injuries are caused by external forces that incur in serious accidents. Closed head injuries are the most common type of head injuries that occur in motorcycle accidents. A victim may suffer a brain injury that is mild to severe and cause speech impediment, stuttering, memory loss, dizziness, blurred vision, nausea, vomiting, difficulty thinking, attention deficit, mood swings and many other life changing cognitive symptoms.
Facial Injuries – We have represented riders that were hurt riding Harley Davidson Motorcycles and other cruiser bikes. Often times bikers who ride cruiser wear open face helmets. The lack of protection can cause major facial injuries in the event of an accident. Riders can suffer fractured facial bones, orbital bone fractures, skin abrasions, a broken jaw and other serious injuries which often require surgery and skin grafting.
Amputation Injuries – Amputation Injuries are common in serious motorcycle accidents. Amputation injuries after an accident often leads to phantom pain, or ghost pain, pain in the wound site and serious psychological injuries. Many injury victims who undergo amputation are never able to get back to work, or do so in a limited capacity for the remainder of their lives.
Rotator Cuff Tears, Muscle Tears, Ligament and Tendon Tears – Rotator cuff tears are a common cause of pain and disability among motorcycle accident victims. Torn rotator cuff tendons can be partial or full thickness tears. Although tears can be degenerative, accidents are often the cause acute tears which often require surgery with a lengthy recovery. Ligaments and tendons in other joints like the wrist or knees can necessitate surgery, reconstruction or even joint replacement. One of the most common knee injuries in motorcycle accidents are anterior cruciate ligament sprain or tears.
Burn Injuries and Severe Road Rash – Since a motorcyclist does not have the protection that the driver of a vehicle would have, they are at risk for burns and other skin issues if they are thrown from their motorcycle. Being dragged along the road at high speeds, particularly on highways and freeways, can cause severely damaging burns that may require skin grafts or other types of surgical procedures. Burns and road rash injuries are also at risk for complications during the healing process that could lead to fatal infections and flesh eating diseases.
If you have suffered injuries in a motorcycle accident, you have the right to pursue legal action against those were responsible. Although our Hamilton motorcycle accident lawyers can’t undo the damage you face, we can fight to provide you with the financial security you need to begin healing and help go on with your life in the best matter possible.
Lalande Personal Injury Lawyers can help you recover compensation for present or future medical expenses that OHIP will not cover, your lost income and wages, and other associated costs to help protect you, your family and significantly improve your ability to reach maximum recovery. Call us toll-free today, no matter where you are in Ontario at 1-844-LALANE or local in the Hamilton / Burlington area at 905-333-8888 of fill in a contact form on our website today. We would be more than happy to provide you and your family a free consultation, with no obligation, to inform you of your legal rights.
We Can Help. Contact us 24/7start your case905-333-8888
VOTED BEST LAWYERS IN CANADA 2018, 2019 & 2020
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