Have You Been Injured as a Passenger on a Motorcycle?

Motorcycle passengers who are injured in accidents have rights. If you have been injured as a motorcycle passenger, or if you’re injured as a motorcycle passenger in the future, as soon as possible after seeking emergency medical treatment, arrange to speak with a Halifax motorcycle accident lawyer.

Nova Scotia law defines motorcycles as motor vehicles, so the law treats motorcycles the same way it treats cars, trucks, and other vehicles. Also under the law, the injured victim of someone else’s negligence is entitled to recover compensation for medical bills, lost wages, and more.

What types of injuries are motorcycle passengers likely to suffer in a crash? If you are injured by negligence in a motorcycle accident, what steps can you take to recover compensation? And when should you contact the offices of a Nova Scotia motorcycle accident lawyer?

What Injuries Are Motorcycle Passengers Likely to Suffer?

The Journal of the American Medical Association has published a research study which indicates that traumatic brain injuries, which are common in motorcycle collisions, are more common among motorcycle passengers than operators.

A passenger who survives a motorcycle accident may also suffer multiple bone fractures, spinal cord injuries, lacerations, and paralysis. Often, the injuries sustained by motorcycle passengers can be catastrophic or permanently disabling and will require life-long care and treatment.

Who Will Be Deemed Liable for Your Injury?

The investigation of a motorcycle accident will consider the details of the accident to determine which party should be assigned liability. The parties that potentially may be held liable include:

  1.  The motorcyclist: If the operator of the motorcycle was driving while under the influence, or if the accident was a single-vehicle collision, in most cases, the operator will be deemed solely responsible and solely liable for the collision.
  2.  The other driver: If the driver of the other vehicle was driving negligently and is deemed at fault, an injured motorcycle passenger would have the right to file a claim against that driver’s insurance company.
  3.  Both drivers: If the motorcycle operator and the driver of the other vehicle were both partially at fault, an injured motorcycle passenger could file a claim against both drivers’ insurance companies.
  4.  Defective parts manufacturers: If a motorcycle accident is caused by a defective motorcycle or motorcycle part, you may bring a product liability claim against the part manufacturer or the motorcycle manufacturer.
  5.  A mechanic or repair shop: If substandard parts were used in a repair, or if replacement parts were not properly installed, you may file a claim against the mechanic or the repair shop.

When Should You Contact a Lawyer?

Your deadline for bringing a personal injury lawsuit after a motorcycle accident in Nova Scotia is two years from the date of the accident. Do not wait two years. Your lawyer needs to see the evidence before it is lost or altered and speak to any witnesses while their memories are fresh.

If you were injured as a passenger in a motorcycle accident, it’s best to call a motorcycle accident lawyer at once after you’ve been treated for your injury or injuries. After a serious injury, you can’t take any chances, so let a lawyer handle your injury claim from the beginning.

A Halifax motorcycle accident lawyer represents injured clients on a contingent fee basis. There’s no cost or obligation for your initial case evaluation. As part of that evaluation, you will find out how the law applies to your case, and you’ll receive detailed, personalized legal advice.

How Will Your Case Be Handled?

If you proceed with legal action, your Nova Scotia motorcycle accident lawyer will speak to your doctor about your medical condition and needs. Your lawyer will discuss your options, protect your rights, and fight tenaciously for the compensation you need and the justice you deserve.

Most motorcycle accident injury claims in Nova Scotia are resolved in private, out-of-court negotiations, so most motorcycle injury victims do not even have to make a court appearance.

However, if no reasonable settlement amount is offered in the negotiations, or if liability for the accident is disputed, your lawyer will take your claim to trial, explain how (and how seriously) you were injured, and ask the court to order the liable party to compensate you.

What Compensation Can You Receive?

Every motorcycle accident is different and every motorcycle accident injury claim is unique, so compensation to injured victims varies depending on the details of the case. The law in Nova Scotia entitles the injured victims of negligence to recover compensation for:

  1.  pending and projected future medical expenses
  2.  lost wages and projected future lost wages
  3.  personal pain and suffering
  4.  related losses and damages

Sometimes in motorcycle accident cases in Nova Scotia, injured motorcycle passengers may also receive punitive damages. However, punitive damages are awarded only if the court believes that a defendant should be punished for negligence that was exceedingly or shockingly egregious.

What Else Should Motorcycle Passengers Know?

You may not be operating a motorcycle, but if you are a passenger, safety is still a concern. Whenever you ride, wear a helmet, gloves, boots, and a motorcycle jacket with reinforced elbow protection.

Even as a passenger, you could be assigned partial liability for a motorcycle accident if you knew the operator of the motorcycle was unlicensed or intoxicated, but you nevertheless rode with that person.

Don’t sign any legal or insurance document related to the accident without first consulting with an accident lawyer, and do not try to bargain or settle the claim with the liable driver’s insurance company. That’s your lawyer’s task, and any mistakes you make could be quite costly.

Accident Victims Count on McKiggan Hebert Lawyers

McKiggan Hebert Lawyers fights on behalf of motorcyclists and their passengers who are injured by negligence in the Halifax area and throughout Nova Scotia. We have the knowledge, experience, and legal skills you need.

McKiggan Hebert Lawyers was named among Canada’s Top Ten Personal Injury Law Firms by Canadian Lawyer magazine in 2019 and two of our lawyers were recognized by 2024 Best Lawyers for personal injury law. Our award-winning lawyers at McKiggan Hebert have established a reputation for extraordinary client service and legal excellence.

If you become our client, you pay McKiggan Hebert no lawyer’s fee until we recover your compensation. To begin the legal process– or if you need to learn more – call McKiggan Hebert Lawyers at 902-706-2298 to arrange your free, no-obligation case evaluation and review.