If A Family Member Is Killed In A Motorcycle Accident, Who Can File A Personal Injury Claim On Their Behalf?

Of all the motorists using Provincial roadways, none are at a higher risk of suffering life-threatening or fatal injuries than motorcyclists. When a crash involving a motorcycle accident and a heavier vehicle occurs, the motorcyclist is left unprotected because of their level of exposure and the lack of safety devices such as air bags and seat belts. If you’ve recently lost a loved one or family member due to another motorist’s negligence, contact an experienced personal injury lawyer immediately.

There are plenty of factors that lead to motorcycle accidents that includes level of driving skills and weather conditions. Distracted driving and speed is another few factors that contribute to accidents. However, there are some advantages that motorcycles have over others vehicles. This includes faster braking power, agility to turn quickly and unobstructed views while driving. But accidents are a part and parcel of driving on the roads.

The Impact of Motorcycle Accidents

In the world of personal injury law, sustaining minor injuries in a motorcycle accident is a rare occurrence. In most of cases in the GTA and southern Ontario, the motorcyclist usually sustains serious or catastrophic injuries such as one or more of the following:

• amputations
• fractures
• orthopedic injuries
• spinal cord injuries
• traumatic brain injuries

A personal injury lawyer understands that the victim will be facing many challenges if they survive their injuries. However, if their injuries are fatal, the surviving family members could be facing financial devastation.

Who can file a Claim and Lawsuit?

In Ontario Province, a fatal motorcycle accident is subject to the statute of the Family Law Act. The statute clearly states that if their family member is killed as a result of another driver’s negligence, the following survivors have the right to file a personal injury claim and pursue the matter in court:

• surviving spouse
• parents of the deceased
• children of the deceased
• brothers or sisters of the deceased
• grandchildren or grandparents of the deceased

Even if the motorcyclist is partially responsible for the motorcycle accident, the family members listed above can hire the services of a personal injury lawyer in Oakville to advance a claim against the other driver involved in the collision. While it is understood that the surviving family members need time to grieve, it is extremely important to speak with an experienced lawyer that specializes in these types of cases. If you recently lost a loved one in a motorcycle accident, don’t risk financial devastation. Contact a personal injury lawyer and get the compensation you’re entitled to. It is important to discuss all of the details of the accident so that the lawyer can draft the case accordingly.

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