In an instant, a motorcycle accident can change everything in your life. With little protection between you and the road, injuries are often severe, and dealing with insurance claims can add an extra layer of frustration. If you have been injured in a motorcycle accident, you need to know what your legal rights are and what steps to take to help your Alberta motorcycle accident claim. At Braithwaite Boyle, our motorcycle personal injury lawyers can help you fight for fair compensation for your case. In this blog, we will look closely at what factors are considered in your motorcycle accident claim and what kind of evidence can be used to prove you are not liable.
What Factors Are Considered in a Motorcycle Accident Claim? of Insurance?
When you work with a motorcycle personal injury lawyer at Braithwaite Boyle, we look at every detail of your case to determine if you have a strong case for compensation. A strong case starts with having all the information needed for your motorcycle accident claim. The following factors can help to determine the success of your claim.
Who Is At Fault
Liability in a motorcycle accident can be more complicated than in a car accident. Insurance companies and courts will assess the rider’s experience level, road conditions, and the actions of other drivers. Determining who is at fault can significantly impact your compensation and whether additional evidence is needed to establish fault.
Contributory Negligence
Alberta law follows the principle of contributory negligence, meaning that if the motorcyclist is found partially at fault, their compensation may be reduced proportionally. Reduced compensation and negligence can be due to excessive speed, failure to signal, or not wearing proper safety gear. Insurance companies may use this to limit payouts, making it crucial to have legal representation to challenge unfair fault assessments. Working with a motorcycle personal injury lawyer can help ensure that blame is reasonably assigned, and your rights are protected.
Insurance Coverage Limitations
Not all insurance policies provide the same level of coverage for motorcycle accidents. Some have exclusions or limitations that could affect the amount of compensation you receive. Riders should carefully review their policies to understand their coverage and explore legal options if their claim is unfairly denied or reduced.
Helmet and Safety Equipment
Alberta law requires all riders to wear helmets, with a fine of $155 for non-compliance. If you weren’t wearing proper safety gear, this could impact your claim. Additionally, insurers may argue that failure to wear protective gear contributed to the severity of your injuries, potentially reducing the amount of compensation you receive.
Witness Statements and Dashcam Footage
Collecting unbiased evidence from witnesses, helmet camera footage, or intersection security cameras can support your claim. The more objective evidence available, the stronger your case will be when negotiating with insurance companies or presenting your case in court.
Who is Usually at Fault in a Vehicle vs Motorcycle Accident?
In many cases, the driver of the vehicle or car involved in a motorcycle accident is at fault, but it depends on the circumstances. Some drivers may be at fault because of the following:
- Failure to see the motorcycle: Many drivers claim they “didn’t see” the rider before making a turn or changing lanes. A motorcycle’s smaller profile makes it easier for drivers to overlook it, particularly in blind spots or heavy traffic.
- Left-turn accidents: Many motorcycle crashes occur when a car turns left in front of an oncoming motorcycle. This is often due to drivers misjudging the motorcycle’s speed or not seeing it.
- Failure to yield: Drivers may fail to yield the right of way to motorcycles at intersections or merges. This can result in dangerous collisions, especially if the rider is travelling at highway speeds.
While other drivers cause many motorcycle accidents, some crashes result from rider mistakes. Understanding these risks can help motorcyclists avoid dangerous situations:
- Speeding and reckless driving: Excessive speed, tailgating, or weaving through traffic can significantly increase the likelihood of an accident. High speeds reduce reaction time and make it harder to avoid hazards, increasing the severity of injuries in a crash.
- Improper cornering and inexperience: Riders unfamiliar with their bike or road conditions may lose control, particularly at high speeds or sharp turns. Proper training, experience, and awareness of road conditions can help prevent these accidents.
Understanding fault in a motorcycle accident is crucial when pursuing a claim. If another driver’s negligence caused your crash, you deserve fair compensation for your injuries. Braithwaite Boyle’s motorcycle personal injury lawyers can help you gather the right evidence and fight for the settlement you’re entitled to. Contact us today for a free consultation.
What is the Role of Dashcam and Helmet Cameras in Motorcycle Accident Claims?
Having video evidence from a helmet camera or dashcam can be invaluable in proving fault and protecting yourself from false claims. Consider these key points:
- Obtain complete, unedited copies of any available footage and review it with your personal injury lawyer.
- Helmet camera footage can clarify events and provide an unbiased accident record.
- Poorly mounted cameras may not capture the whole scene, leading to disputes over their accuracy.
- Security footage and intersection cameras can also support a claim—request access to any available recordings.
- Dashcams help prove liability, especially if another driver is at fault.
What Common Motorcycle Accident Injuries Are Claimed?
At Braithwaite Boyle, we’ve seen firsthand how devastating motorcycle accidents can be. Without the protection of a vehicle frame, riders are more vulnerable to serious injuries that can have life-altering consequences.
The severity of your injuries directly affects your personal injury claim, as your compensation considers the extent of your medical expenses, lost wages, and long-term recovery. Some common injuries that our Alberta motorcycle personal injury lawyers have seen include:
- Road rash and lacerations from sliding across the pavement
- Broken bones and fractures, particularly in the arms, legs, and ribs, which may require extensive recovery time
- Head trauma and brain injuries, such as concussions, traumatic brain injuries, and even cases of paralysis despite wearing a helmet
- Spinal cord injuries and internal bleeding from injuries
- Back and neck injuries impacting mobility and quality of life
- Emotional and psychological trauma, including PTSD, anxiety and depression, following the accident
If you have been injured in a motorcycle accident in Alberta and are not at fault, our personal injury lawyers are here to fight for you to get you the compensation that you deserve. A 15-minute call and free consultation with a personal injury lawyer can save you hours on Google and help move your motorcycle accident claim forward. Contact our team today to speak about your case!
May is Motorcycle Safety Awareness Month in Alberta
At Braithwaite Boyle, we are deeply committed to supporting the motorcycle community. As a named sponsor for the Ride to Reynolds and a Platinum sponsor for the Motorcycle Ride for Dad, we stand with riders in promoting safety and awareness.
This month serves as a crucial reminder for all motorcyclists to prioritize protective gear, follow traffic laws, and remain vigilant on the road. It’s also a call to action for drivers to be more aware of motorcycles, reducing the risk of serious accidents. By raising awareness and advocating for safer roads, we can help protect riders and prevent unnecessary injuries.
Speak with an Alberta Motorcycle Accident Lawyer at Braithwaite Boyle Today
IIf you have been injured in a motorcycle accident, our team at Braithwaite Boyle is here for you, not just your case. We believe that no two motorcycle cases are the same, and our approach to your claim is unique. With years of experience serving Alberta residents, Braithwaite Boyle has a proven track record of success right here at home. From reviewing the evidence to communicating with your insurance company directly, our team will handle your motorcycle accident claim so you can focus on recovery.
Contact us today for a free consultation with an Alberta motorcycle accident lawyer and take the first step toward getting the compensation you deserve.