Have You Been Injured by a Negligent Driver While Motorcycling?

Motorcycling is a great way to take in Nova Scotia’s beautiful natural landscapes. However, accidents can leave motorcyclists with severe injuries, and if you’re injured because another driver was negligent, you’ll need to discuss your rights at once with a Halifax motorcycle accident lawyer.

If you are injured while motorcycling because another motorist was negligent, you are entitled by law to be compensated for the pain and suffering caused by your injuries, along with your medical costs, lost earnings, and other damages. However, to recover that compensation, you and your lawyer may have to prove (among other things) that the other driver was at fault. In some accidents, the motorcyclist and the other driver may both be partially at fault.

For example, under the Contributory Negligence Act, when a motorcyclist is partially liable for an accident, he or she is still entitled to receive a portion of their damages, even if they are partially to blame for the collision. For example, if your damages total $100,000, but you were 20 percent at fault for the crash, you are entitled to recover $80,000.

Are the Rules Different for Motorcycle Accidents?

In Nova Scotia, the rules of the road that govern motorcycle accidents are the same rules that govern other traffic collisions. Motorcycles meet the law’s definition of “motor vehicles,” so the legal system deals with motorcycle accidents the same way it deals with car, truck, and bus accidents.

The minimum car insurance coverage that the law requires for anyone operating a motor vehicle in Nova Scotia is $500,000 in:

  1. Third-party liability (Section A)
  2. Accident benefits (Section B)
  3. Property damage (Section C)
  4. Uninsured/unidentified automobile coverage (Section D)

What Does Section B Coverage Provide?

Section B, also known as no-fault benefits, are part of the mandatory minimum coverage. These benefits apply without regard to which motorist was at fault for an accident. After a motorcycle collision, you may be entitled to up to $50,000 in medical coverage through your Section B benefits, which pay for:

  1.  “necessary” services such as medical, nursing, surgical, hospital, and ambulance services
  2.  “additional essential” services agreed upon by the injury victim’s doctor and insurance company as necessary for treatment, rehabilitation, and/or vocational retraining

You may also be entitled to up to $250/week in income loss payments (called “weekly indemnity”) if you are not able to work as a result of the injuries caused by the motorcycle collision. Again, these benefits are “no-fault”. In other words, you are entitled weekly indemnity income loss payments, even if the collision was partially or entirely your fault.

After a motorcycle accident, if your insurance company wrongly terminates or denies benefits that you are entitled to under your Section B coverage, you may take legal action to obtain those benefits. You will need to be represented by a Nova Scotia motorcycle accident lawyer.

When Your Damages Exceed Section B Limits

For many motorcycle riders who are injured in traffic collisions, Section B insurance benefits will not fully cover their medical expenses and income loss damages. Those injured motorcyclists can only obtain the full amount of compensation they need by bringing and prevailing with a personal injury lawsuit.

Motorcyclists who survive accidents may sustain lacerations, traumatic brain injuries, multiple bone fractures, spinal cord injuries, and paralysis. Many of the injuries suffered by motorcyclists are permanently disabling and require life-long treatment and care including multiple surgeries.

When the other motorist was at fault, and when your total medical and income loss damages in a motorcycle accident exceed the Section B coverage limits, you may need to file a lawsuit with the help of a Halifax motorcycle accident lawyer.

How Will Your Case Be Handled?

Like other injury lawyers, motorcycle accident lawyers in Nova Scotia represent clients on a contingent fee basis. Your initial case evaluation is provided with no cost or obligation. You will receive personalized legal advice, and you’ll learn how the law applies to your own situation.

If you and your motorcycle accident lawyer agree to move ahead with your personal injury claim, you will pay no fee to your lawyer upfront and no fee until and unless that lawyer recovers your compensation with a trial verdict or with a negotiated out-of-court settlement.

Your Nova Scotia motorcycle accident lawyer will consult your doctor and other medical authorities to assess your medical needs. Your lawyer will explain your options, protect your legal rights, and fight aggressively for the compensation and the justice you need and deserve.

What Will It Take to Win Your Compensation?

Your lawyer will determine how and why you were injured and then determine which party was at fault and should be held liable. If another party’s negligence is the reason you were injured, your lawyer will hold that party liable for your medical costs, lost earnings, and other losses.

Your lawyer will focus on the facts of the case and uncover the truth. Most motorcycle accident claims in Nova Scotia are resolved in private, out-of-court negotiations, so most motorcycle injury victims do not have to make an appearance in court.

However, if liability for the accident is disputed, or if no acceptable settlement is offered in the out-of-court negotiations, your lawyer will take your claim to trial, tell the court how (and to what extent) you were injured, and ask the court to order the payment of your compensation.

Can Motorcycle Accidents Be Avoided?

Of course, there is no way to guarantee that a motorcyclist will never be injured in an accident, but motorcyclists can reduce their chances of accidents and serious injuries by adhering to the following safety recommendations:

  1.  Always wear a helmet, boots, gloves, and a jacket when you ride a motorcycle.
  2.  Avoid a driver’s blind spots.
  3.  Always check to ensure that the brakes and lights on your motorcycle work properly.
  4.  If someone is driving recklessly, do not allow that driver to get behind you.
  5.  Keep plenty of space between your motorcycle and the nearest vehicle.
  6.  Watch for drivers making blind turns.

McKiggan Hebert Fights for Motorcyclist’s Rights

How can you choose an injury lawyer who has the skills and experience to prevail on your behalf with a motorcycle accident claim? For more than a decade, McKiggan Hebert Lawyers has been fighting for motorcyclists injured by negligent drivers in Nova Scotia and across Canada.

McKiggan Hebert Lawyers has been named one of the Top Ten Personal Injury Law Firms in Canada by Canadian Lawyer magazine. Our team of award-winning lawyers has built a reputation for legal excellence and outstanding client service.

If we represent you with a motorcycle accident claim, you will pay McKiggan Hebert no lawyer’s fee until and unless one of our lawyers recovers your compensation. You can learn more – or start the legal process right now – by calling our Halifax offices at 902-706-2298 and scheduling a free, no-obligation case review and evaluation.