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Motorcycle Injury Claim When the Rider Wasn’t Wearing Helmet

A fatal collision or a collision resulting in serious injuries can change lives for those who were involved in vehicular accidents

According to the Canadian Medical Association Journal (CMAJ), motorcycle accidents are ten times more severe than car accidents. This means that the medical costs are six times higher, and fatality rates are five times higher than those with car accidents. This is why laws requiring every rider to wear a helmet when riding a motorcycle were crafted. 

A helmet plays an essential role in keeping motorcycle riders safe and minimizing instances of injuries in an accident. According to Ontario law, all motorcycle operators and their passengers must wear helmets. However, this law does not extend to include bicycle riders.

Statistics Canada reported that the number of fatalities and serious injuries resulting from car and motorcycle accidents had been slowly decreasing. But, people should still not be complacent with this data and need to drive safely. 

Importance of Wearing Helmet to Prevent Motorcycle Injuries

Studies have proved a correlation between wearing a helmet when riding and a decrease in the severity of head injuries sustained by motorcycle riders. 

A helmet protects your head by absorbing part of the impact sustained when your head hits the ground or against any other hard surface. It reduces the deceleration of the skull, and hence the brain movement, by managing the impact.   

However, motorcycle helmets cannot protect riders from concussions. Note that the primary cause of concussions is the sudden movement of the brain within the skull due to an impact, especially if your head hits a hard surface.   

Main Causes of Motorcycle Accidents

Main Causes of Motorcycle AccidentsIn a motorcycle accident, the rider typically faces one of two scenarios. 

First, they may be thrown off the motorcycle and onto the pavement or grass below. At this point, the victim slides along the ground until his or her body finally stops moving. Second, the motorcyclist may collide with a car or truck at a rapid speed.  In both situations, it is nearly impossible to lessen the impact or avoid injury.  

There are some causes of motorcycle accidents:  

  • Drunk and Impaired Driving. According to MADD, vehicle accidents caused by drivers using alcohol and/or drugs are a leading criminal cause of death in Canada. There are an estimated four people who die or get seriously injured every day due to drunk and impaired driving
  • Left-turning cars and trucks. Vehicles making a left turn pose a serious threat to motorcycle riders, and it’s not just by turning into the path of an oncoming motorcyclist. Riders are in danger when a left-turning vehicle fails to notice the motorcycle passing it on the left. 

Speeding, Aggressive, and Stunt Driving. Speeding is responsible for one-third of fatalities on the road. Failure to follow the speed limits results in severe injuries and deaths. Speed of 50km per hour over the limit is considered stunt driving and can result in vehicle impounding and driver’s license suspension for up to 10 years.

Motorcycle Injury Claims

Motorcycle Injury ClaimsAfter being injured in any motorcycle accident, your first two priorities are (1) report the collision to the police and (2) see a doctor. 

Any accident involving injuries must be reported. The police accident report serves a proof of the accident, which will be beneficial when you claim for any compensation. 

The next thing you should do is visit a doctor or hospital immediately and request a complete assessment of your injuries. 

In Ontario, there are two options available to any riders who were injured in a collision. You can claim for accident benefit against your insurance policy under Ontario’s ‘no-fault’ insurance. 

Looking for legal assistance for your motorcycle accident claim in Alberta? Speak to a motorcycle accident lawyer today.

Call a motorcycle accident lawyer today

The accident benefits you may be entitled are defined in Ontario’s Statutory Accident Benefits Schedule (SABS). It includes compensation for lost income, medical and rehabilitation costs, attendant care, caregiver benefits, death and funeral expenses, housekeeping, and home maintenance expenses. 

Accidents should be reported to your insurer within seven days or as soon as possible. Failure to do so will result in the rejection of your claim by the insurance company. 

Damages are the compensation given to the accident victim in a negligence suit. If a negligent driver was responsible for your accident, you could sue them for damages. 

The objective of damages is to allow the injured person to return to the same state of wellness and position that they were in before they became disabled, as much as possible. 


What happens if the rider wasn’t wearning a helmet in a motorcycle injury claim? Get answers by talking to a personal injury lawyer from Diamond & Diamond Law today.

You as a victim may be entitled to the following damages:

  • Pain and suffering. This is an amount of compensation awarded to you for the loss of enjoyment of life due to the effect of their injuries.
  • Financial losses. You are entitled to receive compensation for financial costs that resulted from your injury, which includes:
    • lost past and future income
    • medical and rehabilitation expenses
    • housekeeping expenses
    • loss of competitive advantage in the marketplace
    • out-of-pocket expenses.

Your family members are entitled as well to compensation under the Family Law Act.

More Info on Motorcycle Injury Claims

Common Motorcycle Injuries

These are some of the common motorcycle injuries suffered by motorcycle riders:

  • Traumatic Brain Injuries
  • Spinal Cord Injuries
  • Lower-extremity Injuries
  • Internal Injuries
  • Fractures
  • Road Rash

Statutory Accident Benefits

These are the statutory accident benefits you may qualify:

  • Income replacement
  • Non-earning (a lesser amount for those who do not qualify for income replacement)
  • Caregiving (for those who are no longer to provide care for others)
  • Medical care for injuries related to your accident
  • Rehabilitation to help you recover to your pre-accident state
  • Attendant care if you are not able to care for yourself after the accident
  • Death and funeral expenses

Tort Claim

You can file for tort claim even if you’re partially at fault for the accident. Here are some of the factors that determine the amount of compensation you may receive for your motorcycle accident tort claim:

  • Liability
  • Amount of Insurance
  • Medical Bills
  • Lost Wages
  • Pain and Suffering
  • Bias and Prejudice

Getting hurt in a motorcycle accident in Alberta can be difficult already in itself, let alone filing for damages in order to claim your compensation and agree with a settlement. Diamond & Diamond’s personal injury lawyers have the experience to evaluate your case and help you claim compensation for your injuries.

Did you know

The severity of the motorcycle accident injury is a huge factor that affects the value of pain and suffering damages. Other factors such as type of medical treatment received, the length of recovery time, and possible long term effects of the personal injuries are also considered for the settlement.

Reaching Out To A Motorcycle Accident Lawyer in Alberta

Navigating the world of accident benefits can be confusing, and you may find dealing with the insurance company stressful. 

An experienced personal injury lawyer can help you understand your rights and obligations as an insured person and help you when denied benefits. A lawyer can also help you put the at-fault party “on notice” that you intend to commence legal action against them and help you to build your case. 

They will also make sure you understand all the limitation periods (deadlines) that apply and your responsibilities during your claims/lawsuit. 

Working with a lawyer will save you from dealing with the insurance company directly as they will communicate with them on your behalf. They can also help you if you have group disability coverage and your short-term or long-term disability claim is denied.

As with accident benefits, your lawyer will communicate with the insurer to make life less stressful for you.

FAQs about Motorcycle Injury and Claims

How is a settlement paid out?

Compensation for a personal injury can be paid out as a single lump sum or as a series of periodic payments in the form of a structured settlement. Structured settlement annuities can be tailored to meet individual needs, but the terms cannot be changed once agreed upon.

Can getting an MRI increase my settlement value?

An MRI does increase the value of your settlement. Because of the increased cost, the MRI typically increases compensation on its own. Any injuries documented with the scan may also contribute to your case as proof of damage during your accident. To help your case, MRIs should be performed within the first weeks after your crash as you begin to experience symptoms.

How long does it take to negotiate a legal settlement?

Negotiating a legal settlement may be done for a couple of weeks or more, which can even take for years. It depends because there are a lot of factors that should be considered relating to the accident. Working with a lawyer right away can be your best way to ensure that your case gets settled as quickly as possible.

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