With summer in full swing, motorcycle riders are out enjoying the warm weather, scenic landscape and great rides. Unfortunately, however, this summer activity also comes with the risk of serious injury to riders and their passengers due to collisions caused by negligent drivers. Motorcycle accidents can have devastating consequences, often resulting in severe, life-altering injuries. If you or a loved one have been involved in a motorcycle accident in Alberta, understanding your rights and the steps to take is crucial.
This blog will guide you through what to do after a motorcycle accident, from immediate actions to seeking legal counsel and pursuing a personal injury claim.
Common Motorcycle Accident Injuries
Motorcycle riders are particularly vulnerable due to the lack of protective enclosures compared to car occupants. Motorcycle riders and passengers also generally sustain more catastrophic injuries than individuals in passenger vehicles, even if an accident occurs at a low speed. As such, riders and passengers must wear appropriate safety gear while riding and maintain road awareness, especially in changing weather conditions and at intersections.
Common injuries sustained in motorcycle accidents include:
- Head Injuries: Helmet use is crucial, but head injuries, including concussions and traumatic brain injuries (TBIs), are still prevalent. These types of injuries can occur when there is a sudden impact to the rider or passenger’s head or when the head is violently shaken. Symptoms of head injuries can range from mild to severe and may include confusion, dizziness, nausea, memory loss and/or sensitivity to light and sounds.
- Road Rash: Extensive skin abrasions from sliding on the pavement are common injuries for motorcycle accident victims. A road rash injury can result in scarring, pain and disfigurement.
- Broken Bones and Amputations: Impacts with the road or other vehicles can cause fractures to various bones, including limbs, ribs, and spinal injuries. In some cases, full or partial amputation may be necessary.
- Internal Injuries: Internal injuries may not always be obvious immediately after an accident, however, they can be life-threatening and often require immediate medical attention. These injuries can also be difficult to diagnose. Internal injuries may include damage to blood vessels or internal organs.
- Soft Tissue Injuries and Lacerations: Soft tissue injuries, such as whiplash, strains, sprains or tears to muscles, ligaments or tendons are also common injuries resulting from motorcycle accidents. These types of injuries can cause swelling and pain and may restrict mobility.
- Death: In serious cases, motorcycle collisions can result in death.
Common Causes of Motorcycle Accidents
Motorcycle accident victims are often more severely injured than individuals in cars, trucks and other large motor vehicles, due to several factors, such as:
- Lack of protection compared to passenger vehicles (ex. seat belts, airbags, or metal frames to absorb impact) which often results in a rider being ejected from their bike;
- Lack of visibility compared to larger vehicles;
- Motorcycles are more vulnerable to road hazards than passenger vehicles, such as potholes, gravel, and debris, which can cause a driver to lose control of the vehicle.
Motorcycle collisions occur in several ways, but many accidents are caused by negligent vehicle drivers who:
- Fail to check for motorcyclists before changing lanes, proceeding through stop signs, or making turns;
- Attempt to overtake and pass motorcycles when it is not safe to do so;
- Overtaking motorcycles in a reckless manner that forces the rider to take evasive action;
- Distracted driving (ex. using a cell phone); and
- Driving under the influence of drugs and/or alcohol.
What To Do After a Motorcycle Accident in Alberta
Following a motorcycle accident, immediate actions can be crucial for your health, legal rights, and insurance claims. If you have been injured in a motorcycle accident, it is important to take several key steps, including:
- Prioritize Safety: Ensure you and other parties involved are safe from oncoming traffic. If necessary, move to a safe location.
- Seek Immediate Medical Attention: Even if you feel okay, it is essential to seek medical evaluation promptly. Some injuries, such as internal injuries and head injuries, may not be immediately apparent at the scene.
- Document the Accident: If it is safe and you are able to do so, gather as much information as possible at the scene of the accident, including photos of the accident scene, injuries, and the other vehicle involved. It is also important to note the details of the other driver(s) and any witnesses.
- Contact Appropriate Authorities: Report the accident to the police and seek assistance from emergency medical services, if necessary.
- Seek Legal Advice: If you have been injured in an accident, it is important to consult with a trusted personal injury lawyer as soon as possible after the accident to determine whether you have a claim and preserve your legal rights. Even if you are unable to attend at the lawyer’s office, they will be able to come to you to discuss the circumstances of the accident and will investigate and manage your claim while you prioritize your health and recovery. Your lawyer will also ensure that you have access to the benefits and resources that you are entitled to throughout your recovery process. A skilled lawyer will deal with the appropriate insurance companies to negotiate and settle your claim and will represent you in court if a settlement cannot be reached.
Potential Compensation Available to Injured Motorcycle Riders
If you have been injured in a motorcycle accident, you may be entitled to compensation for various damages, such as:
- Medical expenses: Including hospital stays, surgeries, medications, and rehabilitation.
- Past lost wages: Compensation for income lost due to time off work for recovery.
- Loss of future earning capacity: If your injuries prevent you from returning to work or earning the same income as before, you may be eligible for compensation.
- Loss of housekeeping capacity: If your injuries result in a reduced ability to engage in cooking, cleaning, yard work, snow removal, childcare, or other household activities.
- Pain and suffering: Compensation for physical and emotional pain and suffering caused by the accident.
- Property damage: Coverage for repairs or replacement of your motorcycle.
Cuming & Gillespie LLP’s Experienced Motorcycle Accident Lawyers Represent Injured Motorcycle Drivers and Passengers
At Cuming & Gillespie LLP, our trusted personal injury lawyers understand that the road to recovery after a motorcycle accident is long and frustrating, which is why we are proud to represent injured motorcycle riders across the province. We strongly advocate for our clients to ensure that they have all possible resources available to them to aid in the recovery process. We pride ourselves on ensuring you receive the benefits you are entitled to and that you get the treatment you need. Our lawyers also fight to recover maximum compensation in your lawsuit and will ensure that all possible sources of insurance are pursued. To arrange a free initial, no-obligation consultation, please contact us by phone at 403-571-0555 or online.