Edmonton has a thriving community of motorcycle enthusiasts who actively participate in group rides, charity events, and motorcycle clubs. These groups provide a sense of camaraderie and support for riders. It helps that the city is surrounded by beautiful landscapes, including the Canadian Rockies to the west, offering numerous scenic routes and destinations for motorcycle riders. Edmonton serves as a gateway to exploring the stunning natural beauty of Alberta.
The city hosts various motorcycle events and rallies yearly, attracting riders from near and far. Events like the Edmonton Motorcycle Show and the Edmonton Toy Run bring together riders to showcase their bikes, share experiences, and support charitable causes. However, with the proliferation of motorcycles in the area, the chances of an accident increase.
Motorcycle accidents result in severe injuries and come with medical expenses, pain, suffering, trauma, and even loss of income. If you are involved in a motorcycle accident, knowing your rights and whether you are eligible for an injury claim is essential. You could be entitled to a claim whether you are a motorcycle rider, passenger, road user, or pedestrian. Visit this motorcycle accident law firm’s website for a consultation and case evaluation.
When Your Accident Is Due to Negligence
One of the most crucial factors that decide whether you can file an injury claim after a motorcycle accident is the establishment of negligence. You may be eligible for compensation if your accident is due to someone else’s fault. However, you have to prove that the other party failed to exercise a duty of care, resulting in your injury.
Motorcycle accidents can occur due to drivers’ negligence, such as drunk driving, distracted driving, failure to yield, and reckless driving. You may also suffer motorcycle accident injuries due to poor road conditions like inadequate signage, lighting or potholes, and motorcycle design defects or mechanical failures.
If you are involved in a motorcycle accident with a truck, the other party’s lawyer will try to establish negligence by asking a few questions. These may include how careful you were when riding the bike, the weather conditions at the time of the accident, the time of day, and if the accident could have been easily avoided. You can file an injury claim if the investigation reveals someone contributed to the accident.
When You Suffer Damages As a Result of Your Motorcycle Accident
Besides physical injuries, motorcycle accidents can cause other damages that negatively impact your life. Once you establish negligence and allocate fault, you can file a claim for your damages depending on how the injury affected you. Below are some common damages you may be entitled to after a motorcycle accident.
Medical Expenses: A motorcycle accident can result in severe injuries that raise significant costs for hospitalization, medications, surgeries, and rehabilitation. These expenses can quickly pile up, especially if your injuries become more complicated and require ongoing management. You can file an injury claim to cover your bills for any medical expenses resulting from the accident.
Lost Income: If your motorcycle accident injuries impair your ability to work, you can file for compensation for lost wages. You don’t have to lose your job to be eligible for lost income compensation. You can claim compensation for any income you would have earned if you had not been involved in the accident.
Pain and Suffering: Other than physical pain and injuries, motorcycle accidents can cause emotional and psychological distress, which affects your quality of life. Given how traumatizing an accident can be, you may file a claim for the pain and suffering you experience.
Property Damage: There’s no doubt a motorcycle that has been in an accident will require repairs. If the accident occurred with a larger vehicle, the impact may cause irreparable damage and cause the bike to be totaled. In such cases, you may claim a refund equivalent to the market price of your motorcycle. You can also claim damages for any other personal property you lose during the accident.
Statute of Limitations
The statute of limitations is a guideline that dictates the time limit for filing claims. It determines how long you must file your motorcycle accident injury claim to be eligible for compensation. In Edmonton, the statute of limitations for personal injuries due to motorcycle accidents is two years. However, it varies depending on the state, and you can consult with your lawyer to help you comply with the deadlines.
Remember, the time starts ticking from when the accident occurs. Although there are exceptions that can extend the deadline, it is crucial to file your injury claim within the set timeline. Once the duration elapses, you forfeit your right to file an injury claim, and your case will be dismissed. This means you lose your eligibility for compensation following your motorcycle accident.
Conclusion
Various factors come into play in a motorcycle accident. Therefore, consulting a motorcycle accident lawyer is the best way to determine when to file an injury claim. Your lawyer will evaluate your situation, assess your claim, and take you through the right legal channels to ensure you get maximum compensation.
