Our motorcycle accident attorney at Sidhu Lawyers answers the most frequently asked questions about crashes and injury claims.Â
If you own a motorcycle or are an avid rider, you’ve likely had questions about what to do after an accident, how claims work, and when to seek legal help.Â
Let our motorcycle accident lawyers address the concerns every rider should be aware of.
Key Takeaways
- Compensation for pain and suffering varies depending on the severity of your injuries, with minor injuries capped at $10,400.
- Expenses like medical costs, lost income, property damage, or future expenses can be included in many motorcycle accident claims.
- The Fatal Injuries Act explains when and how family members can claim compensation after a loved one’s accidental death.
How Many Motorcycle Accident Cases in Nova Scotia Result in Injury or Death?
Between 2016 and 2020, Canada saw an average of 180 motorcycle-related deaths each year. More than half of these fatalities were caused by just three main types of motorcycle collisions.
| Common Fatal Collisions | Percentage |
| Collision with a stationary object or ran off the shoulder | 27 |
| Left-turn collision or right-angle collision | 25 |
| Head-on collision | 10 |
Loss of control was reported in 27% of cases, and excessive speed was involved in about 24% of motorcycle accident victims.
What Are the Most Common Motorcycle Accident Injuries Resulting in Physical Harm?
When comparing a motor vehicle accident to a motorcycle accident, the key difference lies in the motorcyclist’s heightened vulnerability to automobiles, trucks, and other dangers. Common physical injuries sustained by motorcyclists include:
| Road rash | Motorcycles slide across the pavement and accumulate abrasions and sometimes deeper tissue damage. |
| Head and neck injuries | Motorcyclists are prone to concussions, skull fractures, and soft tissue injuries in the neck. |
| Limb injuries | The absence of a seatbelt makes arms and legs more susceptible in motorcycle crashes. |
These injuries are far more frequent in motorcyclists than in automobile drivers, though this list does not cover all possible severe injuries and physical pain. Motorcyclists may also suffer from neurological, spinal, and internal injuries as a result of an accident. The costs associated with these damages, such as health bills and lost wages, are part of the damages that can be included in many motorcycle accident claims.
Are Psychological or Emotional Injuries Common in Motorcycle Accident Claims?
Even a relatively minor accident, or one with few or no physical injuries, can lead to psychological effects such as anxiety, depression, fear, PTSD, and recurring nightmares. These symptoms may not manifest until days or weeks after the accident, so it’s necessary to consult with a personal injury lawyer before settling your motorcycle accident case.
These less-visible psychological injuries can be included in an accident claim and may be categorized under damages like:
- Emotional distress
- Pain and suffering
- Scarring and disfigurement
Insurance companies will look into your medical records, witness statements, and accident reports to determine the case and the compensation they will give you.
Are Family Members Eligible to File For Fair Compensation?
The short answer is – yes. In Nova Scotia, the Fatal Injuries Act governs claims related to the wrongful death of a family member in an accident. This law outlines the circumstances under which individuals can seek compensation and defines who is eligible to make a claim.
Note that any legal action must be initiated within 12 months of the death. Claims can also be made under the Accident Benefit system for the death of an insured family member.
How Does Shared Fault Impact My Motorcycle Accident Claim?
Even if you think you are partially at fault for your accident, find yourself a good motorcycle accident law firm. Experienced legal representation works to ensure you receive the maximum financial recovery.
Our motorcycle and auto accident attorney will use effective legal strategies to help you avoid undervaluing your damages. Sidhu lawyers aim to achieve the best possible outcome based on your level of involvement and future needs, like lost income and medical expenses.
What is Comparative Negligence?
A legal principle used in motorcycle accident cases where multiple parties may be at fault. When a victim shares some responsibility for their own injuries, comparative negligence allows for the distribution of blame among all parties involved.
This system enables injured individuals to recover at least a portion of their personal injury claim, even if they are partially liable.Â
The aim is to achieve a fair outcome by assigning responsibility in proportion to each party’s role in the accident.
For instance, if you’re found to be 20% at fault and another driver is 80% responsible, you can still file a claim. However, your total damages will be reduced by 20%. If you want the compensation you deserve, hire the right motorcycle accident lawyer who will not allow insurance companies to reduce your claims and get a fair settlement from the at-fault party.
What are the Legal Fees for a Personal Injury Claim in Nova Scotia?
Payment depends on the personal injury attorney you hire, but we at Sidhu Lawyers accept a contingency fee basis. A contingency fee is a percentage of the compensation we receive on your behalf if the case is successful. If you win, we will take the agreed-upon percentage.
According to Rule 3.6-2 of the Code of Professional Conduct for Nova Scotia Lawyers, a lawyer may enter into a written agreement where their fee is contingent on the outcome of the case.
Contingency fees are primarily used by personal injury lawyers, especially in personal injury cases involving serious injuries. They are less common in other legal services.
If you lose the case, you won’t owe us any fees, although you may still be responsible for other expenses, known as disbursements.
The fee percentage is negotiable, but it must be fair and reasonable. It is based on factors such as:
- Likelihood of success
- Nature and complexity of the personal injury lawsuits
- Costs and risks involved
- Expected recovery amount
- Whether a cost award may be issued
A contingency fee agreement must be in writing and include specific terms as outlined in Rule 77.14 of Nova Scotia’s Civil Procedure Rules.
Am I Covered for Motorcycle Damage in Nova Scotia?
All drivers must carry liability insurance, but collision coverage is optional. This additional coverage can be essential in protecting your property and financial well-being.
When your motorcycle or vehicle is damaged in an accident, who pays for repairs depends on your insurance coverage and who was at fault. But what happens if the other driver is uninsured or flees the scene?
Collision Coverage
An optional part of your auto insurance that covers the cost of repairing or replacing your motorcycle if it’s damaged in a crash. The coverage provides protection regardless of who is at fault. If you carry this coverage, you’ll typically be responsible for a deductible, usually between $250 and $1,000, determined when you purchase the policy.
If you’re not at fault and the other driver has the required liability insurance, your insurer may cover the repairs without requiring you to pay the deductible. But if you’re at fault, or the other driver is uninsured, you’ll be responsible for paying your deductible under your collision policy.
If You Don’t Have Collision Coverage
Without collision coverage, you’re not covered for repair or replacement costs if you’re responsible for the accident. Even if you’re not at fault, and the at-fault driver is unidentified—such as in a hit-and-run—you may be left covering the expenses out-of-pocket if you don’t have collision protection in place.
If My Injury is a Minor Injury, What Compensation Can I Receive?
Motorcycle accident claims are governed by the Insurance Act and its Regulations, which limit compensation for pain and suffering in cases classified as “minor injuries.” These include sprains, strains, and certain whiplash-associated disorders (WAD) Grades 1 and 2—provided they do not result in serious impairment of physical or cognitive function.
Minor injury is a ligament or tendon sprain, muscle strain, or a WAD injury that does not cause lasting or serious impairment. If your injury falls under this category, your compensation for pain and suffering is subject to a maximum amount, commonly referred to as the minor injury cap.
This cap is set annually by the Superintendent of Insurance. For example, in 2024, the cap has been adjusted for inflation and set at $10,400. Your injury’s specific classification depends on your case’s unique facts.
How Much Do I Receive If the Injury is Severe?
Not all injuries fall under the minor injury classification. Injuries such as bone fractures, concussions, PTSD, or soft tissue injuries resulting in serious impairment are not subject to the minor injury cap. In such cases, damage awards are guided by previous court decisions (precedent), with the potential for higher compensation. However, there is still an upper limit for pain and suffering in Canada.
In cases involving catastrophic injuries, such as severe traumatic brain injuries or paralysis, the Supreme Court of Canada has set a national cap on general damages for pain and suffering. Originally established in 1978 at $100,000, this cap has been adjusted for inflation and is approximately $434,000 as of 2024.
Drive Safely, But In Case of an Accident, Hire Sidhu Lawyers
No matter how carefully you drive, most motorcycle accident cases happen because of circumstances beyond the rider’s control. When you find yourself in this situation, have a trusted legal team that can guide you through the legal process with confidence and clarity.
At Sidhu Lawyers, our team has in-depth experience and knowledge in personal injury law, especially when it comes to a motorcycle injury. If you’ve been injured, don’t let insurance adjusters take advantage of you. Contact our injury lawyer to protect your rights and pursue the maximum compensation you deserve.Â
Frequently Asked Questions
What type of compensation am I entitled to after an accident?
You may be entitled to medical expenses such as emergency treatment, hospital stays, surgery, rehabilitation, and future medical care. If your injuries prevent you from working, you can also claim lost wages and, in more serious cases, loss of future earning capacity.Â
Pain and suffering compensation may be available for physical pain, emotional distress, and the overall impact on your quality of life. If your injuries affect your ability to enjoy hobbies or maintain relationships, you may be entitled to compensation for loss of enjoyment of life and loss of consortium.Â
Can I claim damages to my motorcycle?
Along with physical and emotional injuries, you may also be eligible to receive compensation for property damage after a motorcycle accident. This includes the cost to repair or replace your motorcycle and other damaged personal items like your helmet, clothing, or gear. How you file a property damage claim depends on your insurance coverage and the details of the accident.
Can I make a settlement?
The main goal of pursuing a personal injury or financial loss claim is to secure fair compensation. If a reasonable settlement can be reached, that’s the best outcome. Make sure to seek legal guidance before accepting any offer from an insurance company.Â