Negligent drivers cause motorcycle accidents through actions like distracted driving, speeding, failing to yield the right-of-way, and driving under the influence. These behaviours may lead to serious crashes, as motorcyclists are more vulnerable than drivers in larger vehicles. The most common injuries in motorcycle accidents include head trauma, fractures, road rash, spinal injuries, and internal damage.
A knowledgeable Edmonton motorcycle accident lawyer can investigate your accident, gather evidence, negotiate with insurance companies, and ensure that you receive fair compensation for lost income, pain and suffering, and other damages. Their skill and experience improve your chances of a successful outcome.
Common Injuries and Medical Treatment in Motorcycle Crashes
Motorcycle crashes can lead to a variety of injuries, many of which are severe due to the lack of protection for riders:
Head injuries are among the most serious and common in motorcycle crashes. Even with a helmet, traumatic brain injuries (TBIs) such as concussions, skull fractures, and contusions can occur. Treatment for head injuries typically involves monitoring for signs of brain swelling, bleeding, or pressure buildup. In severe cases, surgery may be necessary to relieve pressure or repair skull fractures. For less severe concussions, rest and observation are key, but more serious brain injuries require intensive care and possibly long-term rehabilitation.
Fractures are also frequent in motorcycle accidents, especially in the ribs, arms, and legs. These injuries can range from fractures that require casting to complex fractures needing surgical intervention with metal plates and screws. Treatment for fractures involves immobilization, pain management, and sometimes surgical procedures to realign the bones. Rehabilitation is often necessary to restore function and mobility.
Road rash, which occurs when a rider slides along the road surface, is another common injury. This injury can range from abrasions to severe burns that expose underlying muscle and bone. Treatment involves cleaning and dressing the wounds to prevent infection, as well as pain management. In more severe cases, skin grafts may be needed to repair deep tissue damage.
Spinal cord injuries are also critical and can result in paralysis. A fall or direct impact on the back can cause damage to the spinal cord, leading to varying levels of disability. Treatment typically involves stabilization of the spine, which may include a back brace or surgery to prevent further damage. Rehabilitation focuses on improving mobility, strength, and independence.
In all of these cases, quick medical attention is crucial. Long-term recovery may involve physical therapy, surgery, and ongoing medical monitoring.
How Do Most Motorcycle Crashes Happen?
Negligent drivers are a leading cause of motorcycle accidents, and their actions can result in severe injuries or even fatalities for riders. Negligence refers to a failure to exercise reasonable care while operating a vehicle, which can lead to unsafe conditions for motorcyclists. Several common behaviours by negligent drivers contribute to motorcycle crashes.
Distracted driving is one of the most frequent causes of motorcycle accidents. Many drivers use their phones while behind the wheel, whether for texting, talking, or browsing. This behaviour diverts their attention away from the road, making it harder for them to spot motorcyclists, who are smaller and harder to see compared to other vehicles. A distracted driver may change lanes without noticing a motorcycle or fail to yield the right-of-way, leading to a collision.
Reckless driving is another common factor. Drivers who speed, tailgate, or engage in aggressive maneuvers, such as weaving in and out of traffic, create hazardous situations for motorcyclists. Motorcycles are more vulnerable to sudden changes in traffic flow because they have less stability and are harder to control than cars. A reckless driver who cuts off a motorcyclist or forces them to brake suddenly can cause the rider to lose control and crash.
Failing to yield is another dangerous form of negligence. Many motorcycle accidents occur at intersections when drivers fail to yield to motorcyclists who have the right-of-way. This behaviour is especially common when drivers are making left turns. If a driver does not see or misjudges the speed of an approaching motorcycle, they may turn directly into its path, causing a crash.
Impaired driving due to alcohol or drugs is another significant factor in many motorcycle accidents. Alcohol impairs a driver’s judgment, reaction time, and ability to judge distances, making the safe operation of any vehicle difficult – especially around motorcycles. A drunk or drugged driver may fail to notice a motorcyclist, drive erratically, or misinterpret the motorcyclist’s movements, leading to a crash.
Poor road conditions as a result of negligent road maintenance or construction zones can also be a contributing factor. Potholes, loose gravel, and uneven road surfaces pose significant hazards to motorcyclists, who are more susceptible to losing control than drivers of larger vehicles.
Proving Injuries in a Motorcycle Collision Case
Proving injuries in a motorcycle accident claim or lawsuit is an important part of securing compensation for lost earnings, pain, and suffering. To build a strong case, it’s essential to gather and present clear evidence that shows the extent of the injuries and how they resulted from the crash. The following are some key steps to prove injuries
effectively in a motorcycle accident claim:
- Medical Records and Documentation – The most crucial evidence for proving injuries is medical records. A doctor’s diagnosis, treatment plans, and progress notes can establish the link between the motorcycle crash and the injuries. These records will be used to show the seriousness of the injuries, the required treatments, and the long-term effects.
- Testimony from Medical Experts – In some cases, it may be necessary to bring in medical experts who can explain the nature of the injuries and how they are directly related to the motorcycle accident. These experts can provide testimony about the expected recovery time, long-term effects, and whether the injuries are permanent.
- Photos and Videos of Injuries – Visual evidence is also powerful in proving the extent of injuries. Photographs of visible injuries like cuts, bruises, road rash, or fractures can be convincing evidence.
- Witness Testimony – Witnesses who saw the accident or observed the rider after the crash can provide important testimony about the rider’s condition. Eyewitnesses can testify to the accident’s cause and how it affected the motorcyclist. In cases where the motorcyclist was unable to speak due to severe injuries, witnesses can confirm the extent of the rider’s distress or disorientation.
- Accident Reports – Police reports can provide an objective account of the crash, including any citations issued to the other driver and details about how the accident occurred. These reports can show that the accident resulted from the other party’s negligence, which directly caused the injuries.
The Settlement and Litigation Processes After a Motorcycle Accident
Following a motorcycle accident, the process of seeking compensation typically involves filing a claim, negotiating with insurance companies, and, if necessary, pursuing litigation. A motorcycle accident lawyer can guide you through each step, ensuring that your rights are protected and that you receive fair compensation.
Filing a Claim
The first step in the process is filing a claim with the at-fault party’s insurance company. Filing a claim often occurs after seeking medical treatment for your injuries. Your lawyer will gather all the necessary documentation, such as medical records, accident reports, and witness statements, to support your claim. The goal is to prove that the other driver’s negligence caused the accident and that you deserve compensation for your lost earnings, pain, and suffering.
Negotiating the Claim
Once the insurance company receives your claim, they may offer a settlement. However, initial offers are often much lower than you deserve – which is where a motorcycle accident lawyer becomes essential. They will negotiate with the insurance company on your behalf to ensure that you are offered a fair settlement. Lawyers know how to push back against lowball offers and can use their experience to secure a more reasonable amount that accurately reflects the severity of your injuries and damages.
Threatening Litigation
If the insurance company refuses to offer a fair settlement, or if they deny the claim altogether, your lawyer may threaten litigation. Often, the threat of a lawsuit encourages the insurance company to reconsider its offer as it knows the case may become more costly and time-consuming if it proceeds to court.
Filing a Lawsuit in Court
If negotiations fail, the next step is filing a lawsuit in the court system. Your lawyer will prepare and file the necessary paperwork outlining the specifics of your case, the damages you are seeking, and the evidence supporting your claim. A lawsuit begins the formal legal process, which includes discovery (where both sides exchange information) and pretrial motions.
Trial or Alternative Dispute Resolution (ADR)
The case may eventually go to trial, where a judge or jury will hear the evidence and determine whether you are entitled to compensation. However, many cases are resolved through alternative dispute resolution, such as mediation or arbitration, where both parties try to reach a settlement with the help of a neutral third party. A lawyer will guide you through these options, helping you choose the best path for your case.
A motorcycle accident lawyer is crucial in handling the legal process, from filing a claim to negotiating a fair settlement or taking the case to trial if necessary. Their legal knowledge and experience ensure that your rights are protected and that you receive the compensation you deserve.
Common Motorcycle Accident Damages
Motorcycle accident victims may be eligible to recover compensation for their various losses, also called damages. These damages are designed to address the physical, emotional, and financial effects of the accident on the victim’s life.
Below are the most common losses that victims can recover through a claim or lawsuit:
- Lost income and Earning Capacity – If a motorcycle accident leaves the victim unable to work, they can seek compensation for lost earnings. This compensation includes the income they would have earned if the accident had not occurred. If the victim’s injuries result in long-term or permanent disability, they may also be eligible for diminished earning capacity compensation. This type of recovery refers to compensation for the income they are now unable to earn due to the lasting effects of their injuries. A motorcycle accident lawyer can calculate these losses based on the victim’s job, career trajectory, and potential future earnings.
- Pain and Suffering – Pain and suffering compensation is intended to address the physical pain and emotional distress the accident and injuries caused. This compensation can include chronic pain, anxiety, depression, and post-traumatic stress disorder (PTSD) that result from the accident. The amount awarded for pain and suffering varies depending on the severity of the injuries, the long-term effects on the victim’s life, and the overall case circumstances.
- Loss of Consortium – This compensation is available to the accident victim’s spouse if the injuries have significantly affected their relationship. Loss of consortium refers to the loss of companionship, affection, and support that the spouse would have received if the victim had not suffered an injury. In cases where the victim’s injuries lead to permanent disability or disfigurement, the spouse may be entitled to compensation for the emotional and relational effects.
- Emotional Distress – Emotional distress compensation is intended to compensate for the psychological trauma the accident caused. Emotional distress can include anxiety, fear, depression, and other emotional issues that affect the victim’s quality of life. Emotional distress can be especially relevant in cases involving severe or disfiguring injuries, as the victim’s mental health may suffer as a result of their physical condition.
- Punitive Damages – Punitive damages are not meant to compensate the victim for their losses but to punish the at-fault party for particularly reckless or malicious behaviour. These damages are awarded in cases where the at-fault party’s (defendant’s) actions were grossly negligent or intentional, such as driving under the influence or deliberately causing harm. Punitive damages are meant to deter similar behaviour in the future and serve as a form of legal punishment.
Speak to an Experienced Motorcycle Accident Lawyer Right Away
If you recently suffered injuries in a motorcycle collision, a knowledgeable motorcycle accident lawyer can handle the legal steps of your case and aggressively fight for your interests. Your Edmonton personal injury lawyer will also represent you during various legal proceedings and work to maximize your total compensation award.
