Halifax Motorcycle Accident Lawyers

Representing Injured Riders in Nova Scotia

Riding a motorcycle is a thrilling experience, but it can also be dangerous. You aren’t protected by seatbelts, airbags, or other safety features on the back of your motorcycle, which means you could suffer serious injuries if you are involved in an accident.

If you’ve been hit by a negligent driver while riding a motorcycle, it’s in your best interest to speak to our personal injury lawyers at McKiggan Hebert Lawyers. Let us review your case, explain your legal options, and help you fight for the compensation you deserve for your injuries.

We have decades of experience representing injured motorcyclists in Halifax. You can trust us to fight for the compensation you are entitled to by law. Start your claim today by calling 902-706-2298 to schedule your free consultation.

What Are Common Motorcycle Accident Injuries?

Motorcyclists can suffer a wide range of injuries that affect nearly every part of the body. Some of the most common injuries sustained in motorcycle accidents include:

Broken bones, multiple fractures
Traumatic brain injuries
Spinal cord injuries
Internal injuries
Amputations
Degloving
Road rash
Internal injuries
Joint injuries
Fatal injuries

Each of these injuries could lead to serious complications and long-term consequences. That’s why it is so crucial that you fight for every dollar of compensation you deserve with the help of a Personal Injury Lawyer in Halifax at McKiggan Hebert Lawyers.

Common Causes of Motorcycle Accidents

Motorcycle collisions occur in various ways across Halifax, other parts of Nova Scotia, and throughout Canada. Riders have limited protection compared to occupants of larger vehicles, which often means injuries can be severe when a crash happens. Understanding the most common factors that contribute to these accidents can help reduce the risk of injury, property damage, and financial losses. These collisions frequently involve a range of causes, some of which are within the control of drivers and some of which stem from external factors like roadway conditions or defective equipment.

Driver Negligence

In many motorcycle accident cases, another driver’s negligence stands out as a significant contributor. Failure to yield is especially prevalent at intersections or when cars are turning left across oncoming traffic. Distracted driving—due to texting, eating, or conversing with passengers—also plays a major role, as any momentary lapse in attention heightens the risk of colliding with a motorcyclist.

Speeding makes it more difficult to stop or manoeuvre in time to avoid an accident, often leading to catastrophic collisions. Impaired driving, whether due to alcohol, drugs, or prescription medication, reduces reaction times and impairs judgement, drastically increasing the possibility of severe crashes involving motorcycles.

Road Hazards

Road hazards are particularly dangerous for motorcyclists because two-wheeled vehicles are more sensitive to abrupt changes in surface conditions. Potholes, for instance, can throw a motorcyclist off balance and cause loss of control. Loose gravel is also hazardous, as it decreases traction and may cause skidding. Uneven pavement presents similar risks, making it challenging to maintain stability when transitioning from one surface height to another. Poorly maintained roadways, such as those with large cracks or debris, can create unexpected obstacles that motorcyclists must navigate swiftly to avoid a collision.

Defective Motorcycle Parts

Mechanical issues within the motorcycle itself can lead to serious accidents. Brake failure is a prime concern since a rider who cannot slow or stop in time is far more likely to collide with another vehicle, roadway obstacle, or pedestrian. Tire defects—such as tread separation or blowouts—can cause an abrupt loss of control, especially when travelling at higher speeds. Other mechanical malfunctions, including problems with the suspension or steering mechanism, may arise from improper maintenance or manufacturing errors. In certain cases, the parts themselves are defectively designed, resulting in widespread risks to unsuspecting riders.

What Are the Damages in a Motorcycle Accident?

When a motorcycle accident occurs, the term “damage” encompasses both property damage and the devastating physical harm riders often experience. Due to the open nature of motorcycles, riders are exposed to more danger than occupants of enclosed vehicles. Property damage can extend to the motorcycle itself, other vehicles involved, and surrounding infrastructure such as guardrails or road signs.

Medical expenses Not covered by MSI or another provincial public health insurer, lost income, loss of housekeeping and other valuable services, and emotional trauma often overshadow the monetary costs of repairing a vehicle. By understanding these potential sources of damage, riders are in a better position to mitigate risks, ensure their bikes are well-maintained, and seek proper legal counsel if an accident occurs.

Who is Liable For My Motorcycle Accident Injuries?

All motor vehicles, including motorcycles, are required to have auto insurance. Every auto policy has “Section B” no-fault coverage. This provides up to $50,000 for medical expenses and $250 per week for lost income. Injured motorists and their passengers are covered by the Section B no-fault policy no matter who is at fault, but Section B benefits do not fully compensate injured accident victims. Additional compensation can only be attained if you are able to prove that the defendant is liable for your injuries from the motorcycle accident. This means you will need to prove that the motorcycle accident occurred as a result of the defendant’s negligence.

Negligence can take on many different forms. Some examples of negligent driving that can lead to a motorcycle accident include:

Driving under the influence of alcohol or drugs
Driving while distracted, for example, using the phone or talking to others in or outside of the car
Speeding
Failing to comply with traffic laws
Failing to use the proper turn signals
Driving aggressively
Tailgating
Suddenly swerving into your lane
Misjudging the distance or speed of your motorcycle

Our lawyers will immediately begin to investigate how the accident occurred so we can establish liability or who’s at fault. We will interview witnesses, review evidence from the scene, work with expert witnesses to reconstruct the accident, and evaluate your medical records to gather the evidence we need to prove liability. Then, we will begin to aggressively pursue compensation on your behalf.

The more evidence we can find, the better your chances are of obtaining the compensation you deserve. Let our skilled lawyers help you hold the at-fault party financially responsible for your injuries.

Proving Liability in a Motorcycle Accident Case

Establishing who bears financial and legal responsibility in a motorcycle accident is crucial for securing appropriate compensation. In Nova Scotia, various laws and legal doctrines guide this determination. These rules help clarify the negligence of drivers, the duties of motorcyclists, and the potential liability of other parties, such as manufacturers or government entities responsible for roadway maintenance.

Nova Scotia’s Motor Vehicle Act (MVA, R.S., c.293, s.1) Determines Fault in Vehicle Accidents

The Motor Vehicle Act sets forth rules of the road, including speed limits, signalling requirements, and right-of-way regulations. In Halifax and other municipalities throughout Nova Scotia, courts and insurance companies refer to this legislation to identify violations that may have contributed to an accident. For instance, if a driver ignored a yield sign or exceeded the speed limit, the Motor Vehicle Act violation can serve as evidence of negligence. Motorcyclists must also comply with these regulations. If a rider lacks proper registration or operates without a valid licence, the rider’s breach of the Motor Vehicle Act could factor into liability decisions.

Contributory Negligence Rules Can Affect Compensation if the Motorcyclist Is Partially at Fault

Nova Scotia follows the principle of contributory negligence, which assesses the level of responsibility each party holds in causing an accident. In practical terms, if a motorcyclist is found partially responsible—for example, not wearing a helmet that meets provincial standards or aggressive riding—any compensation received may be reduced according to the percentage of the rider’s fault. Comparative negligence ensures that settlements or court awards reflect the actions of all involved parties. A motorcyclist can collect a portion of damages even if they share some of the blame.

Accident Reconstruction Experts and Witness Testimony Help Establish Liability

Motorcycle accident investigations often rely on specialized expertise to prove fault. Accident reconstruction specialists examine physical evidence from the collision site, such as skid marks, damage to vehicles, and the final resting positions of the involved parties. These professionals use scientific analysis to recreate how the collision occurred and determine the speeds, angles, and timing of each movement leading up to the crash. Witness testimony can also be critical, especially if bystanders observed that one driver was tailgating or ran a red light. Statements from those who saw the accident unfold can corroborate or refute conflicting accounts, guiding insurers and courts to a fair outcome.

What Factors Will Impact the Value of My Motorcycle Accident Case?

Many injured motorcyclists are eager to know the value of their claim, but this is a difficult question to answer. The value of your motorcycle accident claim can vary depending on a number of factors. Some of the questions that will need to be answered to calculate the value of your motorcycle injury claim include:

How severe are your injuries?
How were your injuries treated?
Will you need additional medical treatment in the future?
Have your injuries affected your ability to work now or in the future? If so, how much income have you lost? How much income are you expected to lose?
How have your injuries affected your daily life? Have your injuries reduced the quality of your life?
Have you experienced mental or physical pain as a result of your injuries?
How long did it take to fully recover from your injuries?
Are there any long-term effects of your injuries? If so, what are they?

Every motorcycle accident claim is unique, which is why it’s impossible to estimate the value of a claim without knowing about the facts of your individual case, and a lot more. Tell us more about your case during a free consultation with our team so we can calculate how much your injury claim is worth.

Challenges Unique to Motorcycle Accident Cases

Motorcycle collisions present legal, practical, and societal challenges that distinguish them from other traffic accidents. Issues related to bias, insurance complexities, and helmet laws can affect how quickly and successfully a motorcyclist recovers damages for medical bills, property damage, and other losses. Understanding these distinctive obstacles can help riders anticipate potential setbacks and consult with the right legal and medical professionals to advance their claims.

Bias Against Motorcyclists Can Impact Settlement Negotiations and Trial Outcomes

A common societal perception of motorcyclists as risk-takers can influence how insurance adjusters, judges, and juries view accident claims. This bias may lead to assumptions that the rider was speeding, weaving in traffic, or otherwise engaging in unsafe behaviour when the collision occurred. As a result, insurers sometimes attempt to minimize payouts by suggesting that the motorcyclist contributed more to the crash than was actually the case. Overcoming preconceived notions requires strong evidence, such as witness statements, police reports that accurately describe the scene, and expert analysis of the accident’s dynamics.

Hit-and-Run Accidents or Uninsured Drivers Complicate the Claims Process

Motorcycle accidents involving hit-and-run drivers can be particularly difficult. If the at-fault driver flees, gathering information about the responsible party to file a claim becomes problematic. Police reports, witness accounts, or traffic camera footage may be necessary to identify the driver and vehicle. Even if the driver is located, they may lack valid insurance or have insufficient coverage. In such instances, the motorcyclist’s own uninsured or underinsured motorist coverage could be invoked. Government-mandated coverage may be available through the Facilities Association. Nonetheless, insurers may require detailed proof that the unknown driver was indeed at fault, adding another layer of complexity to the process.

Helmet Laws May Influence Injury Claims, Depending on Compliance at the Time of the Accident

Nova Scotia law mandates that anyone operating or riding on a motorcycle wear an approved helmet. Failing to comply can lead to fines, but more significantly, it may affect an injury claim if the rider sustains head trauma. Insurers and courts may argue that the rider’s failure to wear a helmet contributed to the extent of the injury, thereby reducing potential compensation under comparative negligence principles. Even if the other driver is primarily at fault, the motorcyclist’s choice not to wear a helmet could still affect the final award. For compliance, riders should look for helmets meeting provincial standards, ensuring they are in good condition and properly fastened.

Addressing these unique challenges often requires the expertise of legal professionals well-versed in motorcycle accident claims within Nova Scotia’s legal framework. Lawyers can help dispel unfair stereotypes by focusing on factual evidence of safe riding habits, gather the necessary documentation to identify and hold hit-and-run or uninsured drivers accountable, and mitigate arguments related to helmet use if the rider was fully compliant. By tackling these challenges proactively, a motorcyclist’s likelihood of securing favourable settlements or judgements can be greatly enhanced.

What to Do After a Motorcycle Accident

Immediate and informed action following a motorcycle accident can significantly affect a rider’s medical recovery and ability to pursue compensation. The aftermath of a collision is often chaotic and frightening, yet taking several crucial steps can safeguard both physical well-being and legal interests.

Seek Immediate Medical Attention to Document Injuries

Obtaining prompt medical care is vital, regardless of whether injuries seem minor at first. Some injuries, like internal bleeding or traumatic brain injuries, may not present immediate symptoms. Professional examination and testing help identify underlying complications and generate medical records that can be pivotal in future insurance or legal claims. Medical documentation offers evidence of the injuries sustained in the collision, the treatments required, and the anticipated recovery process. This documentation can be critical in establishing the extent of damages, such as pain and suffering, loss of enjoyment of life, and any long-term disability.

Gather Evidence: Take Photos, Collect Witness Information, and File a Police Report

While on the scene (to the extent injuries permit), collecting evidence is essential. Photographs of vehicle damage, road conditions, skid marks, and weather conditions provide a snapshot of the collision environment. Obtaining contact details from witnesses, including names and phone numbers, offers a potential pool of firsthand accounts that can clarify what transpired. Calling the police is also important, as an official report creates a formal record of the incident, including initial findings about fault and contributing factors. Promptly filing a report with the Halifax Regional Police or relevant local authorities ensures the event is documented while memories are still fresh.

Consult a Motorcycle Accident Lawyer Before Speaking to Insurance Companies

In the aftermath of a collision, insurance adjusters may contact the motorcyclist for statements or to propose an early settlement. These communications can be tricky if the rider is not yet aware of the full extent of injuries or property damage. An experienced motorcycle accident lawyer in Halifax or elsewhere in Nova Scotia can help riders understand their rights, negotiate from a position of knowledge, and prevent any misstep that could undermine a future claim. Legal counsel can review insurance policies, address coverage disputes, and develop a timeline for pursuing further compensation if the initial insurer offer is insufficient.

Maximizing Compensation After a Motorcycle Accident in Halifax

If you’ve been injured in a motorcycle crash, McKiggan Hebert Lawyers is here to help you pursue fair compensation for your losses. Motorcycle accidents can result in severe injuries, often leading to significant medical bills, lost wages, and long-term recovery. We understand how overwhelming this can be and are committed to helping you secure the compensation you need to cover your private medical expenses, rehabilitation costs, lost income, loss of ability to do things around the house, and pain and suffering.

Frequently Asked Questions About Motorcycle Accidents

Many people injured in motorcycle accidents find themselves uncertain about their next steps or the legal implications of certain decisions. While every situation is unique, some questions routinely arise among riders in Halifax, throughout Nova Scotia, and across Canada. Addressing these concerns can help individuals make informed choices after a collision.

How much compensation can be recovered for a motorcycle accident injury?

The amount of compensation varies based on factors such as the severity of injuries, the degree of liability each party holds, and the extent of financial losses. Compensation may include payment for medical treatment, lost wages, rehabilitation expenses, and pain and suffering. Severe injuries that result in long-term disability or loss of earning capacity often merit higher settlements. In Nova Scotia, there is no fixed cap on all damages except for a cap on general damages for pain and suffering in minor injury soft tissue injuries. Consulting with a knowledgeable legal representative can provide clarity on potential settlement ranges.

What happens if I was not wearing a helmet at the time of the accident?

If you did not wear a helmet during the crash, your claim may still be valid. Still, the lack of helmet use could reduce your overall compensation under comparative negligence principles. Nova Scotia’s laws require helmets to be worn by all motorcyclists and their passengers. Failure to comply can indicate partial responsibility for any head or neck injuries that occur. However, this does not necessarily mean you cannot recover damages. The at-fault driver remains responsible for their share of the fault. A lawyer can address these issues by focusing on the driver’s negligence and showing that other injuries were unrelated to helmet use.

Is it necessary to hire a lawyer if the insurance company offers a settlement?

While there is no legal requirement to hire a lawyer, it is often advisable to consult with one before accepting any settlement offer. Insurance adjusters may try to minimize payouts by questioning the extent of injuries or downplaying future medical needs. A legal professional can assess the true value of your claim, factoring in short-term and long-term care, rehabilitative expenses, lost wages, and potential disability. If the initial offer is inadequate, your lawyer can negotiate on your behalf or prepare to take the case to court. Having a lawyer who understands Nova Scotia’s legal landscape and insurance regulations can greatly improve outcomes.

How long do I have to file a claim after a motorcycle accident in Nova Scotia?

In many instances, the limitation period for filing a personal injury claim in Nova Scotia is two years from the date of the accident. This deadline may vary if a minor is involved. When suing a municipality the time limit is one year, and additional notice periods apply. For wrongful death cases, the limitation period is one year. Additionally, reporting deadlines for insurance claims can be even shorter, sometimes requiring notice within days or weeks of the collision. Adhering to these timelines is crucial, as missing a deadline can result in losing the right to pursue compensation. Consulting with legal counsel as soon as possible helps ensure compliance with all requirements.

Can a passenger on a motorcycle file a claim for injuries?

Motorcycle passengers have the right to seek compensation if they suffer injuries due to another party’s negligence. Seeking compensation may involve filing a claim against the motorcycle operator if their actions caused the accident, against another driver whose misconduct led to the collision, or through the passenger’s insurance coverage if applicable. Passengers are often in a strong position to claim damages, as they usually have no control over the operation of the motorcycle and are less likely to be deemed responsible for the crash. However, they must still demonstrate fault on the part of the operator or another driver and carefully follow insurance claim procedures.

How McKiggan Hebert Lawyers Can Help

Our team will thoroughly investigate the circumstances of your motorcycle accident, gathering evidence and consulting with medical professionals to understand the full extent of your injuries. We work closely with you to document the impact the accident has had on your life. By leveraging our experience in handling motorcycle accident claims, we aim to negotiate with insurance companies on your behalf to ensure you receive a fair settlement.

If necessary, we will take your case to court, where we will advocate for your rights and fight for the compensation you deserve. Our lawyers are dedicated to guiding you through the legal process with compassion and commitment, ensuring that you receive the maximum compensation possible for your injuries and losses. Get help with your motorcycle injury claim.

Schedule A Free Consultation With Our Motorcycle Accident Lawyers Now

Have you been involved in a motorcycle accident that was someone else’s fault? If so, there’s no time to waste. Start your claim now by seeking legal representation from the experienced team of motorcycle accident lawyers at McKiggan Hebert Lawyers as soon as possible.

Our lawyers have the experience, skills, and resources that you need to win compensation for your injuries. Let us help you get the compensation you deserve. Start your claim today by scheduling a free consultation with our team by calling 902-706-2298 now or submitting your information using the form on this website.