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Motorcycle Accident Lawyers Calgary

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If you are involved in a motorcycle accident it can have life-changing consequences. Due to their lack of protection, motorcycle riders who are struck by larger passenger vehicles could suffer catastrophic – even fatal – injuries. Those who survive motorcycle accidents often find themselves struggling to cope with the physical, emotional, and financial repercussions.

In Alberta, deadly motorcycle accidents are, tragically, on the rise. In one recent year, Alberta saw a 90% increase in fatal motorcycle crashes. Unfortunately, even the most cautious, responsible motorcyclist could have their life cut short because of the negligence of another driver. According to Alberta’s Traffic Safety Act, all motor vehicle operators in the province owe a duty of care to other road-users, including motorcycle riders. Unfortunately, many operators of larger commercial or passenger vehicles fail to exercise a reasonable degree of caution when sharing the road with motorcycles. Drivers who exceed the posted speed limit, change lanes improperly, text while driving, operate their vehicles under the influence of alcohol and/or drugs, or engage in any other form of negligent behaviour behind the wheel could be responsible for killing or severely injuring an unsuspecting motorcyclist.

What You Need to Know About Motorcycle Accident Claims

What You Need to Know About Motorcycle Accident Claims in Alberta - 1-800-JUSTICE®

Common types of injuries from motorcycle accidents in Calgary

Injured motorcycle accident victims often sustain a variety of physical injuries which might range in severity from moderate to catastrophic. These injuries frequently include:

  • Broken or fractured bones
  • Cuts and lacerations
  • Strains and sprains
  • Musculoskeletal injuries
  • Facial and dental injuries
  • Internal organ damage
  • Neck and back injuries
  • Spinal cord injuries
  • Paralysis
  • Concussions
  • Traumatic brain injuries
  • Amputations
  • And more

Depending on the severity of your injuries, you may require complicated surgeries and medical treatments, dramatic lifestyle adjustments, live-in attendant care, the use of medical equipment, psychological counselling, and other costly expenses. Few people are prepared for the financial strain that often accompanies severe injuries.

This is especially true if your injuries prevent you from performing the duties of your job. In addition to injury-related financial losses, if you cannot continue working you could incur substantial financial losses in the form of lost wages. If their injuries make it impossible for you to continue working in your occupational field or precludes you from seeking career advancement opportunities, you may have sustained a reduced future earning capacity.

The days, weeks, months, and even years following a serious, injury-causing motorcycle accident can be physically challenging, emotionally draining, and expensive. You may be unsure of where to turn to recover proper compensation for their damages.

No matter who was responsible for causing the collision, if you are injured in a motorcycle accident you should be able to recover Section B benefits to help offset certain injury-related expenses. Unfortunately, given the severity of injuries often sustained by motorcycle accident victims, the coverage available in the form of Section B benefits will likely not cover an injured motorcyclist’s total financial losses.

By working with our Calgary motorcycle accident lawyers, people who have been injured in collisions caused by negligent drivers may be able to recover compensation by pursuing legal action against the at-fault motorists whose wrongful actions on the road were responsible for their injuries. To learn more, contact us today.

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Common Challenges Faced by Calgary Motorcycle Accident Victims

Operating a motorcycle requires skill, alertness, and an abundance of caution. Experienced motorcyclists appreciate that making the smallest error on the road could be a matter of life and death. This is why, by and large, motorcycle riders are among some of the most safety-cautious road-users.

Unfortunately, many people hold an unfair bias against motorcycle riders. In popular media, motorcyclists are generally characterized as lawless thrill-seekers. Perhaps because of this, insurance providers may exhibit prejudice against injured parties in motorcycle accident claims. That is one of the reasons why if you are injured in a motorcycle accident, you may face more challenges than the victims of passenger vehicle accidents.

Insurance companies could even deny your claim or use all the legal tools available to them in the law to minimize the amount of compensation they will receive. They may blame you for the accident, and offer low settlement offers, which can cause financial strain to you and your family.

Injuries sustained by motorcycle riders are usually more severe in nature, requiring ongoing medical attention and expenses. The law requires you to prove that your injuries were someone else’s fault, and to prove the extent of your injuries and the costs of treatment and future treatment. Sadly, if you are unable to provide the necessary evidence the compensation provided by insurance providers may not be sufficient to cover the full extent of the injuries and expenses you have incurred.

Dealing with insurance providers after a motorcycle accident can be stressful and traumatic for you, particularly if you are coping with physical and emotional injuries and overwhelming financial strain. You may need to navigate a complicated claims process, deal with insurance adjusters, and attend medical appointments, all while recovering from your injuries and putting your life back together.

That is why legal assistance and support from our lawyers can be so beneficial. Our lawyers handle all aspects of your case. We focus on the details so that you can focus on your recovery.

If your injury-causing collision was the result of someone else’s negligence, our motorcycle accident lawyers may be able to help you pursue a civil claim against the at-fault driver. By doing so, we may be able to help you recover the compensation you deserve. To learn more, call Preszler Injury Lawyers today for a free consultation with our Calgary motorcycle accident lawyers.

The importance of medical evidence in motorcycle accident claims

The medical aspects of a motorcycle accident can be some of the most complicated parts of your claim. Human physiology is complicated, and often nuanced. If you are involved in a motorcycle accident, it may take a great deal of time and effort to determine exactly what is wrong with you, and what that means for your future.

Motorcycle accidents tend to be traumatic for a motorcycle rider. The lack of protection afforded by a standard automobile means a motorcycle accident victim’s body will often strike other objects in addition to the acceleration/deceleration aspect of the accident. This means that you are more susceptible to breaking bones, harming joints, and sustaining concussions. It also means that you are more likely to sustain multiple injuries rather than one discrete injury.

If you are injured in a motorcycle accident, the progress of your injuries overtime is variable. You may suffer a broken bone in your arm and think that was the worse injury you received from the accident, but discovery after six months that your broken arm got better but your sore neck from whiplash never did. Adding to this, the symptoms you may experience in multiple accidents can overlap. For example, you might think your arm hurts because it was broken in the accident, but in fact you may have developed radiculopathy from your neck, or thoracic outlet syndrome, or some other type of radiating pain from a different part of your body. Finding out what is causing this symptom or that can be challenging.

If you are like most people, then you likely have some health issues that pre-date your accident. Some of those issues could include joint or back pain. These previous conditions can be exacerbated by an accident. If exacerbated, the onset of new symptoms or worsening symptoms can be partially or fully the fault of the at-fault party.

If you have suffered a psychological injury, that will affect your physical symptoms too. If you are in pain, and cannot work, and are anxious about your future and depressed by your circumstances, that can worsen your physical pain, which can worsen your emotional pain in a vicious cycle. There is a growing body of research that recognizes the bi-directional causal relationship between physical pain and emotional pain. If you think about it, this makes sense. Pain is something that is experienced in the mind, as are emotions. It is not surprising that the two are closely linked. This makes the importance of medical evidence in your claim more important. Your injuries may require multiple disciplined medical specialists to fully prove your injuries.

If you have suffered a concussion in addition to physical and emotional injury, this can have another layer of effect. A concussion is a physical injury or blow to the grey matter of your brain. Your mind and consciousness, as far as we can tell, is an emergent quality of the grey matter of your brain. Where you feel pain and emotion exists in the delicate dance of neurons and neural connections within your brain. If you sustain a physical injury to those neurons it is going to further affect your emotions and pain perception – and not in a good way.

Finally, if you experience sleep disruption, that can be caused by all of the above injuries, further complicates the picture of what is going on in your body and why.

If you are injured in a motorcycle accident, you will likely be met with a simplistic description of your injuries by insurance companies. This is not only inaccurate, but it minimizes your suffering. Broken bones are supposed to get better. Sore necks are no big deal. Maybe you got your bell rung, but is that really that serious? Meanwhile you have lost your job and cannot maintain your relationships. Countering overly simplistic descriptions of what are extremely serious but nuanced injuries requires the right medical evidence.

If you have been injured in a motorcycle accident, call one of our motorcycle accident lawyers today. We provide free consultations. We will also work diligently to make sure you the get right medical evidence to prove your claim and get the compensation you deserve.

Contact Our Calgary Motorcycle Accident Lawyers For Your Free Initial Consultation

Navigating the claims process, obtaining fair compensation from your insurance provider, and pursuing justice for your injuries can be challenging. At Preszler Injury Lawyers, we appreciate the challenges faced by injured survivors of motorcycle accidents. That is why our motorcycle accident lawyers offer a free initial consultation.

Preszler Injury Lawyers work on a contingency-fee basis, which means that you don’t pay anything unless we win your case. This can provide peace of mind and alleviate financial stress during a difficult time. Book your free initial consultation with our legal team today and take the first step towards getting the justice you deserve.

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Commonly Asked motorcycle accident Questions

Here are our most asked questions on motorcycle accident claims.

The first and most important step is to seek medical attention. If you are able to remain at the scene of the accident, it is important to obtain the information of the other drivers and vehicles involved, as well as the names and contact information of potential witnesses.

The most common causes of motorcycle accidents include speeding, distracted driving, impaired driving, and careless driving. Many motorcycle accidents are caused by other motorists who fail to yield to motorcyclists.

Common injuries include brain injuries, orthopedic injuries, fractured bones, spinal cord injuries, soft-tissue injuries, psychological injuries, such as fear of driving, and more.

A personal injury lawyer can help with proving who caused the accident and the impact the injuries have had on your life. If you are unable to prove that the other driver(s) were at fault, your case may be dismissed, irrespective of the level of injury. A personal injury lawyer can help investigate fault using several different avenues, including the retention of forensic engineers who can reconstruct the accident scene and more.

Compensation can include pain and suffering, loss of past and future income loss, future care costs, out-of-pocket expenses, loss of housekeeping capacity, and more. The goal of compensation is to put you back in the same place had the accident not occurred. Without a time machine, this means bringing you back to the same position, insofar as possible, with monetary compensation.

As a motorcyclist, there is an expectation that you take reasonable steps to protect yourself from injury. That includes wearing a helmet, gloves, boots, and other protective gear. Your settlement amount may be impacted if you failed to wear protective gear that would have prevented or lessened the extent of your injury. For example, if you sustain a foot injury but are not wearing a helmet, this should not impact your settlement since a helmet would not have protected your foot.

Yes. Who the insurance company determines as the at-fault party does not determine who is or will be found to be at fault for an accident in the eyes of the law. If you were injured in a motorcycle accident and the insurance company says it’s your fault, it is recommended that you speak with a personal injury lawyer.

In Alberta, there is a general limitation period of 2 years from the date of the accident. There are some exceptions to this rule, and it is recommended that you speak with a personal injury lawyer for more information.

Compensation is assessed based on separate heads of damage. Pain and suffering, for example, will depend on your injuries, how the injuries impair your function, how they impact your personal life, relationships, and more. Other heads of damage include lost income, future loss of income or opportunity, out-of-pocket expenses, future care costs, loss of housekeeping capacity, and more.

It is not recommended to accept an offer of compensation without first speaking with a personal injury lawyer.

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