I was in a motorcycle accident, what are my legal options?

This article was originally published by The Hamilton Spectator.

Q: I was driving my motorcycle when I was hit by a car. I have physical injuries and a traumatic brain injury. What are my legal options?

A: With the summer upon us, we will see many more motorcycles on our roadways. Unfortunately, accidents involving motorcycles tend to involve more serious injuries. There are two main sources of compensation: you can apply to your own insurance company for Statutory Accident Benefits; and you can sue the at fault driver for compensation.

If you are injured, you can claim accident benefits from your own auto insurance for income replacement benefits, medical benefits, rehabilitation benefits and attendant care benefits. There may be other benefits available to you depending on your automobile policy and whether you purchased optional benefits.

You can also sue the at fault driver for damages. The lawsuit can include a claim for damages for pain and suffering, past and future loss of income, loss of household and handyperson capacity and future cost of care. Your close family members can also bring claims through the Family Law Act for a loss of care, guidance and companionship.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.