Injuries from motorcycle accidents can be some of the most severe due to the fact they riders do not have the level of protection that being inside of a vehicle provides. Accidents can happen while riding motorcycles with other motorized vehicles, animals, road debris, slippery road conditions, poor vehicle design or poor road design. Often riders on bikes are thrown from their motorcycle, causing significant injuries.
The most common injuries we see at our firm of accidents involving motorbikes are orthopedic injuries, head trauma, bruising, spinal injuries, dental/oral injuries, neck trauma, nerve damage, and road rash. These injuries can lead to missed time from work, future care costs and long-term pain and suffering. While motor vehicle fatalities have declined for the most part in the last ten to fifteen years, motorcyclists have experienced an increase in injuries and fatalities over the same period. Drivers are becoming increasingly distracted due to technological advances and may not see a motorcyclist when doing things such as texting, using a Bluetooth/cellphone, listening to audiobooks or looking at their GPS. They also may not notice a driver of a bike when changing lanes, entering an intersection, exiting a parking lot or making a left-hand turn.
No Fault Mandatory Benefits/Section B of Insurance
If you are involved in a motorcycle accident in Nova Scotia, you are entitled to certain medical and wage benefits through your insurance provider. These benefits include medical benefits for services such as physiotherapy, massage therapy, chiropractic care, osteopathy, assistive devices and medication; a wage loss component for time missed from employment; and travel expenses. There is coverage for these benefits regardless of who is at fault for the collision and your insurance premiums will not increase if you access these benefits. As of 2018, the maximum amount of coverage everyone is entitled to under this portion of the insurance policy is $50,000.00 or four years of coverage from the date of the accident. Although this sounds like a significant sum of money, accidents involving orthopedic injuries, or extensive dental damage can use these maximums quite quickly.
Third Party Action
If you’ve been injured in a motorcycle accident due to the negligence of another driver, you are entitled to bring a claim for damages against the other driver and need the best representation possible to ensure you receive fair compensation for your injuries.
The claim against the third-party driver for damages will include compensation for the following losses: medical treatment the Section B of insurance does not cover, General Damages for the pain and suffering you endured, loss of wages not covered by any other source (Such as: Short Term Disability, Long Term Disability, Unemployment Insurance, Section B Weekly Indemnity, or Sick Benefits), Future Losses you will suffer, Out of Pocket Expenses, and an award for Loss of Valuable Services. The Loss of Valuable Services Award, also known as Loss of Housekeeping Capacity, is an award recognizing that injuries often result in inability to perform housekeeping tasks and other family members, or friends, need to step in and help.
The amount of compensation you will be entitled to will depend on several factors including: the severity of injuries you suffered, your age, the time you missed from work, the impact your injuries have had on your personal life, and the care needs you will require into the future. If you are offered a settlement and not sure if the amount is fair, it is advisable to contact a personal injury lawyer before signing any paperwork accepting the settlement. Once you accept an offer in writing, it is very difficult to go back on accepting the settlement.
It is important to document the facts of the case early on, especially to ensure you can prove who is at fault for the accident, as memory fades with time. An experienced lawyer at our firm can walk you through what information you will require to recover your losses. It is also important to call a lawyer to ensure you comply with the appropriate limitation periods that apply to your case.
If you have been injured in motorcycle accident, one of our motor vehicle accident attorneys would be happy to speak with you. We have been representing individuals injured while driving motorcycles for over 30 years. Our clients have been involved in accidents all over Nova Scotia. Contact us for your free consultation.