Mississauga Motorcycle Accident Lawyers
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Suffering injuries or losing a loved one in a motorcycle crash can leave you dealing with sudden medical bills, time away from work, and lasting changes to your daily life. When someone elseโs carelessness caused the collision, you may wonder how to hold them accountable and what steps to take next.
Our Mississauga motorcycle accident lawyers at Preszler Injury Lawyers can help you protect your rights, pursue financial recovery, and focus on rebuilding your life. We offer free consultations to review your options and explain how we may assist you. To get in touch, call us at 1-888-608-2111 or fill out our online contact form now.
Key Takeaways About Motorcycle Accident Claims in Mississauga
- Ontario follows fault determination rules that assign responsibility for accidents, even in no-fault insurance systems.
- Motorcyclists can access Statutory Accident Benefits regardless of fault.
- You usually have two years to start a lawsuit, but shorter deadlines apply in some situations.
- Motorcycle claims often involve bias against riders, making careful documentation important.
- Compensation may include lost income, rehabilitation costs, and other expenses linked to your injuries.
- Several parties may share liability, including drivers, government bodies, and manufacturers.
- Common accident causes in Mississauga include left-turn collisions, distracted driving, and road hazards.
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Since 1959, weโve helped thousands of Canadians get the compensation they deserve with their motorcycle accident claims. One of Canadaโs oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.
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What Are Your Rights After a Motorcycle Accident in Mississauga?
Motorcycle riders in Mississauga rely on Ontarioโs insurance and injury laws to guide their claims after a crash. Knowing these rules helps you understand what you may pursue and how responsibility is determined.
Understanding Ontarioโs Fault Determination Rules
Ontario uses a no-fault insurance system. This doesnโt mean nobody is blamed for an accident. Instead, your own insurer pays certain benefits regardless of who caused the crash. Separate from those benefits, the law allows you to bring a lawsuit against the at-fault driver for losses that go beyond basic insurance coverage.
Statutory Accident Benefits Available to Motorcyclists
Accident Benefits provide immediate support after a crash. Motorcyclists may apply for these through their insurer, and they cover a range of needs:
- Medical and rehabilitation care: Services not covered by public health insurance, like physiotherapy or occupational therapy.
- Income replacement: A percentage of your weekly income if you cannot work.
- Attendant care benefits: Payments for personal support if you need help with daily tasks.
- Death and funeral benefits: Financial help for families after a fatal accident.
Time Limits for Filing Claims in Ontario
Strict deadlines may apply to motorcycle accident claims:
- Insurance claims: Notify your insurer within seven days of the accident.
- Accident Benefits application: Submit within 30 days of the accident.
- Lawsuit for damages: File within two years of the accident.
Missing these time limits may prevent you from pursuing compensation, so taking action quickly matters.
When You Can Sue the At-Fault Driver
If your injuries meet Ontarioโs threshold test, meaning they result in permanent or serious impairment, you may sue the at-fault driver. This type of lawsuit lets you pursue compensation beyond Accident Benefits, such as long-term income loss, ongoing care, and pain and suffering.
How Do Motorcycle Accidents Differ from Car Accidents in Ontario?
Motorcycle accidents often lead to more severe injuries than car crashes. They also raise unique issues in insurance claims and legal proceedings.
Unique Challenges Motorcyclists May Face
Motorcyclists have less protection than people inside cars. Without airbags or reinforced frames, riders face direct exposure to impact. Even a low-speed collision on Dixie Road or near Square One can result in fractures, head trauma, or road rash.
Bias Against Motorcycle Riders in Claims
Insurance companies sometimes suggest riders take unnecessary risks simply because they ride motorcycles. This bias can affect settlement negotiations. Lawyers familiar with these tactics can work to counter unfair assumptions and highlight the actual cause of the accident.
Severity of Injuries and Long-Term Impact
Motorcycle crashes frequently result in catastrophic injuries. Traumatic brain injuries, spinal cord damage, and multiple fractures may require months of rehabilitation and sometimes permanent adjustments to work and home life.
Insurance Coverage Differences
Motorcyclists often pay higher premiums, but their insurance coverage still differs from standard car policies. For example, Accident Benefits caps may apply differently, and optional coverages like income replacement or enhanced medical coverage often play a larger role in rider claims.
What Compensation Can You Recover After a Motorcycle Crash in Mississauga?
While Ontarioโs health system (OHIP) covers necessary medical care, many accident-related costs fall outside public coverage. After a motorcycle crash, you may pursue compensation for:
- Rehabilitation not covered publicly: Private physiotherapy, chiropractic care, and occupational therapy often involve regular, expensive sessions that can add up quickly. For example, someone with multiple fractures may need months of physiotherapy at a private clinic in Mississauga to regain strength and mobility.
- Lost income during recovery: A rider injured on Burnhamthorpe Road may miss several weeks or months of work while healing. Compensation may cover wages lost during this period.
- Future earning losses: Permanent limitations, such as difficulty lifting or sitting for long hours, may prevent someone from returning to their career. A motorcycle mechanic, for instance, might no longer be able to perform the heavy lifting required in the job.
- Pain and suffering: Beyond financial loss, accidents cause physical discomfort and emotional distress. A rider who once enjoyed long weekend rides along Lakeshore Road may now struggle with constant pain or anxiety about riding again.
- Loss of enjoyment of life: Injuries often prevent people from taking part in activities they once loved, like playing recreational hockey at Vic Johnston Arena or spending time gardening.
- Long-term care needs: Some riders require ongoing assistance, such as home care services or mobility aids, which arenโt covered by public health plans.
- Out-of-pocket expenses: Motorcycle crashes often lead to costs like prescription drugs, crutches, wheelchairs, or even home renovations, such as ramps.
- Motorcycle repairs or replacement: Damage to your motorcycle and safety gear can add thousands of dollars in costs. Even a helmet or riding jacket may need replacement, adding to financial strain.
Who Can Be Held Liable for Your Motorcycle Accident?
Multiple parties may share responsibility for a crash. Identifying all liable groups may strengthen your claim.
Other Drivers and Vehicle Operators
Drivers remain the most common source of liability. Speeding, failing to yield, or distracted driving often leads to collisions with motorcyclists. For example, a driver who changes lanes on Mavis Road without checking blind spots can easily sideswipe a motorcyclist. In other scenarios, a driver who texts while travelling along Eglinton Avenue may drift into a lane and strike a rider. These actions violate Ontarioโs Highway Traffic Act and provide a clear legal basis for liability.
Government Entities for Road Defects
Road conditions in Mississauga can create hazards for riders. Uneven pavement, large potholes, and poorly marked construction areas often contribute to accidents. For example, if a motorcyclist skids out on Confederation Parkway due to unmarked loose gravel from a nearby project, the City of Mississauga or the contractor responsible for road work may share liability.
Manufacturers for Defective Parts
Sometimes, the motorcycle itself contributes to the crash. Faulty brakes, defective tires, or malfunctioning throttle systems may cause loss of control. If a newly purchased motorcycle has a brake defect that causes an accident on Dundas Street, the manufacturer or distributor could be liable under product liability law.
Even aftermarket parts, such as replacement tires or fuel tanks, may create liability if they fail during normal use. These claims usually require technical experts to evaluate design, manufacturing, or installation errors.
Property Owners for Hazardous Conditions
Spilled substances from businesses near roadways or debris from private properties can create hazards for motorcyclists. For example, a strip mall along Dundas Street with poor waste management could leave debris on the road, leading to accidents. Owners who allow unsafe conditions on or near their property may face legal responsibility.
Common Causes of Motorcycle Accidents in Mississauga
Accidents happen for many reasons, but certain patterns sometimes appear more often in motorcycle crashes.
Left-Turn Collisions at Intersections
One of the most common accidents occurs when a driver turns left across a motorcyclistโs path. These collisions often happen at busy intersections like Dundas Street and Cawthra Road.
Lane-Splitting and Merging Incidents
When traffic is slow, some riders attempt to move between lanes. At the same time, drivers may merge without checking blind spots. This creates high risk for sideswipe accidents, especially near Highway 403 on-ramps, where traffic often shifts quickly.
Road Hazards and Poor Maintenance
Loose gravel, potholes, or uneven pavement can cause a rider to lose balance. Areas near construction zones, such as around Erin Mills Parkway, often create these dangers. Riders unfamiliar with ongoing work zones may be caught off guard by sudden surface changes.
Impaired and Distracted Driving
Drivers under the influence of alcohol or drugs, or those distracted by phones, put riders at great risk. For example, distracted drivers exiting Square Oneโs parking garages sometimes overlook motorcycles travelling on City Centre Drive.
How Our Mississauga Motorcycle Accident Lawyers Can Help
At Preszler Injury Lawyers, we help clients build strong claims and hold negligent parties accountable. Our team provides hands-on support at every stage of the process.
Thorough Investigation and Evidence Collection
We begin by gathering evidence such as police reports, dashcam footage, and witness statements. Accident reconstruction experts may recreate the scene to show exactly how the crash occurred. This step creates a clear record that strengthens your case.
Dealing with Insurance Companies
Insurance companies often try to reduce payouts by arguing that a motorcyclist contributed to the accident. We handle communication, respond to adjustersโ questions, and prevent unfair tactics from affecting your claim. Our role includes pushing back when insurers undervalue injuries or deny benefits.
Medical Expert Consultation and Documentation
We coordinate with doctors, specialists, and rehabilitation providers to ensure your injuries are fully documented. Detailed records show the treatment youโve undergone, your progress, and the expected long-term effects. This documentation provides a foundation for explaining the true cost of your injuries.
Negotiating Fair Settlements
Once evidence and documentation are in place, we enter settlement discussions. Our lawyers present the full scope of your losses, from missed paychecks to long-term care needs, so insurers cannot ignore them. We strive to reach agreements that reflect the real impact of the accident, not just the insurerโs first offer.
Court Representation When Necessary
If insurers refuse to offer fair compensation, we can prepare your case for trial. This includes filing necessary court documents, preparing witnesses, and presenting evidence to a judge or jury. While many claims resolve before trial, readiness to proceed to court can encourage insurers to negotiate in good faith.
No Fee Unless We Recover Compensation
We work on a contingency fee basis. That means you donโt pay legal fees unless we successfully resolve your case through settlement or court judgment. This arrangement allows you to focus on recovery without worrying about upfront legal bills.
Contact Our Motorcycle Accident Lawyers in Mississauga Now
Motorcycle accidents often lead to sudden changes that affect health, work, and family life. Taking timely legal action can help secure financial support for recovery and reduce stress during an already difficult time.
Our legal team is ready to review your case, explain your rights, and guide you through the process. Call 1-888-608-2111 or fill out our online contact form today for a free case evaluation.
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Award Winning Personal Injury Law Firm
We are proud to be one of Canadaโs oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. Itโs not just the awards that recognize our achievements, but also the wins weโve achieved for thousands of Canadians with their motorcycle accident claims.
Case Results
motorcycle accident Settlements
Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some motorcycle accident related wins weโve had for our clients.
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motorcycle accident FAQs
Here are some commonly asked questions for motorcycle accident claims
Do I need a lawyer if the other driver’s insurance accepts fault?
Even when fault is clear, insurers may dispute the value of your claim. A lawyer helps you present full evidence of your losses.
How long do I have to file a motorcycle accident claim in Ontario?
You generally have two years from the date of the accident to start a lawsuit. Some insurance claims have shorter deadlines, so acting quickly is important.
Can I still recover compensation if I wasn’t wearing a helmet?
Yes. Ontario law requires helmets, but failure to wear one doesn’t erase your right to compensation. However, it may affect how damages are calculated if the lack of a helmet made injuries worse.
What if the at-fault driver doesn’t have insurance?
You may claim through Ontario’s Motor Vehicle Accident Claims Fund, which provides compensation when no insurance exists.
How much does it cost to hire a motorcycle accident lawyer?
Our lawyers in Mississauga work on a contingency fee basis, meaning legal fees come from the compensation obtained. You don’t pay any fees upfront.
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