Motorcycle accidents in Calgary frequently result from other drivers’ reckless behaviour. If you suffered injuries in a recent motorcycle crash, take several important steps right away, including seeking ongoing medical treatment and retaining a skilled motorcycle accident lawyer to represent you throughout your case.
Your motorcycle accident lawyer in Calgary can promptly file a claim with the appropriate insurance company on your behalf, handle all settlement negotiations, and, if necessary, pursue litigation in the Alberta Court System.
Important Steps to Take after a Calgary Motorcycle Crash
Following a motorcycle accident in Calgary, take prompt and strategic steps to protect your well-being and establish a strong foundation for your case.
First, seek immediate medical attention for any injuries you suffered in the accident. Prioritize your health. A timely medical evaluation not only ensures your well-being but also establishes a documented record of your injuries. You should also follow through with any recommended medical treatment.
Simultaneously, contact the local authorities to report the accident. Law enforcement will create an official accident report that documents the details of the incident. This report establishes the facts surrounding the accident and can determine liability (or fault) for the accident.
Collecting information at the accident scene is also essential. Specifically, you should exchange contact and insurance details with all of the other involved motorists.
Additionally, you must gather contact information from any witnesses who observed the motorcycle accident firsthand. Their statements can provide essential support for your case, offering additional perspectives on exactly how the collision unfolded.
Photographing the accident scene and any visible injuries can also strengthen your position significantly. You’ll want to capture images of the vehicles involved, roadway conditions, and any contributing factors to the accident.
These visual records serve as compelling evidence during potential legal proceedings, including trials and binding arbitration hearings.
Once you have attended to these immediate concerns, it’s essential to contact your insurance company promptly. You should inform them about the accident and provide accurate details.
However, you must exercise caution to avoid making statements that can be misconstrued as admitting fault. Stick to the facts, and let your motorcycle accident lawyer handle further communications and negotiations with all involved insurance companies on your behalf.
Engaging a skilled personal injury lawyer is a necessary step when it comes to navigating the legal complexities of your case effectively. A lawyer with experience in motorcycle accidents can assess your case details, provide you with valuable advice, and guide you throughout the process.
Initiating the claims process involves sending a settlement demand letter to the at-fault party’s insurance company. This document outlines the accident circumstances, the injuries which the motorcyclist suffered, and the compensation that the motorcyclist is seeking to recover. Ongoing settlement negotiations may then occur in pursuit of a fair offer.
If the parties cannot reach an agreeable settlement number, then filing a lawsuit becomes the next step in the process. Your lawyer will guide you through the legal proceedings, including discovery, depositions, alternative dispute resolution (ADR), or trial, and work to build a compelling case, present evidence, and advocate for your rights throughout the process.
Common Causes of Calgary Motorcycle Accidents – and Where These Accidents Most Frequently Occur
Motorcycle accidents in Calgary often stem from a combination of factors, highlighting the need for increased awareness and safety measures on area roads.
Visibility can contribute to these accidents. The drivers of large vehicles can overlook smaller motorcycles. This risk increases at traffic intersections and during lane changes, where a motorcycle’s smaller profile can make it less visible to other motorists.
The failure of other drivers to yield the right-of-way to motorcycles is another common cause of accidents. In certain situations, drivers may struggle to accurately determine the speed of an approaching motorcycle, or they might misjudge its distance. This failure to yield can lead to both intersection accidents and sideswipe accidents.
Adverse weather conditions also contribute to motorcycle accidents in Calgary. Slippery roads due to rain or snow pose increased risks for motorcyclists – especially when other drivers speed and commit traffic law violations.
Additionally, potholes and uneven road surfaces can be hazardous for motorcyclists, especially given the reduced stability of motorcycles when compared with four-wheeled vehicles.
Areas with heavy traffic, such as congested urban zones, are also frequent locations for motorcycle accidents. The stop-and-go nature of city traffic can result in rear-end collisions, with motorcycles particularly vulnerable to being sandwiched between larger vehicles. Busy intersections, characterized by complex traffic patterns, are also prone to accidents involving motorcycles.
Left-turn accidents are another common category of motorcycle collisions. These accidents frequently happen when oncoming vehicles fail to yield to motorcycles attempting a left turn. Misjudging the speed of an approaching motorcycle in these situations can result in serious and sometimes fatal collisions.
If you recently suffered injuries in a motorcycle crash that resulted from someone else’s negligence, an experienced motorcycle accident lawyer in Calgary can meet with you to discuss the collision, gather important documentation, and determine the legal options applicable to your case.
Common Injuries in a Calgary Motorcycle Collision
Motorcycle collisions in Calgary resulting from another driver’s negligence can lead to a range of common injuries that highlight the vulnerability of motorcyclists on the road.
One common type of injury is a traumatic brain injury (TBI). In these accidents, the impact may cause the motorcycle rider’s head to strike the ground or other hard surfaces, leading to concussions or more severe TBIs. The consequences of TBIs can vary from headaches and dizziness to long-term cognitive impairments.
Spinal injuries are also frequently observed in motorcycle collisions. The force of impact can lead to fractures, herniated discs, or even spinal cord injuries. These injuries may result in varying degrees of impairment, affecting motor function and potentially leading to long-term consequences.
Road rash is another common – and often underestimated – injury in motorcycle accidents. When a rider makes contact with the road surface during a collision, friction can cause abrasions and skin injuries, ranging from mild scrapes to more severe road rash. These injuries often require extensive medical attention and can lead to unsightly scarring.
Fractures are also prevalent in motorcycle collisions, affecting various parts of the victim’s body, including their arms, legs, and ribs. The impact force can lead to bone fractures, ranging from minor to severe, depending upon the circumstances of the accident. Fractures can significantly limit mobility and may require surgical intervention and physical therapy for proper healing.
Soft tissue injuries, such as sprains and strains, are common consequences of motorcycle collisions. The sudden deceleration or impact can lead to the stretching or tearing of muscles, ligaments, and tendons. These injuries can be painful and may require rehabilitation for a full recovery.
Facial injuries, including fractures and lacerations, are also frequently observed in motorcycle accidents. Even with the use of helmets, riders can suffer injuries to their face, potentially affecting vision, breathing, and overall facial function.
Psychological injuries, such as post-traumatic stress disorder (PTSD) and anxiety, are also significant outcomes of motorcycle collisions. The emotional trauma resulting from a serious accident can have lasting effects on a rider’s mental well-being, requiring proper attention and support for recovery.
An experienced Calgary motorcycle accident lawyer can handle the legal components of your case while you focus on making a full recovery.
How to Prove the Legal Elements of a Motorcycle Accident Claim in Calgary
Proving the legal elements of a motorcycle accident claim or lawsuit in Calgary, Alberta, requires a systematic approach to build a compelling case.
The key elements include establishing negligence, demonstrating causation, and showcasing damages.
- First, demonstrating negligence involves proving that the other party – usually the driver at fault – failed to exercise reasonable care under the circumstances, thereby causing the accident. This can be established through evidence such as witness statements, accident reconstruction reports, and traffic violations that the negligent party committed. Gathering and presenting this information is crucial to show that the other driver’s actions deviated from the standard duty of care normally expected on the road.
- Causation is the second critical element to prove. It involves establishing a direct link between the negligent actions of the other driver and the injuries which the victim suffered in the accident. Medical records, expert testimony, and thorough documentation of injuries are essential in demonstrating this causal connection.
- Additionally, documenting damages is fundamental to building a robust case. This includes both economic and non-economic damages. Economic damages involve quantifiable losses, such as lost income and loss of earning capacity. Comprehensive medical records and expert opinions can help to establish the financial effect of the motorcycle accident. Proving non-economic damages, encompassing pain and suffering, emotional distress, and loss of enjoyment of life, requires a different approach. Witness testimony, psychological evaluations, and documentation of the effects on daily activities all show the intangible losses that the victim suffered.
- Photographs from the accident scene, medical documentation, and any available surveillance footage can serve as compelling visual evidence supporting the case. Additionally, eyewitness accounts and expert testimony, if available, can further strengthen the overall presentation.
Engaging a personal injury lawyer with experience in motorcycle accidents is pivotal. A skilled lawyer can navigate the legal complexities, assess the strength of the case, and guide the accident victim throughout the process.
A skilled lawyer plays a crucial role in gathering evidence, communicating with insurance companies, and, if necessary, beginning legal proceedings in the court system.
Recovering Monetary Damages for Motorcycle Injuries in Calgary
In the aftermath of a motorcycle accident in Calgary, Alberta, victims may be entitled to recover damages to address their losses.
One crucial category of potential damages is lost earnings. If the injuries sustained in the motorcycle accident hinder the victim’s ability to work, compensation may be available for income lost during the recovery period. This includes both immediate and anticipated lost earnings.
Loss of earning capacity is a distinct form of compensation that acknowledges the long-term effect on the motorcycle accident victim’s ability to earn income. If the injuries lead to diminished work capacity or reduce the ability to pursue certain types of jobs, victims can seek compensation for this long-term financial loss.
Lost income and loss of earning capacity together represent economic damages – quantifiable losses with a direct financial effect. However, motorcycle accident victims may also be eligible to recover certain types of non-economic damages, addressing the intangible consequences of the incident.
Pain and suffering – a significant component of non-economic damages – compensate accident victims for the physical and emotional distress they experience due to their accidents.
Other non-economic damages may include compensation for emotional distress, mental anguish, and loss of life enjoyment. These intangible hardships resulting from the accident, though difficult to quantify, are recognized in the legal process to ensure a thorough approach to compensation.
Engaging in a claim or lawsuit also enables victims to seek compensation for loss of consortium, addressing the effect of their injuries on personal relationships, companionship, and emotional support from spouses or family members.
A skilled motorcycle accident lawyer in Calgary can determine which of these damages you may be eligible to recover in your case and can estimate your claim’s likely settlement or verdict value.
Speak with a Calgary Motorcycle Accident Lawyer Today
If you suffered injuries in a Calgary motorcycle collision that resulted from someone else’s negligence, it’s important that you take prompt legal action right away.
Motorcycle accident victims ordinarily have just two years from their accident date to file a personal injury lawsuit. Otherwise, they may inadvertently waive their right to recover the financial compensation they need.
A knowledgeable Calgary personal injury lawyer can begin working on your case right away by gathering police reports, medical records, and other important documentation. They can then file a timely claim or lawsuit on your behalf in pursuit of the financial damages you deserve.
