Motorcycle accident compensation claims aren’t like other vehicle accident claims.
The injuries are more serious. Liability questions are more complicated. And riders often end up with far less compensation than they’re entitled to without proper support.
Need to know what goes into filing one? Here’s how motorcycle accident claims work — and what to know before starting one.
What you’ll discover:
- Why Motorcycle Accident Claims Are Different
- Common Causes of Motorcycle Accidents in Alberta
- Who Is Legally Liable After a Crash?
- What Makes Up A Motorcycle Accident Compensation Claim?
- Steps to Take After A Motorcycle Accident
Why Motorcycle Accident Claims Are Different
Motorcycle accident compensation claims are treated differently than regular car accident claims for a reason.
Motorcyclists are vulnerable. They lack the protection of a steel frame and an airbag. There’s no seat belt to keep them inside the vehicle in a collision. When something goes wrong, it’s worse… much worse.
Problem: Insurance companies know this. And they love using it to further victimize injured riders.
Insurance adjusters will argue that the motorcyclist was riding erratically or was partially at-fault in some way — regardless of what really happened.
That’s why having a motorcycle accidents lawyer in Alberta on your side from the start of a motorcycle accident claim is so important. Help like that evens the playing field right from the start.
There’s a lot on the line. Motorcycle crashes are on the rise — Edmonton crashes hit a 10-year high just last year. The trend across Alberta is similar.
Common Causes of Motorcycle Accidents in Alberta
Knowing how motorcycle crashes happen is more than just an educational exercise. It can determine who’s liable — and how strong a claim can be.
Here are the most common causes of motorcycle accidents:
- Negligent drivers. Left-hand turns pose one of the biggest threats to motorcyclists. Drivers misjudge speeds and turn right into their path.
- Road hazards. Potholes. Loose gravel. Uneven pavement. Broken asphalt. Rocks. Branches. Anything that can poke, jolt, or throw a motorcyclist off course.
- Distracted driving. When driving at 80 km/h and looking at a phone for 2 seconds, a driver travels the length of a football field while looking away from the road.
- Speeding. Speed contributed to 24.8% of fatal collisions in Canada in 2023 — more than any other cause.
- Impaired driving. Drunk drivers. Stoned drivers. Drivers distracted by things on their phones. When riders share the road with impaired drivers, they are at an immediate disadvantage.
- Poor weather. Rain, slick roads, reduced visibility — weather issues like these create dangers that are compounded by driver negligence.
In Calgary alone, there were 5 fatal collisions and 104 injury collisions with motorcyclists in 2023. That’s 109 collisions that could have been prevented.
Who’s Legally Liable After a Crash?
This is the part where most people get tripped up.
Liability isn’t always cut-and-dry when it comes to motorcycle accidents. Two, three… sometimes even four parties can be found legally responsible for a crash. And each liable party affects the value of a compensation claim.
Who can be held liable?
- Other drivers. Most of the time. If they ran a light, failed to yield, were distracted, or otherwise caused a collision, they are on the hook.
- The municipality. If the crash was caused by a missing stop sign or a large pothole in the road, the government body who maintains that stretch of road is responsible.
- The manufacturer. Faulty tires, defective brakes, or mechanical failures could shift liability to whoever manufactured them.
- Employer liability. If the negligent driver was on the clock and working when the crash occurred, their employer can be deemed liable too.
Alberta operates on a system of contributory negligence. This means if a rider is found to be even 1% at fault for a crash, compensation will be reduced by that amount.
And that’s why proving liability early on is so important.
What Makes Up A Motorcycle Accident Compensation Claim?
Think a motorcycle accident compensation claim is just the hospital bill.
Think again.
It also includes lost wages. Pain and suffering. Property damage. Everything the crash cost — financially and physically.
A claim should include:
- Medical expenses. Everything from a visit to the ER, to surgery, physical therapy, medications, and future treatments.
- Income lost during recovery. And if permanently injured, loss of future earning capacity.
- Pain and suffering. Both physically and mentally. Major crashes often lead to anxiety and PTSD.
- Damage to the motorcycle (and gear). Property damage claims include repair bills or full replacements.
…and more.
How much a claim is worth depends on many factors. From the severity of injuries to the ability to prove who’s at fault. Having comprehensive, organized documentation helps massively.
Neglect any of the above and compensation will likely be reduced.
Steps To Take After A Motorcycle Accident
The first 24–72 hours after an accident are crucial.
Here’s what to do after a motorcycle crash:
- Call 911 and get police and medical assistance on scene. A police report is essential.
- Go to the hospital. Even when feeling okay. Some injuries are latent.
- Take photos. Of the scene. Weather conditions. Skid marks. Final resting positions. Injuries.
- Get the contact information of any witnesses.
- Don’t speak to the other driver’s insurance company. They’re looking out for their client. Not the injured rider.
- Call a lawyer. Before signing anything.
Fired up to get everything sorted quickly and collect compensation? Don’t do it. Don’t accept the first settlement offer just to get it over with.
Insurance companies love to low-ball accident victims — because they know it’ll be taken.
The trick is that they know their initial offers are far below what the case is actually worth.
The Bottom Line
Motorcycle accident compensation claims are different. More serious. More painful.
But they’re also fights that can be won — if the right preparation is in place.
There’s road hazards. Negligent drivers. Complicated liability questions.
Throw all that into a recipe for claims that require detailed documentation, intimate knowledge of liability laws, and an understanding of what riders should be entitled to compensation for — and that’s a motorcycle accident claim.
Know what caused the crash. Know who’s liable for it. Know what should be claimed. And most importantly — don’t wait to speak with a lawyer.
In Alberta, there is one year from the date of the accident to file a motorcycle accident claim. Beyond that and the right to compensation is lost.
Take that first step. Reach out to a lawyer today.
