Motorcycle accidents are one of the most common forms of personal injury in BC. A motorcycle accident can often result in a more severe outcome than a car accident. Motorcyclists are exposed to more dangers without the protection of a vehicle. Injuries arising from motorcycle accidents can lead to:
- Expensive medical bills
- Lost wages
- Pain and suffering
If you have been involved in a motorcycle accident, you may not be sure what the next steps are to secure rightful compensation for your damages. That is why our experienced team at Kazlaw is here to help.
We specialize in working with injured parties, and will never represent the Insurance Corporation of British Columbia (ICBC) or any other insurance company. We also work on a contingency basis, and won’t ask for payment unless we win your case. That way you can recover with peace of mind knowing that we only want what is best for you.
What Causes Motorcycle Accidents?
Through years of experience, our team at Kazlaw understands that many motorcycle accidents are caused by the negligence of truck, car, and other motor vehicle drivers. Many of these drivers either fail to follow or knowingly disregard proper safety precautions for sharing the road with motorcyclists. There are many contributing reasons why motor vehicle drivers may cause an accident with a motorcyclist, such as:
- Failure to check blind spots or maintain a proper lookout
- Turning in front of motorcyclists without properly signaling
- Misjudging the distance and speed of a motorcycle
- Attempting to share a lane with a motorcyclist
- Not paying attention to a motorcyclist’s signals, such as hand signals or turning signals
- Passing a motorcycle at a dangerous proximity
In the event of a crash, there are several sources of evidence to determine the cause of your accident. That is why it is important to document the crash site and collect information as soon as possible. Witness statements and wreckage photos can help accident reconstruction experts to create a detailed report of the crash scene.
It is also possible to collect information from the electronic data recorder (or EDR) from vehicles involved in the accident. This data can record a variety of information, some of which include:
- Vehicle speed
- Sudden changes in velocity
- Brake application and ABS activity
- Longitudinal and lateral accelerations
- Steering wheel angle
- Tire pressure
An experienced motorcycle accident attorney will be sure to work with accident reconstruction experts to generate an analysis of the cause of your accident. This report is incredibly important when working with the ICBC to secure a fair settlement for your damages. If your case ends up going to court, these reconstruction experts can provide professional testimonies for your case.
Driving Risks for Motorcycle Drivers
Aside from the risks imposed by other motor vehicle drivers, there are a variety of other factors that can affect a motorcyclist’s driving conditions. Some of these factors may include:
- Driver’s skill in handling the motorcycle
- Motorcycle stability
- Uneven pavement or debris in the roadway
- Potholes or other dips in the road
- Spilled oil
- Inclement weather conditions
Some motorcycle-related accidents can also result from improperly manufactured or poorly designed equipment. If you have been involved in a crash due to mechanical issues, you may be able to pursue compensation from the product manufacturer or distributor. In these cases, we will help you receive a proper mechanical evaluation to determine the source of a malfunction.
Poorly maintained public roads can also lead to accidents. In these cases, it is possible to pursue an investigation into governmental bodies, contractors, and other departments involved in proper roadway upkeep.
Injuries Commonly Caused By Motorcycle Accident
Due to the difference in weight, size, and protection between motorcycles and traditional motor vehicles, it is common for motorcycle accidents to cause life-changing injuries. People riding bicycles often have the same types of injuries. if you know anyone injured on a bicycle, we can help. Our firm is also has bike accident lawyers. These accidents are also far more likely to be fatal. However, even in more fortunate cases, there is a wide range of injuries that can be sustained. These may include the following:
- Abrasions, burns, or road rash that can lead to skin infections
- Fractures and sprains
- Several broken bones
- Foot injuries that can result in mobility loss
- Sustained nerve damage
- Soft tissue injuries
- Lasting muscle damage
- Neck and back traumas that can lead to paralysis
What Can You Recover From an Accident Compensation Claim?
Our team understands that the effects of these crashes can be life-changing. After administering a thorough investigation into the source of your collision, a motorcycle accident attorney will collect and analyze the medical evidence for your case. This is to outline the extent of your crash-related suffering. Both physically and emotionally.
Our team understands that these crashes can result in extensive medical care and treatments. These treatments, in addition to the injury effects themselves, can prevent the victims from working for extended periods of time. Depending on the severity of the accident, the victims may be completely unable to return to work. This can cause a significant strain on family members who will be affected by the victim’s injuries.
When filing an accident compensation claim, we will help you in recovering all damages you are owed. This may include:
- Motorcycle repairs or full replacement
- Loss of any out-of-pocket accident-related expenses
- Past and upcoming medical expenses
- Past and upcoming wage loss
- Limitations on housekeeping capacity
- Pain and suffering
- Loss of enjoyment of life
Our team at Kazlaw believes that treating your injuries sustained in an accident should come first. We will work to ensure your medical needs are being met while we fight to secure the compensation you are due.
Why You Need to Document Details of Your Crash
Many insurance companies carry an unstated bias against motorcycle drivers due to the extra risks involved in this mode of transportation. This bias can also affect how insurance adjusters handle your compensation claim. In some cases, it may lead them to attempt to keep your compensation recovery as low as possible. After suffering injuries from a motorcycle accident, recovering the damages you are due may already feel like an uphill battle. That is exactly why it is important to create a detailed documentation of your accident.
Like any injury-related claim, motorcycle accidents require specific documentation to ensure the payout of insurance benefits. Whenever possible, it is best to obtain statements from witnesses to the crash and expert testimonies. You will need to keep a record of medical injuries, testings, treatments, and therapies received to prove your injuries are legitimate.
It is also important to receive a report from professionals with experience in accident reconstruction to outline how the crash occurred and exactly how the claimant has been damaged. With the assistance of a knowledgeable motorcycle accident lawyer, you will be able to recover fair compensation.
Filing ICBC Claims After a Motorcycle Accident
When you are involved in a crash, there are two primary types of claims you can pursue. Both of these claims will be through the ICBC. There are first-party ICBC claims and third-party ICBC claims. A motorcycle accident lawyer from our firm will assist you in pursuing these claims and protecting your rights while you focus on your recovery.
There are guidelines for the maximum payment amounts available for each type of claim. The exact payment amount will depend on the circumstances of the crash. In most cases, the ICBC will provide between $200,000 and $300,000 for the cost of medical care. You may also be able to receive up to $740 per week to make up for lost wages.
Involvement in a motorcycle accident can be an incredibly stressful event. Unfortunately, this stress does not end after leaving the accident site, as dealing with ICBC is often foreign and frustrating. After an accident, your energy is needed for your recovery and should not be wasted on ICBC bureaucracy. We’ll reduce the stress of the claims process and ensure you are fairly compensated for your injuries, so you can focus on getting better.
What is a First-Party ICBC Claim?
First-Party ICBC claims are most often referred to as a Part 7 or no-fault benefits claim. In these cases, the first party is you, the person filing for benefits. The second party is your insurance company, the ICBC. To receive benefits from these claims, you will not need to provide any proof that another driver was at fault in the crash. However, you will need to demonstrate that you require the claim benefits as an immediate result of the motorcycle crash.
As the insurer providing compensation benefits, the ICBC will thoroughly investigate your claim. They will determine exactly what benefits you are eligible to receive and will explain to you the extent of these benefits once they are approved.
With an experienced motorcycle accident attorney on your side, you won’t need to worry about the hassle of paperwork. We will help file a notice of your accident with the ICBC within the necessary timeframe. We will also assist with any needed court proceedings to help you acquire the full benefits you deserve.
What is a Third-Party ICBC Claim?
Third-party ICBC benefit claims may also be referred to as a personal injury lawsuit, a tort claim, or a negligence claim. These claims are used when you are filing for compensation provided by the at-fault driver’s ICBC liability coverage. The primary difference between third-party and first-party claims is that you will need to prove that the other driver was at fault in causing the crash. You will also need to provide evidence that you have sustained damages due to the accident.
Due to the complex nature of working with an insurance company, the ICBC may attempt to assign fault to the injured motorcyclist. Our team at Kazlaw are determined negotiations and are dedicated to securing a fair settlement. Our skilled motorcycle accident attorneys will be sure to counter their claims to seek the maximum amount of compensation you are due.
How a Vancouver Motorcycle Accident Lawyer Can Help
It is very important to ensure you are taking the proper steps after a motorcycle accident. However, we believe your first and foremost task is attending to your injuries. At Kazlaw we want to ensure your health and safety come first and encourage you to seek immediate medical attention for any injuries sustained in the crash.
After an accident, evidence will need to be collected from the crash site as soon as possible to build your compensation case. It is helpful to gather statements from any witnesses to create an outline of the accident. We will help work with accident reconstruction experts to analyze the crash site data and build an accurate representation of the crash to secure the compensation you are due.
We understand that pursuing benefits claim cases with the ICBC can be both stressful and difficult. Consult with our experienced motorcycle accident lawyers before reaching out to the ICBC to ensure you will have the support you need. We will assist you in building your case and in filing your claims on time.
At Kazlaw, we specialize in personal injury claims and will never work for ICBC or any other insurance company. We work on a contingency basis, so we will not receive any payment unless we win your case. If you have been involved in a motorcycle accident, give us a call today for a risk-free consultation.