Toronto Motorcycle Accident Lawyer
Being injured in a motorcycle crash could have a devastating impact on your life. For help bringing the liable party to justice, reach out to a highly qualified motorcycle accident lawyer in Toronto.
Motorcyclists as a whole are at an increased risk of injury, in part due to the fact that apart from any protective gear they are wearing, there is no surrounding protection like a car, bus, truck, or other motor vehicle would have.
As such, the injuries are often fatal, and those lucky enough to survive often suffer catastrophic injuries, including traumatic brain damage, loss of limbs, paralysis, and other severely debilitating conditions.
If this sounds like your situation and you have nowhere to turn, you’ve come to the right place. At Jasmine Daya & Co., our team of compassionate lawyers is ready to fight for what is rightfully yours. If we take on your case, your trusted Toronto motorcycle accident lawyer will do everything possible to ensure that you are awarded a fair and reasonable injury settlement so you can recuperate without financial distress.
Beware the Insurance Company after a Crash
Being involved in a motor vehicle accident of any kind means you’ll need to deal with the insurance company. Since Ontario is a no-fault province, you’ll be filing an insurance claim with your own auto insurer, no matter who is to blame for your motorcycle accident. However, it is important to note that working with your own insurer doesn’t mean the insurance company is on your side.
In fact, the insurance company will more than likely be working against you. This is because, despite the fact that you carry an auto insurance policy with your insurer, the insurance company will be losing money by paying out on your Toronto accident claim. As a motorcyclist, you are immediately at an increased risk for being taken advantage of by the insurance company.
Insurance adjusters have been known to twist the statements provided to them by well-intending accident survivors to reduce the amount they’ll be obligated to settle for.
For motorcyclists, this means the insurer may be attempting to paint you as the stereotypical biker you see in the movies: covered head to toe in tattoos, driving recklessly, probably in a biker gang. It would be comical how far off this stigma is from the vast majority of motorcyclists, if it weren’t for the fact that this stereotype is used to take advantage of injured bikers.
To protect yourself and your right to compensation from your insurance company, it may be in your best interests to allow your Toronto accident lawyer to handle the insurance company on your behalf. We’ve seen countless money-hungry insurers, and we’ll never let you settle for less than you deserve.
Contributory Negligence in Toronto Accident Claims
Motorcyclists who know they may have done something to contribute to the injuries they sustained may be unwilling or unsure when it comes to filing an insurance claim or pursuing a lawsuit in Toronto. However, Ontario contributory negligence laws do not prevent you from being awarded compensation, even if you are partly responsible for your injuries.
You will need to be held accountable for your own portion of fault, however. The judge will ensure that you answer for your part in the accident by reducing the amount of your award in proportion to your fault. For example, if you are found to be 30 percent at fault for your injuries, your award will be reduced by 30 percent.
Who Is to Blame for Your Motorcycle Wreck?
Figuring out who or what is responsible for causing your bike accident is an integral part of the personal injury claims process when it comes to motorcycle wrecks. There are many different parties that could be to blame, including:
- Other Involved Drivers – If there was another driver involved in your motorcycle accident, driver negligence could be the reason for your collision. Examples include impaired, distracted, fatigued, and/or aggressive driving.
- Toronto Transportation Services Division (TTSD) – The TTSD is responsible for the maintenance and safety of the roadways in Toronto. Hazardous road conditions, such as unfilled potholes and unsecured road construction zones, could mean the TTSD is liable for your losses.
- Automakers or Parts Manufacturers – When your motorcycle or the other vehicle involved in your crash malfunctions in some way, the manufacturer of the vehicle or the parts manufacturer may be responsible for covering your losses.
- Inclement Weather or Wildlife – Unfortunately, little can be done about Toronto accidents caused by poor weather conditions or wild animals, but nevertheless, they are a common cause of motorcycle wrecks. Your lawyer can assist you in handling your claim with the insurance company so you don’t have to worry about being taken advantage of by a profit-driven auto insurer.
Toronto Motorcycle Accident FAQ
Between handling the insurance company and filing a civil lawsuit, it is not uncommon for motorcycle accident survivors to have many questions regarding their case.
Below, we have included the answers to the top questions we receive from injury victims across Toronto and the province of Ontario as a whole. If you are looking for a more individualized answer to a question you have, please feel free to contact our office and set up a complimentary consultation.
What if I wasn’t wearing a helmet when my motorcycle crashed?
Now that you know a little bit about how contributory negligence works, you probably know that your case can be significantly impacted if you chose not to wear a helmet. Ontario law requires all motorcyclists and their passengers to wear crash helmets with a secure chin strap.
If you did not wear a motorcycle helmet, contributory negligence will almost certainly apply and you can expect your award to be reduced proportionately.
Can I settle my accident case without going to Toronto court?
It is quite possible to settle your case without having to go to court, but sometimes going to court is the best way to get the most out of your Toronto claim. When dealing with the insurance company, if their settlement offer isn’t enough to meet your needs, or if their financial obligation doesn’t fully cover your costs, it may be in your best interests to bring your case to court and seek repayment from the liable party.
What happens if my motorcycle passenger caused the crash?
Passengers causing bike wrecks happens more frequently than you might think. When this happens, your claim will need to be handled delicately, as the passenger is probably a close friend or family member.
With that being said, their relationship with you doesn’t mean they shouldn’t be held accountable. We’ll handle your case with great care so you have a better chance at both maintaining your relationship with your passenger and securing full compensation.
Reach Out to a Motorcycle Accident Lawyer in Toronto
If you are ready to regain control of your life but aren’t sure where to start, reach out to a respected Toronto motorcycle accident lawyer at Jasmine Daya & Co. We are proud to offer injury victims across Toronto a free case evaluation so we can learn more about the individual details of your case.
If you want to take advantage of this opportunity, you can do so by submitting the online contact form provided at the bottom of this page or calling our firm at 416-967-9100.
Jasmine Daya & Co.
55 St. Clair Avenue West, Suite 415 Toronto, Ontario M4V 2Y7
Description: Toronto personal injury lawyer Jasmine Daya cares deeply about her clients and her reputation in the legal profession. She works very hard helping people understand their rights within personal injury law as well as helping businesses understand that their obligation is to keep their clients or customers safe.
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