Motorcycle accidents are dramatic – there is no doubt about it. They become even more serious when there are more people involved. For instance, if you are a passenger on a motorcycle and you get involved in the accident, suffering injuries as a result, you might be able to claim recovery for the damages from the operator of the motorcycle, the operator of the other vehicle (provided there is another vehicle involved) or you can claim compensation from both based on the circumstances. Luckily for you, relatively speaking of course, these types of damages are usually easier to pursue in comparison to other damages. However, you do need the support of an injury lawyer to represent your rights.
Filing against the operator of the motorcycle
This is possible in case there is no one else involved in the accident but you and the operator. The premise is the same as in any other personal injury case – you need to determine that the biker acted negligently. For instance, he might have driven at a speed which was far over the allowed or not appropriate to the particular road or weather conditions. Furthermore, he might not have accounted for the road signage or he might have been driving under the influence – in all of these situations you are entitled to claim your damages.
The truth is that there are two particular reasons for motorcycle accidents which do not involve other vehicles – negligence or defect. So, basically, it’s always going to be one out of the two.
The burden of proof
In a case of the kind, the burden of proof falls towards the one who’s claiming the damages – that would be the passenger. The solution is only logical. He needs to prove that the driver acted negligently and that this negligence caused the accident. Furthermore, he can only claim damages which derived from this particular accident – this is the proximity link.
If the injured passenger was involved in an accident, as a result of the negligent behavior of a third-party other than the operator of the motorcycle – he can claim damages from the at-fault party. This is particularly considerate as it takes the strict responsibility off the shoulders of the operator of the motorcycle. It’s quite fair and the victim is compensated for the mental and physical injuries endured.
The truth is that, even though these cases are fairly simpler than other personal injury ones, you would still have to take quite a lot of things into consideration. They require knowledge of the law and that’s why it is absolutely advisable that you engage the services of a professional lawyer in Ontario. This way you can guarantee that your rights are being properly sought after and that you get the required legal representation in court to handle the matter.