At Advocai, our experienced lawyers are skilled at litigating serious motorcycle accident cases. If you’re facing the life-altering consequences of a motorcycle crash, our experienced team will craft the best strategy for your unique set of circumstances to ensure that you obtain maximum recovery.
We understand that motorcycle riders face greater risks on the road and are far more vulnerable in crashes than drivers and passengers in motor vehicles. Motorcycle accident victims often suffer life-altering injuries that affect every facet of their lives. From physical pain and emotional suffering to the pressing need for ongoing therapy and the impact of lost wages - motorcycle accidents cause an overwhelming cascade of challenges. The severity of these accidents often lead to long-term disabilities, ongoing medical treatment, and substantial financial strain, making experienced legal guidance essential.
By providing knowledgeable and compassionate guidance through every step of the legal process, we provide our clients with a sense of security and confidence that they are in good hands. Our team works tirelessly to ensure that motorcycle accident victims receive the full compensation they are entitled to, covering both immediate and long-term needs so they can focus on healing and rebuilding their lives with confidence.
Statutory Accident Benefits (SABs) for Motorcyclists
In Ontario, if you are involved in a motorcycle accident, you will be eligible for Statutory Accident Benefits (SABs) regardless of who is at fault. The Accident Benefits are typically provided by your own no-fault insurer and include medical benefits (like specialist medical assessments, physiotherapy, occupational therapy, massage therapy, psychological counselling), income replacement benefits and attendant care benefits (personal support work assistance).
These benefits are designed to support your recovery by covering expenses and lost income. Our lawyers assist with these claims to ensure you get the benefits you need for your recovery and to assist in settling these claims for a lump-sum payout.
Tort Claims / Lawsuits for Motorcycle Accident Victims
If another driver is fully or partially responsible for the accident, you will likely be entitled to bring a tort claim for compensation for pain and suffering; loss of past and future income; past and future medical/rehabilitation care costs as well as housekeeping and other expenses. A “tort claim” is a legal term used to describe a lawsuit where you sue the at-fault person or persons for their negligence in causing your injuries.
In motorcycle accident cases, the first target of a lawsuit will typically be an at-fault driver. In Ontario drivers are required to have auto insurance to cover them when they cause an accident. The average driver will have an automotive liability insurance policy with a limit of $1,000,000. That at-fault driver will be represented by a lawyer hired by their insurance company and the insurance company will pay the damages up to the limit of the policy. But, insurance companies don’t just hand the money over - your lawyer must prove your case to convince the insurer to settle before trial or convince a judge or jury to award you your damages at trial.
In catastrophic motorcycle claims, $1,000,000 is often not enough to fully compensate the catastrophically injured rider. Experienced lawyers, like the ones at Advocai LLP, will turn over every stone to find additional parties or insurance policies that may be responsible to pay damages. These additional parties can include municipalities (for failure to properly design or maintain a roadway), taverns (for overserving drunk drivers) and other insurance companies (who may provide additional insurance coverage). What often separates lawyers who obtain maximum compensation for their clients from lawyers who undersettle their clients’ claims is the skill and dedication to investigate and prove all possible claims against other parties and insurers.
Why You Need a Motorcycle Accident Lawyer
If you or a loved one has been seriously injured in a motorcycle accident, having skilled legal support makes all the difference in navigating the challenges ahead. A skilled lawyer is an absolute necessity if you are seeking to be properly compensated for your losses. The road to physical and financial recovery can be complex and filled with uncertainties. You may face financial hardship from lost wages, unexpected medical bills, and the difficulty of supporting your dependents which makes hiring experienced legal counsel essential.
At Advocai, we are committed to being the steadfast advocates that motorcycle accident victims need. Our dedicated team of personal injury lawyers specializes in managing serious and complex cases and is ready to guide you through each stage of the legal process. Every step of the way, we will take the time to help you understand your rights, clarify any questions that may arise, and offer support as we work to get you maximum compensation.
Hiring a lawyer immediately after a motorcycle accident is crucial.
Early intervention helps you navigate the accident benefits claim process, ensuring you access the right treatments and medical assessments promptly. This proactive approach improves comfort, safety, and financial stability during your recovery and can lead to better physical and psychological outcomes long-term.
The initial legal work also sets the foundation for your case, which is essential so insurers take your claim seriously and are prepared to pay full compensation. Many lawyers overlook the importance of these early stages; but at Advocai, rest assured that you’ll get a lawyer who acts quickly to protect your rights and lay the groundwork for a stronger case.
The duration of a motorcycle claim varies widely depending on the specifics of the case.
While the average motor vehicle case in Ontario can take 6 to 10 years to reach trial, over 99% of Ontario MVA cases settle before trial. At Advocai, we typically resolve serious motorcycle claims within 1 to 3 years. Cases are more likely to take longer if they involve complex or contentious issues.
By working proactively, we aim to streamline your claim and achieve a fair resolution as swiftly as possible.
Advocai operates on a contingency fee basis — meaning we only get paid when you receive your settlement.
While many law firms work off standard contingency fees, we believe each case deserves a personalized evaluation to ensure fair and competitive rates based on its unique details. In motorcycle accident cases, our fee is capped at 30% of your settlement or trial award, inclusive of costs, plus HST.
After a motorcycle accident, you’re entitled to file an Accident Benefits (AB) claim. You may also have the option to pursue a tort claim, depending on fault in the accident. The scope of benefits available through an AB claim, as well as the types of damages recoverable in a tort claim, will depend on the specific details of your case.
If you are partly at fault for the accident you likely have the right to bring a lawsuit against the other at-fault party/parties. If you are fully at fault for the accident then you will not be in a position to sue for your damages.
Regardless of who is at fault, you will have the right to make an Accident Benefits claim. This is true even if you were fully at-fault for the motorcycle accident. In many motorcycle cases we will represent at-fault individuals to help them access the treatment and care they need and then settle their accident benefits claims. In cases where we represent you for accident benefits only, we charge a contingency fee when your AB claim settles or when we secure an award or decision in a Licence Appeal Tribunal dispute. No fees are charged on any of your benefits (income replacement, medical, rehabilitation, or other benefits) that you receive before there is a settlement or award in your case.
The lawyers at Advocai LLP have recovered millions of dollars on behalf of motorcycle accident victims we have represented. Contact us for more details or to be connected directly with one of our past clients who can talk to you about their experience working with us.
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Contact us for more information about our services and to discuss your claim.