If anyone is injured following a motorcycle accident in Toronto, the first steps they should take include seeking medical attention and contacting a distinguished motorcycle accident lawyer. Contacting the police may or may not dispatch someone to the scene, and they may tell the person to go to a collision reporting center afterward. If safe to do so, a person should move the vehicle to the side of the road and out of traffic, if their vehicle, whether motorcycle or car, cannot be driven, then they should turn on the hazards and use cones, triangles, or flares.
For more information on what to do following a motorcycle accident in Toronto, an individual should contact a distinguished accident lawyer to assess the level of damages they are eligible for.
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Speaking with Others Involved
If a person has a camera or a phone that takes pictures, it is a good idea to try to take pictures at the scene before the vehicles are moved. Of course, a person needs to use their own judgment. If the collision is in the middle of a 400-series highway, getting out of their vehicle is not advisable. The individual involved in the incident should write down the names, addresses and telephone numbers of the other driver, passengers, and witnesses. With regard to the other driver, it is important to write down their contact information, their insurance information, their license plate number, and their driver’s license.
It is also important to remain calm and not argue with the other drivers or passengers. If someone begins to argue, advise them to tell their story to the police. An individual should not voluntarily assume liability, take responsibility, sign statements regarding fault, or make any promises to pay for damages at the scene of the accident.
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Avoid Admitting Fault
Asking if the other driver and passengers are okay is a common reaction, but a person involved in an accident needs to understand that ultimately if there is litigation, most motor vehicle accident cases are decided by a jury. In court, an opposing lawyer might reference statements made following a motorcycle accident in Toronto such as “are you okay?” and “I’m sorry” which imply that a person who made these statements is assuming responsibility. A person has to understand that it is ultimately the jury who must be convinced because those statements could be misconstrued by a jury.
Contacting a Lawyer Early On
It is very important to speak to a lawyer following a motorcycle accident in Toronto because there are many different considerations and investigations to make initially. A lawyer has to ascertain that all the proper parties are being sued. A lawyer has to research the owner that car because the owner of the car can be liable. A person has to make sure that they are suing not only the driver of the car, but also the owner of the car. There may be legal issues with consent present, as to whether the driver has the owner’s consent to drive the car.
There are so many different considerations that affect a person’s claim and having a lawyer makes all the difference. When a person has a lawyer from the outset, the claim should start in the correct way. If a person decides to represent themselves, they may not build their claim in the best way possible for recovering a fair and reasonable settlement.
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Possible Penalties of No Insurance
It is best to report the accident to one’s insurance company right away, immediately following a motorcycle accident in Toronto. If a person fails to let their insurance company know that they were involved in an accident, the insurance company may use that fact that to deny coverage.
Sometimes a person is involved in a collision with a driver who does not have insurance despite the fact that insurance is mandatory, and in that case, an experienced lawyer will look at that driver’s insurance policy and determine whether there is other coverage available for when the other driver does not have insurance.
It is possible that it will become necessary for the Motor Vehicle Accident Claims Fund to respond on behalf of a person who does not have insurance. An experienced lawyer can help navigate cases where the at-fault driver stole the vehicle and if the at-fault party was using the vehicle for a criminal activity.