Edmonton Motorcycle Accident Lawyer

A motorcycle accident lawyer is a personal injury lawyer with significant experience representing injured riders. That experience matters more in motorcycle claims than in most others, because the fault fight starts earlier and runs harder. Look for a lawyer who knows:

• relevant Alberta laws and regulations, and the case law that affects what you can recover
• what to do when the other driver claims you were not visible or were speeding
• when to bring in experts to analyse police reports, eyewitness accounts and scene evidence
• the insurance companies handling your claim and how they approach motorcycle files
• how to claim every category of damages you are entitled to, rather than the ones the insurer volunteers

Learn how I use personal injury experts to build strong injury cases for my clients.

Most often the driver of the car, and most often at an intersection or during a lane change. The classic case is a vehicle turning left across the path of an oncoming motorcycle. One important difference: the Traffic Safety Act reverse onus that assists pedestrians and cyclists does not apply here. A motorcycle is a motor vehicle, so a motorcyclist must prove the other driver’s negligence. This matters for accidents before January 1, 2027, when fault decides who pays. After that date a motorcyclist claims benefits from their own insurer regardless of fault.

In Alberta, the most common causes of motorcycle accidents include:

• Driver error, on the part of the motorcycle operator or the driver of another vehicle. The most common errors are:
  • running off the road
  • following too closely
  • improper turns
  • improper passing
  • crossing left of the centre line
  • improper lane changes
  • traffic signal, uncontrolled intersection and stop sign violations
• Impairment by drugs or alcohol
• Condition of the motorcycle or other vehicle, such as worn tires or non-functioning signal lights
• Road conditions, such as potholes, loose gravel or mud
• Weather conditions, such as poor visibility or slippery roads in spring and fall

Male motorcycle operators under 25, and 16- and 17-year-old male operators in particular, are most likely to be involved in accidents.

The most common injuries from motorcycle accidents in Alberta are:

• head injuries, including traumatic brain injuries
• broken bones (orthopedic injuries)
• road rash, including soft tissue injuries or minor injuries
• spinal and spinal cord injuries.

Motorcycle operators are also involved in a large number of fatal casualty accidents, which can result in wrongful death claims. In Alberta, 31 people were killed in motorcycle collisions in 2020.

Joseph A. Nagy Injury Law has many years of experience dealing with all types of injuries caused by motorcycle accidents.

For more information, see Alberta traffic collision statistics.

It can reduce a claim without defeating it. Helmets are mandatory for motorcyclists in Alberta, and where an insurer proves that a helmet would have reduced the injuries, damages are reduced under the Contributory Negligence Act by a share reflecting that contribution. The reduction applies to the injuries a helmet would have prevented — generally head injuries — not to the claim as a whole. This applies to a claim against the at-fault driver, for accidents before January 1, 2027, when Alberta’s no-fault insurance takes over — and you lose the right to sue.

Because assumptions about motorcyclists get made early. Insurers frequently raise speed, visibility or risk-taking before any evidence supports it, and motorcyclists commonly face a more aggressive fault position from the outset. Motorcycle injuries also tend to be severe — fractures, road rash, brain and spinal injuries — because there is no vehicle structure between the rider and the road. Early evidence gathering is vital to motorcyclists obtaining fair compensation for their injuries.

Witness evidence is particularly important in motorcycle accident cases. The driver who caused the collision usually claims that “the motorcyclist came out of nowhere.” Such statements imply that the motorcyclist was speeding. The reality may be that the at-fault driver simply did not see or hear the motorcycle.

If you are a motorcyclist, you already know you need to be cautious of other drivers on our highways. Drivers are used to seeing bigger vehicles and don’t notice motorcycles. In Alberta, motorbikes aren’t usually on the roads in winter. As a result, motorcycle collisions often spike when bikes reappear on our roads in May and June.

Over the course of my career, I have developed a careful questioning technique. Under my questioning, the at-fault party often admits under oath that they could not have known the motorcyclist’s speed at the time of the accident. If you’ve been injured in a motorcycle accident, you can call me and ask for a free consultation.

It depends on the date of your accident. Accidents before January 1, 2027 fall under Alberta’s current system, which preserves your right to pursue a claim against the at-fault driver. Time limits still apply — generally two years from the date of the accident — so it is important not to wait. For accidents on or after that date, Alberta’s Care-First system almost entirely removes that right and replaces it with benefits from your own insurer.