In my practice as a motor vehicle accident lawyer, I have been involved in a number of cases in which the accident, or events leading up to the accident, have been captured on video. In the past, this was usually the result of surveillance cameras within the vicinity of the collision. Increasingly, however, we are meeting clients that have onboard cameras. These are either dash cameras or, in the case of motorcyclists, cameras mounted to their helmets. Most often, the video corroborates entirely our clients version of events. Although police often get it right, and charge the appropriate party, this is not always enough to convince insurance companies. Sometimes, the at fault driver gets off the charge on a technicality. Later, the at fault driver may attempt to skirt liability by changing the facts about how the accident happened. The ability to look at video can be the difference in some heavily contested cases.
This afternoon, I met a responsible motorcyclist that was out riding with a helmet mounted camera. I think it is a great idea to use these cameras. Hopefully, you will never need the footage to prove fault in the context of an accident. Think of it like all your safety gear-you hope you never need it, but you'll be happy you had it in the event that you do.
In my experience, cameras are particularly beneficial for motorcyclists. Although the majority of motorcycle accidents involving other vehicles, are the fault of the larger vehicle, there remains a public bias against motorcycles. We have been involved in countless cases where the other driver and their insurance company attempt to blame the motorcyclist for changing lanes or driving to fast. Witnesses often get it wrong when motorcycles are involved. The video footage usually proves this, and demonstrates that the motorcycle was driving appropriately.
If you have questions about a motorcycle accident, call our motorcycle lawyers for free consultation at 1-866-234-6093.
Motorcycle Accident Lawyer Toronto: Frequently Asked Questions Following an Ontario Motorcycle Accident
Following a serious Ontario motorcycle accident, you will no doubt have many questions and concerns about your rights, obligations and your future. Iacobelli Law Firm offers prospective clients a free consultation with an Ontario motorcycle accident injury lawyer. If, after discussing your case with us, you decide not to pursue a claim or if you decide to proceed with another Ontario law firm there is no obligation on your part. Any information you have provided to us is also confidential and protected by the lawyer-client privilege.
We have also provided some answers to common questions on our website. Here are some of the more common questions that injury victims have following a serious motorcycle accident in Ontario.
1. Do I need a lawyer for a motorcycle accident claim in Ontario?
It is not mandatory that you have a lawyer. While you can represent yourself, the insurance and claims process is complex and it is recommended that you have an experienced lawyer working for you. We offer a free consultation, so you can speak with a motorcycle accident lawyer and then decide how you would like to proceed.
2. What financial compensation can I receive following a motorcycle accident in Ontario?
If you are injured as a result of a car or motorcycle accident in Ontario, you may be entitled to compensation from two sources:
Accident Benefits from your own motorcycle insurance policy or from the insurance for another vehicle involved in the
Tort Claim against the at-fault driver for compensation, including damages that are not available through accident
benefits, such as pain and suffering.
Ontario has a hybrid no-fault insurance system for automobile and motorcycle accidents, which allows you to obtain accident benefits irrespective of fault. In addition, an injured person can also obtain compensation from the at-fault driver's insurance company.
3. How do I pay for a personal injury lawyer following a motorcycle accident in Ontario?
In most cases, fees will be charged on a contingency basis – in other words, there is no charge unless and until you receive compensation. The fee is normally a percentage of your final settlement. The initial consultation with you is complimentary and absolutely free. Learn more about No Win - No Fee contingency fee retainers.
4. How long will it take to settle my Ontario motorcycle accident case?
This will often depend on who you are suing and the nature and complexity of your Ontario motorcycle accident and resultant injuries. After reviewing the specific facts of your claim, a lawyer should be able to provide you with some estimate of how long your motorcycle accident case will take to resolve.
5. Can I settle my motorcycle accident case out of court?
A claim can be settled at any time, including before the suit is filed, after the suit is filed, and, of course, before trial is started. Motorcycle accident lawsuits and claims can also be settled during or after trial. Statistically, most cases settle before trial and few ever go to trial.
6. How do I prove that the other vehicle caused the motorcycle accident?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. To
win a personal injury lawsuit following a motorcycle accident, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. Even if you are partially at fault for the accident, you may still be able to recover against the other driver's insurance company. An experienced motorcycle accident lawyer will be able to evaluate the circumstances of your motorcycle accident. Where necessary we will also retain experts in order to help prove that the other vehicle caused your motorcycle accident.
7. What is the Statute of Limitations?
Time is not your friend following a motorcycle accident. There are specific time limits, called "statutes of limitations," that govern the period during which you must file a personal injury claim. When the statute of limitations expires on your motorcycle accident case, you are barred from bringing a lawsuit and you simply don't have a case anymore.
8. How much is my Ontario motorcycle accident case worth?
Every motorcycle accident case is different. In personal injury cases from motorcycle accidents, you may be entitled to compensation for such things as pain and suffering (past and future); lost wages and ability to earn income (past and future); medical and rehabilitation expenses (past and future); and loss of enjoyment of life (past and future). In order to evaluate your personal injury claim, we will have to speak with you and ask you some questions.
9. Is delay in speaking with a Ontario motorcycle accident lawyer a bad idea?
It is absolutely a bad idea to delay in speaking to a lawyer about your rights if you have been injured in a motorcycle accident. Time is not your friend. There are specific time limits, called statutes of limitations that govern the period in
which you must file a personal injury lawsuit. In addition, delay can make it more difficult for your lawyer to secure the information needed to help prove your case, such as witness statements or other evidence. Also, by delaying, you are giving the insurance company the opportunity to build its case to defeat and deny your claim.
10. Is there any obligation or fee if I contact you for a consultation about my motorcycle accident?
No. Consultations are free. Fees are only charged if your motorcycle accident case is accepted and a recovery of money damages is achieved on your behalf. If, after discussing your motorcycle accident with us, you decide not to pursue a claim or if you decide to proceed with another law firm there is no obligation on your part. Any information you have provided to us is also confidential and protected by the lawyer-client privilege.
To learn more, contact a Toronto motorcycle accident lawyer at 416-900-1070 or toll free at 1-866-234-6093, or complete or online contact form here.
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Motorists owe a duty of care to pedestrians. In most instances, when a pedestrian is struck by a car or other motor vehicle in Ontario, there is a presumption of negligence against the driver of the motor vehicle. This means the pedestrian may have an easier time proving the liability of the vehicle that struck them.
Accidents involving pedestrians are, unfortunately, quite common. Pedestrian accidents occur in roadways, crosswalks, intersections and often times in driveways and parking lots. The frequency of pedestrian accidents increases with poor weather and poor lighting conditions.
If you were injured by a vehicle while walking or cycling, you may be entitled to recover your damages from the at fault driver. Contact York Region personal injury lawyer, Andrew A. Iacobelli, for a free consultation.
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