Motorcycles are commonly used for transportation and recreation across Canada. Although convenient and popular, they come with inherent risks for drivers and passengers because they don’t provide as much protection as a car.

As a result, motorcyclists face a heightened risk of sustaining serious injuries or even wrongful death when they’re involved in accidents. Despite legislation, safety programs, and driving courses, motorcycle riders remain vulnerable on Canadian roads.

On average, there were 180 motorcycle fatalities recorded every year in Canada between 2016 to 2020. In 2021, motorcyclists accounted for 3.1 percent of motor vehicle fatalities and 13.9 percent of severe injuries.

The latest available data from Nova Scotia reveals that motorcycles represented 6.4 percent of the annual five-year average of motor vehicle fatalities and collisions between 2013 to 2017.

As the most convenient mode of transport in Nova Scotia, motorcycles are probably one of the province’s frequent sources of severe injuries in vehicular accidents.

Have you or a family member been injured in a motorcycle accident in the province? If so, an experienced motorcycle accident lawyer in Nova Scotia can get you the compensation you deserve for your injuries and losses.

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Common Motorcycle Accident Injuries and Their Causes

Aside from lacking the protection of an enclosed vehicle, motorcycles are relatively lighter and smaller, which make them difficult to spot on the road.

Compared to car accidents, collisions involving motorcycles tend to be more severe and are more likely to result in catastrophic injuries. Common injuries suffered from motorcycle accidents include the following:

Spinal cord injuries
Traumatic brain injuries
Broken bones and fractures
Road rash
Lower-extremity injuries
Internal injuries

There are many hazards that can make motorcycle riders more vulnerable to accidents and injuries. For example, inclement weather can reduce traction, which can increase the risk of losing vehicle control. Similarly, if roads aren’t properly maintained, they can have potholes, which are dangerous for all vehicles but particularly so for motorcyclists.

Though motorcycle accidents can happen for a variety of reasons, the most common reasons include:

Driving at excessive speed
Losing control while driving
Switching lanes unsafely
Inattentiveness and distractions while driving
Not putting enough space between vehicles

Possible Legal Options for Motorcycle Accident Cases in Nova Scotia

Motorcycle accidents can have devastating consequences, ranging from severe injuries to property damage and financial losses. After such a traumatic event, it’s important to be aware of your legal rights so that you can focus on your recovery while your lawyer can take care of everything else.

The help of a motorcycle accident lawyer is very important in these cases. Here’s a list of the legal remedies you can pursue with the help of a skilled motorcycle accident lawyer:

Accident benefits

Nova Scotia employs a no-fault insurance system, which means that your insurance company will pay you regardless of who is at fault. This reduces the time necessary to receive compensation.

Under Nova Scotia’s Insurance Act, insured drivers who sustain injuries in a motorcycle accident are entitled to Section B benefits, which is also known as No-Fault or accident benefits. It provides up to $50,000 coverage for necessary and reasonable medical expenses.

Moreover, if the motorcycle accident injury prevents you from working, Section B also allows you to recover up to 80 percent of your regular wages, or a maximum of $250 per week for lost income, whichever amount is less.

Insurance claims

If the other driver was at fault, you can also file a claim with their insurance company. In rare cases, it can be clear that the other driver was at fault, so you can easily negotiate a reasonable settlement with their insurance company.

This, however, isn’t very common, as initial settlement offers from insurance companies are hardly ever fair compensation. The process can become even more complicated if the other driver has low insurance policy limits or no insurance at all.

There are also cases where the insurance company will decline responsibility for the accident. In these situations, you’ll need your lawyer to prove that you were injured because of the other driver.

Additionally, your insurer may have to cover collision claims for vehicle repair costs if you’re partially responsible for the accident.

Civil litigation

Alternatively, you can also file a lawsuit in court if you can’t reach a reasonable settlement with the at-fault driver and their insurance company. This process generally begins with filing a Notice of Action and Statement of Claim, which outlines the relevant facts to your personal injury case, with the court.

Remember that there are many steps along the way, and you can complete the entire process by yourself. However, individuals who go to court without a lawyer have a lower chance of success than those who are represented by a lawyer.

How Motorcycle Accident Lawyers in Nova Scotia Can Help You

Many accident victims shy away from hiring a lawyer because of the potential costs. After being injured in an accident, the last thing anyone wants to do is to incur more expenses. Since not all cases require a lawyer, many people don’t hire one so that they can save money.

However, not consulting a lawyer can be costly and compromise your chances of receiving fair compensation, especially if the case is complex. Moreover, navigating a motorcycle accident claim can be tricky if you’re not familiar with the applicable laws.

If you’re worried about the costs, you can find a lawyer who offers a contingency fee arrangement. This means that you don’t need to pay the lawyer upfront. Instead, the lawyer gets paid only if they win your case.

If you’re still not sure about hiring a lawyer, many law firms also provide free consultations. This will give you an opportunity to briefly discuss your situation and ask questions about how to move forward with your personal injury claim.

A consultation can assist you in making a more informed decision about whether you need a lawyer. Listed below are the benefits of hiring a motorcycle accident lawyer.

Demonstrate fault for the motorcycle accident

Establishing fault is one of the most important elements in a motorcycle accident claim. Even if you didn’t cause the accident, you must provide evidence that the other party was at fault.

That will require strong attention to detail and a deep understanding of accident reconstruction and the applicable laws. Moreover, determining fault can become more complex if you caused or were partially responsible for the accident.

Nova Scotia follows the contributory negligence system. If both parties are responsible for the accident, under the Contributory Negligence Act, the injured party’s degree of fault will reduce the amount that they can recover in their claim.

Insurance companies will use your fault to get away from paying you the compensation you deserve. However, a competent lawyer will know how to approach this situation and make sure that you receive fair compensation.

Determine the appropriate compensation amount

Medical expenses aren’t the only losses you’ll sustain in a motorcycle accident. Depending on the severity of your injuries, you may also suffer from significant pain and suffering and other non-pecuniary losses.

These losses, however, don’t have an exact monetary value, so they’re more difficult to prove. A lawyer will consider all these factors and make sure that you’re properly compensated for all your injuries and losses.

Your lawyer will evaluate your medical records and insurance policy and obtain a police report and expert testimonies. All of this will help to prove your injuries and that the other was at fault.

Negotiate a fair motorcycle accident settlement

Dealing with insurance companies is challenging. They’ll use different tactics to make it difficult for you to pursue your motorcycle accident claim. Even if they appear friendly, they don’t have your best interests in mind. Remember that their ultimate goal is to pay you a low settlement amount.

You can boost your chances of receiving fair compensation by retaining a lawyer. They know how to negotiate with insurance companies, and they know the law, so they can substantiate your claim with evidence.

Represent you and your interests in court when necessary

If the at-fault driver’s insurance company isn’t willing to provide fair compensation, you may need to bring your case to court, where the role of your lawyer will become even more important.

They will cross-examine witnesses and present evidence to support your case. They will advocate for your rights and make sure that you obtain the most favourable legal outcome.

Get Dependable Legal Support From Diamond & Diamond Novia Scotia

Even if you have a valid legal claim, recovering fair compensation after a motorcycle accident is very difficult. Insurance companies, judges, and juries often perceive motorcyclists as reckless drivers, who constantly violate traffic rules on the road.

Such pre-existing biases can lead to the incorrect assumption that they’re at fault for the accident. An experienced lawyer, however, can counter these assumptions by providing solid evidence that the other driver was at fault.

Our team of lawyers at Diamond & Diamond Nova Scotia has years of experience representing injured victims in personal injury accidents. Contact us now for a case review, so that we can provide you with the support your case requires.

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Experienced Motorcycle Accident Lawyers in Nova Scotia