If a person in a car involved in a collision with a motorcycle is injured nothing stops them from starting a lawsuit. When that injury results in death, their loved ones have every right to file a claim under wrongful death motorcycle accidents in Toronto. Whether the other driver did something that caused the accident that lead to injury will determine liability for wrongful death motorcycle accidents in Toronto. Claims for damages can be filed with an experienced wrongful death attorney when the person was not able to survive the injuries they sustained in the accident.
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Serious Collisions
Usually, people on motorcycles tend to have very serious injuries and are left with permanent functional limitations. People in cars tend to have more safety equipment available to them which may reduce the severity of the impairment, depending on the nature of the collision.
A motorcycle accident is not necessarily different than a car, a truck, or an SUV collision. The principle is that it may have more common consequences because a person on a motorcycle has less protection, whether it is seatbelts or airbags. However, the liability facts will be the same.
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Pursuing Damages
The survivors can bring an accident benefits claim and they can get things like the funeral expenses and a death benefit. They may be entitled to the grief counseling; if the person who passed away did not die immediately at the scene and survived for a period of time, they may have access to other benefits for attending care or income replacement benefits, honorary benefits, or caregiver benefits, it just depends on the context of the person who was injured and how long they survived.
An individual could also bring the lawsuit against the at-fault driver for the survivors seeking a variety of compensation including; the loss of care, guidance, and companionship; a loss of an interdependent relationship; and any out-of-pocket nursing or incurred expenses that were sustained along the way.
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Role of Negligence in Motorcycle Accidents
If the at-fault party made an illegal left-hand turn and they struck either a car or a motorcycle, the facts are pretty much the same. However, there may be other things that a jury has to consider. Such as whether or not the motorcyclist did anything unusual. Examples can be things like driving between cars to get through traffic when traffic is slower or making a sudden move. Something unusual could also affect the reaction time for another motorist. The jury has to understand the dynamics of the accident to make a finding on liability in wrongful death motorcycle accidents in Toronto. The questions about the damages are separate and apart from this analysis.
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Toronto Helmet Laws
If a person is operating a motorcycle, they are required to wear a helmet. Attorney’s suggest that if a motorcyclist does not want to sustain a brain injury they bear some responsibility for whether or not they wear a helmet. The legal principle called contributory negligence for wrongful death motorcycle accidents in Toronto, means damages will be reduced proportionately to the claimant’s degree of fault.
If a person is on a motorcycle, someone knocks them off and that person shatters their ankle, there will likely be no penalties for the absence of a helmet. The argument for death from a head injury sustained from an accident is that the impairment could have been prevented if that person had a helmet on. It will not mean that the other side is not at fault for the collision, but it will mean that a person’s damages can be reduced under certain circumstances.
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