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Motorcycle accident Lawyer Toronto

At Boland Romaine LLP  We help motorcycle accident victims across the GTA and the Province of Ontario. If you have been seriously hurt in a motorcycle accident, we encourage you to call our office today and arrange for a free consultation to discuss your rights and how we can help.

Consistently ranked as a Top 10 personal Injury Law Firm in Ontario by Canadian Lawyer Magazine

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Motorcycle accident Lawyer

Have you been involved in a motorcycle accident? Whether you’re a rider or a passenger, a motorcycle accident can be life-changing. The complexity of motorcycle accident cases requires experienced legal representation to ensure you receive the compensation you deserve. If you have been hurt in a motorcycle accident by another at-fault motorcycle accident rider in Toronto, you can seek compensation from the other motorist by commencing a civil tort lawsuit in the Ontario Superior Court of Justice. 

 

To maximize compensation, motorcycle accident victims should choose a motorcycle accident lawyer that has devoted their practice exclusively to personal injury law and has successfully won cases like this at trial.

 

Depending on the severity of your injuries, you can be compensated for your pain and suffering, past and future loss of income, and past and future costs of treatment or medication. However, in order to succeed in your lawsuit, you must prove that the other motorist involved in the accident was negligent and therefore liable for your injuries.

Successful Judgements

When They Fight, We Fight Harder

The Expertise of a Boutique Law Firm with the Resources of a Full-Service Law Firm

Trial experience settles cases fairly, and trial experience will protect the injured if negotiations break down. A motorcycle accident lawyer for the injured needs the fortitude to say “no” to unreasonable offers and the commitment and skill to take the injured person’s case to trial.

For more than four decades, our trusted Toronto motorcycle accident lawyers have won millions of dollars in compensation for clients to recover the cost of medical bills and lost wages as well as damages for both pain and suffering. The firm was founded on a set of core values that we still strive to live by every day; namely, integrity, excellence and professionalism. These values remain as important to us now as when we began.

Being injured in an accident of any kind is a traumatic experience and can be devastating for both the injured person and their loved ones. It is essential to have a strong support system as the stress of dealing with the aftermath of a serious accident can quickly become unbearable.

Orthopaedic Injury Lawyer

What am I Entitled to After a Motorcycle Accident?

People injured in motorcycle accidents are entitled compensation for personal injury. If you have been hurt in a motorcycle accident by another at-fault driver in Toronto or in Ontario, you can seek compensation from the other motorist by commencing a civil tort lawsuit in the Ontario Superior Court of Justice. 

  1. Claim Against the At-Fault Driver: You can file a “tort claim” against the driver who caused the accident.
  2. Vehicle Accident Benefits: You can receive benefits through your own automobile insurance policy or the policy of any other vehicle involved in the accident.

People injured in motorcycle accidents are entitled compensation for personal injury. If you have been hurt in a motorcycle accident by another at-fault driver in Toronto or in Ontario, you can seek compensation from the other motorist by commencing a civil tort lawsuit in the Ontario Superior Court of Justice. 

Understanding Motorcycle Accidents

What am I Entitled to After a Motorcycle Accident?

People injured in motorcycle accidents are entitled compensation for personal injury. If you have been hurt in a motorcycle accident by another at-fault driver in Toronto or in Ontario, you can seek compensation from the other motorist by commencing a civil tort lawsuit in the Ontario Superior Court of Justice. 

  1. Claim Against the At-Fault Driver: You can file a “tort claim” against the driver who caused the accident.
  2. Vehicle Accident Benefits: You can receive benefits through your own automobile insurance policy or the policy of any other vehicle involved in the accident.

People injured in motorcycle accidents are entitled compensation for personal injury. If you have been hurt in a motorcycle accident by another at-fault driver in Toronto or in Ontario, you can seek compensation from the other motorist by commencing a civil tort lawsuit in the Ontario Superior Court of Justice.

What Is My Motorcycle Accident Claim Worth?

It is worth fighting for. A personal injury lawsuit attempts to restore you to the financial position you would have been in had the motorcycle accident not happened. For those with significant losses of income or new lifelong expenses, a personal injury lawsuit is your only means to protect your future and replace what you have lost.

Motorcycle accidents often involve serious head injuries and fractures. Evaluating your motorcycle accident claim is based on a multitude of factors, including your injuries, age, level of recovery, level of functionality, pre-accident employment, pre-accident lifestyle, and the evidence both for and against your claim.

We invite you to contact our office for a free consultation to discuss your motorcycle accident claim.

No-fault Accident Claim

If you’re involved in a motor vehicle collision in Ontario, you can claim benefits through your own motorcycle insurance company, regardless of who was at fault. This is typically the first step after a motorcycle or other motor vehicle accident. Depending on your specific policy, the benefits you may be able to claim include:

You must inform your insurance company within 7 days, or as soon as reasonably possible, that you wish to apply for no-fault accident benefits. Additionally, you need to submit a completed Application Form to your insurance company within 30 days after receiving the form package.

Losing A Loved One Following A Motorcycle Accident

Unfortunately, many motorcyclists or their passengers are killed following motorcycle accidents. Even if not directly involved in the motorcycle accident, family members may be entitled to compensation from the at-fault motorist for loss of care, guidance, and companionship.

Lawsuits arising from motorcycle accident fatalities are often very difficult on grieving family members. Regardless, insurance companies vigorously defend at-fault motorists to reduce the amount of compensation paid to family members. It is important that you speak with motorcycle accident lawyers that exclusively practice in serious personal injury law and have the expertise to settle your case fairly for the compensation you deserve.

Boland Romaine LLP are personal injury lawyers with over 40 years experience representing family members of motorcyclists killed in motorcycle accidents in Toronto and across Ontario. Read more here about our experience with fatality claims.

What To Do After Being Hurt In A Motorcycle Accident

It is important that individuals hurt in motorcycle accidents gather as much evidence about the motorcycle accident scene as possible. You would be wise to preserve your motorcycle helmet and clothing as they will likely be used as evidence in your case. Preserve any photographs that were taken on the day of you out motorcycling. Do not repair your motorcycle and try not to change any gears. It is very helpful if you or someone you know returns to the scene to photograph or videotape the area where the motorcycle accident occurred.

A good way to start is to photograph the area of the collision from the direction of the motorcyclist, then from the opposite direction or that of the other vehicle. Also, keep a keen eye for skid marks, gouges and debris that may have been left behind. These subtle signs can help establish the path of travel, and any evasive actions. Also look for the resting position. Photograph the helmet and the motorcycle as well, including the serial numbers, and the components, such as hand brakes, lights, reflectors, derailers, gears, and tires.

At some point, after you have received medical care, you or a family member will turn your mind to the necessity of a lawsuit to best protect your future. We invite you to contact us, as we have demonstrable trial experience in handling motorcycle accident claims.

Why Should I Hire A Motorcycle Accident Lawyer?

The path to compensation can be long and complex. For example, a lawsuit must be brought in Ontario within two years of the date of the accident. The statutory accident benefit care insurer is to be notified within 7 days of the date of the accident. Limitation dates are exceptionally complicated. If not met, you can be precluded from either Contract or Tort compensation.

Statute of Limitations for Motorcycle Accidents in Ontario

In Ontario, the statute of limitations for filing a lawsuit after a motorcycle accident is two years from the date of the accident. This means you have two years to initiate legal action for compensation related to injuries, damages, or losses caused by the accident. Failing to file within this timeframe typically bars you from pursuing a claim in court.

However, there are exceptions. For example, if the victim is a minor or mentally incapacitated, the time limit may be extended. Additionally, if you’re filing a claim against a municipality (e.g., for poorly maintained roads), you must provide written notice within 10 days of the incident.

It’s crucial to act promptly and consult with a personal injury lawyer to ensure your rights are protected and deadlines are met.

Factors Contributing to Increased Injury Risks in Motorcycle Accidents

Motorcycle crashes often result in more severe injuries compared to motorcycle accidents. Several factors contribute to the heightened risks faced by motorcyclists:

Motorcycle Size

The small size of motorcycles plays a significant role in accidents, contributing to nearly 42% of crashes. Motorcycles are more likely to be overlooked in a driver’s blind spot, especially when vehicles make left-hand turns. This increases the likelihood of collisions at intersections when a motorcycle is traveling straight.

Road Hazards and Debris

With only two wheels and no external protection, motorcycles are less stable than passenger vehicles. Hazards like potholes, slick roads, uneven lanes, or debris (e.g., fallen objects, oil spills, or broken glass) pose a significant threat to motorcyclists. Riders must remain vigilant to avoid accidents caused by these conditions.

Poor Motorcycle Maintenance

Regular maintenance is crucial for safe riding. Issues with oil levels, tires, brakes, lights, or other critical components can lead to mechanical failures and increase the risk of accidents. Proper upkeep of your motorcycle is as essential as maintaining other vehicles.

Lack of Knowledge

A limited understanding of road conditions or how to operate a motorcycle effectively can impact rider safety. Not having a valid motorcycle license or formal training increases the likelihood of accidents, as these courses teach vital skills for safe riding.

Lack of Protective Gear

Unlike cars, motorcycles lack built-in safety features such as seatbelts or airbags. Riders are more exposed to injuries during a crash. Wearing protective gear, including a helmet, jacket, and boots, can significantly reduce the risk of severe injuries to riders and passengers.

Factors Contributing to Increased Injury Risks in Motorcycle Accidents

Each of these factors can contribute significantly to the risk of a motorcycle accident:

What To Do If Not Wearing A Helmet?

Under section 104(1) of the Highway Traffic Act, everyone who rides or operates a motorcycle on a highway is required to wear a helmet which complies with the standards set out in Ontario Regulation 610: Safety Helmets. But what if you were not wearing a motorcycle helmet when the accident occurred?

First, it does not prevent you from having a successful lawsuit. Not wearing a helmet does not excuse a defendant from causing you harm.

Second, the value of your claim will only be reduced if wearing a helmet would have prevented or minimized the injuries suffered. In the Ontario Court of Appeal decision of Snushall v. Fulsang, Ontario’s highest court decided that the most that could be deducted from a claim where a protective device would have saved the injured person from all of their injuries was 25%, and that by convention, a reduction of 5% – 10% in the value of the claim would be typical.

That being said, even that reduction is not automatic. It is up to the defendant to prove that a motorcycle helmet would have made a difference. 

According to the scientific literature, this is more easily done in cases where there is a skull fracture, but even then, the fracture must have occurred where the helmet provided protection. In the absence of a skull fracture, it is significantly more difficult for the defendant to establish that the helmet would have made a difference in cases of mild traumatic brain injury. Even if the defendant can establish that the helmet would have had some benefit, only the portion of the claim attributable to the head injury is reduced.

What Can I Sue For?

There are various categories of damages that an injured party can seek compensation for by way of a lawsuit, including: pain and suffering, loss of income, health care expenses, Family Law Act damages (i.e. claims by certain family members), Housekeeping and home maintenance expenses, Other quantified losses

After a Motorcycle Crash What Type of Damages am I entitled to?

If you win a motorcycle crash personal injury lawsuit, you may be entitled to receive the following compensation for the damages you received in the accident:

What If My Injury Meets the Threshold?

If your injury meets the threshold, you may be entitled to recover damages from a car accident for pain, suffering, loss of enjoyment of life, health care expenses, Family Law Act damages, and other quantified losses

What if The at-Fault party Doesn’t Have Insurance?

If an uninsured or unknown party injured you, you should still seek out legal counsel. Consult a personal injury lawyer and learn if you can make a Tort or Accident Benefits claim.

Should I Provide a Statement to the Insurance company?

It is highly recommended that you do not provide a statement about your accident or injuries to the insurance company of the party at fault for your injuries, whether you feel fine or are in pain, without first consulting a personal injury lawyer. 

Personal injury Lawyer Toronto

Ontario’s Accident Benefit Coverage

The severity of injury has a dramatic effect on a person’s right to claim medical, rehabilitation and attendant care benefits. A non-catastrophically injured person is entitled to a maximum of $65,000.00 for these expenses while a catastrophically injured person is entitled to a maximum of $1,000,000.00 for medical expenses.  Our car accident lawyers have a proven track record of success in obtaining a catastrophic designation for our seriously injured car accident victims.

Keep Good Notes

Keeping a diary of your daily experiences and noting how your injuries impact your normal activities, such as bending or walking, is highly recommended. If your court case extends over several years after the accident, this diary can serve as a valuable tool to help refresh your memory. Additionally, retain anything related to your injuries, such as prescriptions, medical aids, or relevant photographs. These items are considered objective evidence and are highly regarded in accident cases.

How Does a Motorcycle Accident Lawyer Help?

Motorcycle accidents require skilled and experienced personal injury lawyers. Those injured in motorcycle accidents often suffer from polytraumatic, serious, and catastrophic injuries, including brain injuries, internal injuries, concussions, and orthopaedic and bone fractures typically requiring surgery. Many motorcycle accidents involve fatalities. Depending on the severity of these injuries, injured persons may require extensive medical treatment and either miss significant time from work or be disabled from work completely.

When It's Your Life, Don't Settle

When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.

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Your Future is Worth Fighting for

Boland Romaine has a proven track record of obtaining significant settlements for clients, including multi-million-dollar awards for catastrophic injuries such as spinal cord injuries and traumatic brain injuries. Their unwavering commitment to excellence has earned the firm recognition in prestigious legal directories, including Best Lawyers in Canada and the Lexpert directory.

For those whose lives have been profoundly impacted by car accidents, Boland Romaine offers free consultations to discuss potential claims and provide guidance on the legal process. The firm’s compassionate and dedicated team is committed to helping clients rebuild their lives after devastating accidents, ensuring they receive the justice and support they need to move forward.

When They Fight, We Fight Harder

Operating on a contingency fee basis, Boland Romaine ensures that clients do not pay legal fees unless their claim is successfully resolved. This approach makes legal representation accessible to everyone, regardless of their financial situation. By focusing on a select number of seriously injured clients, the firm provides personalized attention and dedicated resources to achieve the best possible outcomes.

Trial Experience Questions

Gather the Evidence Make an Informed Decision

A car accident lawyer who is either afraid, inexperienced, or cannot afford to go to trial may ultimately end up costing you thousands in compensation you are rightfully owed. 

Trial Experience Questions Timothy
Boland
Darcy
Romaine
Do you, personally, regularly take cases to trial?
Have you, personaly, won cases like mine at trial?
Do you, personally, have precedent- setting decisions?
Can I see your written decisions and jury verdicts?

Frequently Asked Questions

How can a car accident lawyer help me?
An accident can lead to lifelong consequences for those involved. If you’ve suffered serious injuries due to someone else’s negligence, you may feel overwhelmed by emotional trauma, medical bills, securing treatment, and navigating insurance claims. Additionally, you likely want to regain the position you were in before the accident. This is why hiring a personal injury lawyer is essential—they can guide you through the process and help protect your rights.
  • Do you, personally, regularly take cases to trial?
  • Have you, personally, won cases like mine at trial?
  • Do you, personally, have precedent-setting decisions?
  • Are they leaders in the legal community?
  • Can I see your written decisions and jury verdicts?
  • Have your peers endorsed you for your inclusion in BestLawyers. com peer review directory?
  • Have legal publications recognized your firm as a Top 10 Personal Injury Law Firm in Canada?
  • Have you published extensively in the field of personal injury?
  • Do you teach other lawyers how to conduct trials?
  • Are you invited to speak at conferences regarding trial work?
  • Are you, or have you been, a board member of the Ontario Trial Lawyers Association?

If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.

If your LTD claim has been denied, a disability lawyer can help by:

  • Sending your relevant medical information to your insurance company.
  • Ensuring you meet all timelines set out in your insurance policy.
  • Working with the doctors who are treating you (and other expert doctors, if necessary), to obtain the proper documentation needed to address to the specific provisions of your insurance policy. This is particularly important because often the forms sent to you by your insurance company can be very biased. Knowing what the right questions are to ask your doctor can often be the difference between having your claim approved, rather than denied.
  • Moving your case toward resolution through the settlement negotiations or, if necessary, the legal process.

Don’t speak to the adjuster from the insurance company.

When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.

we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.

Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc

The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.

Also consider these critical steps after an injury after seeking medical help.

  1. Report the Incident: Notify relevant authorities (police, workplace, property owner).
  2. Document Evidence: Take photos, gather witness info, and keep medical records.
  3. Track Expenses: Save all receipts related to medical care and other costs.
  4. Avoid Discussing the Case: Don’t post on social media or discuss details with others.
  5. Consult a Lawyer: Seek legal advice to understand your rights and options.

In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.

If you need a car accident lawyer in your area, start by researching local law firms that specialize in personal injury and accident claims. Look for lawyers with experience handling cases like yours, strong client reviews, and a track record of success.

At Boland Romaine, our Toronto-based car accident lawyers have extensive experience managing complex claims, ensuring our clients receive the legal guidance and compensation they deserve.

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Your Future is Worth Fighting for.

Motorcycle Accident Lawyer Toronto

Our car accident lawyers know exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.

Building a strong case means we will:

  • find and talk to witnesses who saw the accident and can testify on your behalf
  • Gather the police reports and accident reports from the event
  • Prove liability
  • Have medical experts examine and analyze your medical records
  • Calculate your damages

A Boland Romaine car accident lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.