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.
There is little else as enjoyable as taking to the open road by motorcycle in Ontario. We have many scenic roads that are best enjoyed on a motorcycle. Like many of life's pleasures, however, riding a motorcycle comes with some risk. Although motorcycle riding is usually a safe and enjoyable activity, there is the possibility of being in amotorcycle accident.
Many motorcycle accidents in Ontario occur when other drivers fail to observe the presence of a motorcycle sharing the road. Many of the most serious motorcycle crashes occur when other vehicles turn across the path of an approaching motorcycle. While there are ways that motorcycle riders make themselves more noticeable to other vehicles, crashes continue to occur.
Toronto motorcycle accident lawyer Andrew Iacobelli and Iacobelli Law Firm are committed to protecting the rights of motorcycle accident victims throughout Ontario. Following a motorcycle accident in Ontario, an injured rider and his or her family have the right to seek compensation against negligent drivers who cause an accident. Your right to compensation and the success of your claim, however, may depend on the actions that you and your family take shortly following the crash. While it will no doubt be a stressful time, where your main concern will be upon health, the insurance company will be requesting mountains of information. A proactive adjuster will often want to meet with you at your hospital room or home within a short time of a motorcycle accident. Any time the insurance company is asking to interview you, meet with you, or if they want you to complete forms, you should consider talking to an experienced motorcycle accident lawyer. The information that you provide to the insurance company may impact upon your claim and right to compensation. In addition, we are providing some other information about the things that you should know following an Ontario motorcycle accident.
What you can do after a Ontario motorcycle accident to protect your legal rights:
Andrew Iacobelli is an Ontario motorcycle accident and injury lawyer. Call me to request a free consultation. To learn more about your rights following a motorcycle accident call us at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here.
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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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Driver Charged Following Fatal Motorcycle Accident at Highway 400 Ramp and Major Mackenzie in Vaughan, Ontario
By: Andrew Iacobelli
A Richmond Hill man was killed in a motorcycle accident on September 12, 2012 on the Highway 400 off-ramp and Major Mackenzie Drive in Vaughan. The York Regional Police have charged the driver of the other vehicle involved.
This fatal motorcycle accident occurred on the evening of Wednesday September 12, 2012 at Major Mackenzie Drive and Highway 400 in the City of Vaughan. According to reports, a 45 year old man from Richmond Hill, Ontario was killed in a collision with a truck. The York Regional Police were investigating the circumstances of this fatal motorcycle accident, and have recently announced that charged have been laid agains the driver of the truck.
The driver of the truck, a 30 year old man from Etobicoke has been reportedly charged with Impaired Driving causing Death and Dangerous Operation of a Motor Vehicle causing Death. Although charges have been laid, police are still requesting anyone with information is asked to contact the Collision Investigation Unit at 1-866-876-5423, ext. 7704, or Crime Stoppers at 1-800-222-tips.
Iacobelli Law Firm offers its sincere condolences and support to the family and friends of the man who was tragically killed as a result of this accident.
In addition to the charges pending against the truck driver, this fatal accident may also lead to the filing of a wrongful death claim on behalf of the family members of the deceased motorcycle rider. In Ontario, when someone dies as a result of the actions or negligence of another person, the surviving members of the deceased’s family can pursue a
claim for wrongful death. Representing the most egregious form of personal injury, wrongful death claims are civil cases — they do not assign criminal responsibility for the death. By making a wronful death claim, the family of may be able to recover damages for their loss, which may include compensation for the loss of guidance, care and companionship of their loved one, as well as loss of support and services.
There are strict time limits available for commencing a wrongful death claim in Ontario. Early investigation and preservation of facts are essential.
If you have tragically lost a loved one as a result of the negligence of another person or company, contact a dedicated ontario wrongful death and fatality claims lawyer to learn about your rights. The consultation is free and without any obligation.
Ontario Lawyer Discusses Motorcycle Accident Injury Claims:Toronto and York Region Motorcycle Accident Lawyer
With the beautiful weather we have been having in Toronto and the GTA, it is no wonder that riders are taking to the road by motorcycle. This long weekend promises more good weather, and should be a great time to get out and ride your motorcycle. Although I sold my motorcycle a few years ago, I can still appreciate the pleasure of going out for a ride on our province's scenic roads, and I'm sure that I'll get another motorcycle one of these days.
Unfortunately, every year many motorcyclists in Ontario are seriously injured in motorcycle crashes. Although some people hold the belief that motorcycle riders cause these accidents, the statistics more often reveal that most motorcycle crashes are caused by other drivers. Very often, drivers simply fail to see motorcyclists. Many motorcycle riders attempt to increase awareness of their presence by wearing reflective gear, or adding loud pipes to their motorcycle. We all have to be aware of motorcycles sharing the roads and we should give them plenty of space. This means, use extra caution and look before changing lanes and making turns.
When an injury does occur, a motorcycle rider and their family may be entitled to claim for damages and losses under Ontario law. Motorcycle accidents are unique and require a personal injury lawyer with experience in order to successfully prove that the other vehicle was at fault. A motorcycle rider may recover damages and losses even if they were at fault for the accident.
In addition to my interest in motorcycles, I have also obtained a lot of experience in litigating motorcycle accident claims. Before returning to Ontario, I practiced personal injury law in South Florida, a haven for motorcycle enthusiasts. I was involved in litigating many serious motorcycle collisions. Sadly, most of these cases involved catastrophic injuries and fatalities. Through my experience, I have also had the opportunity to work with some of the world's leading experts on motorcycle safety, including authors of the famous Hurt Report. I bring this experience and commitment to every motorcycle accident claim.
If you have been seriously injured in a motorcycle accident in Ontario, or if you have lost a loved one, please feel free to call me for a free consultation.
Injury Lawyer for York Region, Newmarket, Richmond Hill, Vaughan, Markham, Ontario Discusses Motor Vehicle Accident Claims
While the majority of motor vehicle accidents are minor fender benders, thousands of auto accidents result in serious or debilitating personal injury and, in some cases, death. Accident lawyers serving Toronto and York Region have the knowledge and the compassion to help those whose lives have been affected by a serious transportation accident.
Car accidents are common occurrences that claim the lives of thousands of people nationwide every year. Car accidents also result in untold injuries and billions of dollars in property damage. A majority of automobile accidents are caused by dirver errors and negligence.
Trucking accidents often result in injuries and deaths to the drivers or passengers of the automobiles with which they collide. Causes of trucking accidents include speeding, unrealistic schedules, truck driver fatigue and 18 wheeler safety issues.
Motorcycle accidents and motorcycle fatalities continue to be a growing concern. Many motorcycle accidents are not the fault of the motorcyclist and are often caused by inattentive drivers who fail to see the motorcycle and pull out from a side road or turn into a motorcyclist at an intersection.
Public transportation injuries are becoming more common as an increasing number of people seek alternative ways to get around in the wake of rising gas prices. From buses, to vanpools, from commuter trains to light rail and passenger ferries, public transportation providers are required to take care for the safety of their passengers.
Drunk Driving Accidents often result in serious injuries and sometimes death. Despite ever increasing criminal sanctions for drunk driving, many people still get behind the wheel after they have been drinking.
If you or a loved one has been seriously injured, or if you have lost a loved one, as a result of a motor vehicle accident, an Ontario personal injury lawyer may be able to assist with navigating the insurance claims process. For a complimentary consultation contact Ontario personal injury lawyer, Andrew Iacobelli.