A skilled Edmonton motorcycle accident lawyer is invaluable in handling a claim or lawsuit following a commercial vehicle collision. They will promptly investigate the accident, gather critical evidence, and determine liability by examining police reports, witness statements, black box data, and commercial driver records. They can also handle all negotiations with the insurance company, ensuring the injured motorcyclist does not accept a lowball settlement.
To maximize compensation, the lawyer will calculate both economic and non-economic damages, including lost earnings, pain and suffering, and emotional distress. If the insurance company refuses a fair settlement, they can file a lawsuit and represent the injured motorcyclist in court.
With skilled legal representation, motorcycle accident victims have the best chance of recovering full and fair compensation for their injuries.
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How Do Commercial Vehicle Operators Cause Motorcycle Crashes?
Negligent commercial vehicle operators pose a significant danger to motorcyclists on the road. Due to their large size and heavy weight, commercial vehicles require more time to stop, have larger blind spots, and can cause catastrophic damage in a collision. When drivers fail to operate these vehicles responsibly, they create hazardous conditions that put motorcyclists at extreme risk.
One of the most common ways negligent commercial vehicle operators cause motorcycle accidents is by failing to check their blind spots. Because commercial trucks are so large, they have significant areas where smaller vehicles, including motorcycles, can disappear from view. If a truck driver changes lanes without properly checking for motorcycles, they can easily collide with a rider or force them off the road. This often results in serious or even fatal injuries.
Another frequent cause of accidents is distracted driving. Commercial drivers who text, talk on the phone, eat, or adjust their GPS while driving are not fully paying attention to the road. Because motorcycles are much smaller than other vehicles, they can be difficult to spot even when a driver is focused. When a driver is distracted, the chances of failing to see a motorcycle increase dramatically. A single moment of inattention can lead to a devastating crash.
Speeding and reckless driving are also major contributors to motorcycle accidents involving commercial vehicles. Truck drivers who exceed speed limits or fail to adjust their speed for traffic and weather conditions make it much harder to stop in time to avoid a collision. Motorcycles, being much smaller and more vulnerable, often take the full force of these high-speed impacts. Sudden lane changes, tailgating, and aggressive driving behaviours can also put motorcyclists in immediate danger.
Fatigue is another major issue among commercial drivers. Many truckers drive long hours without proper rest, leading to drowsiness and slower reaction times. A fatigued driver may drift into another lane, fail to brake in time or make poor decisions that endanger nearby motorcyclists. When a driver is too tired to react quickly, even a minor mistake can turn deadly.
Negligence by commercial vehicle operators creates dangerous conditions for motorcyclists. Whether due to distraction, reckless behaviour, or exhaustion, these drivers have a responsibility to operate their vehicles safely. When they fail to do so, motorcyclists are often the ones who suffer the most severe consequences.
Types of Injuries in Motorcycle Collisions Where Commercial Vehicles are Involved
Motorcyclists are extremely vulnerable on the road – especially in collisions involving large commercial vehicles. Unlike drivers in cars and trucks, motorcyclists have little protection beyond a helmet and riding gear. When a commercial vehicle operator is at fault in a crash, the motorcyclist often suffers serious or life-threatening injuries due to the sheer size and force of the impact.
- One of the most common injuries in these accidents is traumatic brain injury (TBI). Even when wearing a helmet, a rider’s head can hit the pavement or the vehicle with tremendous force. TBIs range from concussions to severe brain damage, which can lead to long-term cognitive, physical, and emotional impairments. In the worst cases, these injuries may be fatal or leave the victim permanently disabled.
- Spinal cord injuries are another devastating consequence of motorcycle crashes with commercial vehicles. The force of such a collision can crush vertebrae or sever the spinal cord, leading to partial or complete paralysis. A rider who suffers a spinal injury may lose the ability to walk or even experience loss of function in their arms and hands, drastically altering their quality of life.
- Broken bones are also extremely common in these crashes. Because motorcyclists are often thrown from their bikes upon impact, they frequently suffer fractures in their arms, legs, ribs, and pelvis. Some fractures are simple and heal over time, but others may require multiple surgeries, metal implants, or long-term rehabilitation. Severe breaks can also lead to permanent disabilities.
- Road rash is another injury unique to motorcyclists. When a rider is thrown from their bike and slides across the pavement, their skin can be torn away, leading to painful abrasions. In severe cases, road rash can cause deep wounds, infections, and permanent scarring. If the abrasions are extensive, skin grafts may be necessary to repair the damage.
- The strong force of impact can also cause damage to internal organs, leading to internal bleeding or organ failure. These injuries may not be immediately visible but require urgent medical attention.
Motorcyclists involved in commercial vehicle accidents often face severe, life-altering injuries. The lack of protection makes them especially vulnerable, and even a single collision can result in permanent disability or death.
Steps to Take in a Motorcycle-Commercial Vehicle Accident Case
When a motorcyclist is involved in an accident with a commercial vehicle, taking the right steps is necessary to securing fair compensation. These accidents often result in severe injuries, pain and suffering, and lost income. Because commercial vehicle accidents involve complicated legal and insurance issues, it’s essential to have a skilled motorcycle accident lawyer handle the process from start to finish.
First, an experienced lawyer understands the laws surrounding commercial vehicle accidents and can guide you through the legal process. They will investigate the crash, collect evidence, and determine liability. This includes obtaining the police report, reviewing traffic camera footage, interviewing witnesses, and examining the commercial driver’s history and employer records. A motorcycle accident lawyer will also ensure that critical evidence, such as data from the truck’s black box or dashcam footage, is preserved before it is lost or destroyed.
After gathering evidence, the lawyer will file a claim with the at-fault commercial driver’s insurance company. Commercial insurance policies often have higher coverage limits than regular auto policies, but insurance companies will do everything they can to minimize payouts. A skilled motorcycle accident lawyer knows how to present a strong claim that includes medical records, accident reconstruction reports, and expert testimony to prove the full extent of the damages. They will also calculate both economic damages, such as lost income and loss of earning capacity, and non-economic damages, like pain and suffering.
Once the claim is filed, negotiations with the insurance company begin. Insurance adjusters often try to pressure accident victims into accepting low settlements. A motorcycle accident lawyer handles all negotiations, using their legal knowledge and experience to push for a fair settlement. They will counter lowball offers and present solid evidence to support a higher payout. If the insurance company refuses to offer fair compensation, litigation may be necessary.
If a lawsuit is required, the lawyer will file a personal injury lawsuit on your behalf. They will represent you in court, present evidence, question witnesses, and argue the case before a judge or jury. A strong legal strategy can significantly affect the case outcome, often leading to a higher settlement or court award.
Having a knowledgeable motorcycle accident lawyer ensures that every step of the process is handled professionally. From filing the claim to negotiating or pursuing litigation, legal representation maximizes your chances of securing the compensation you deserve.
How to Prove Negligence in a Motorcycle-Commercial Vehicle Accident Case
Proving negligence in a motorcycle accident case involving a commercial vehicle is essential to securing compensation for injuries and damages. To establish negligence, the injured motorcyclist must prove four key elements: duty of care, breach of duty, causation, and damages. Strong evidence is necessary to support each of these elements and build a convincing case.
The first element, a duty of care, means proving that the commercial vehicle operator had a legal responsibility to drive safely and follow traffic laws. All drivers, especially those operating large commercial vehicles, have a duty to exercise caution and avoid endangering others on the road. Since commercial drivers must adhere to specific regulations, such as limits on driving hours and vehicle maintenance requirements, their duty of care is often higher than that of regular drivers.
The second element, breach of duty, involves showing that the commercial driver failed to uphold their duty of care. This may include reckless driving, speeding, distracted driving, improper lane changes, failure to yield, or driving under the influence. If the driver violated specific trucking regulations, this can serve as strong evidence of negligence.
Causation is the third element and requires proving that the driver’s breach of duty directly caused the accident. It is not enough to show that the driver was negligent; the motorcyclist must also show that the driver’s actions led to the crash and resulting injuries. For example, if a truck driver was texting and failed to see a motorcyclist before changing lanes, causing a collision, this establishes a direct link between the negligence and the accident.
The final element, damages, involves proving that the motorcyclist suffered measurable harm due to the accident. This includes lost earnings, pain and suffering, and long-term disabilities. Without evidence of damages, a negligence claim will not be successful.
The most helpful types of evidence in proving negligence include police reports, witness statements, traffic camera footage, and expert testimony. Medical records and accident reconstruction reports also play a vital role in establishing the severity of injuries and how the crash occurred. In commercial vehicle cases, evidence such as driver logs, black box data, and employer records can further prove negligence.
Types of Recoverable Damages in a Motorcycle-Commercial Vehicle Crash
When a motorcyclist suffers an injury in an accident that a commercial vehicle driver caused, they may be entitled to compensation for the damages or losses they suffered. These damages cover the physical, emotional, and financial toll the accident has taken on the victim’s life. Compensation is meant to help restore the injured motorcyclist to the position they were in before the accident, as much as possible.
One major compensable loss is lost income. If a motorcyclist is unable to work due to their injuries, they can pursue the income they would have earned while recovering. This includes earnings from missed workdays, lost bonuses, and any other financial benefits they were unable to receive due to the accident. For those with severe injuries that prevent them from returning to work, compensation may also include lost earning capacity, which accounts for the long-term effect on their ability to make a living.
Pain and suffering damages compensate the motorcyclist for the physical pain they endured as a direct result of the accident. These damages take into account the severity and duration of the pain, as well as any long-term effects. Unlike economic damages, pain and suffering are more subjective, but they are an important part of the compensation process. A person suffering from chronic pain, nerve damage, or permanent injuries may receive a higher amount to account for the ongoing hardships they face.
Emotional distress damages address the psychological effects of the accident. Many motorcyclists involved in serious collisions experience anxiety, depression, or post-traumatic stress disorder (PTSD). Flashbacks, nightmares, and an ongoing fear of riding again can dramatically affect a person’s daily life. Compensation for emotional distress recognizes these mental and emotional struggles and provides financial relief for therapy, counselling, or other psychological treatment.
Loss of life enjoyment is another type of compensable damage that’s available. If an injury prevents a motorcyclist from engaging in hobbies, sports, or activities they once loved, they may be entitled to damages for their reduced quality of life.
These damages are essential in helping injured motorcyclists recover – not just physically but also emotionally and financially – ensuring that they can move forward after a devastating accident.
Talk with an Experienced Motorcycle Accident Lawyer Today
If you sustained injuries in a recent motorcycle collision that involved a commercial vehicle, you need experienced legal counsel advocating for you right away. Your Edmonton personal injury lawyer can investigate the circumstances, file a claim or lawsuit in your case, and pursue the maximum compensation available to you.
