Making a Motorcycle Passenger Accident Claim

Alberta Motorcycle Accident Lawyer 

Video Transcript:

Steve Grover: 

It also incentivizes me to work harder for these cases, because I know I could be the next victim out there, and I want these people to get their life back together and put them in the same position as they were before the crash.

Molly Hendrickson: 

If you're injured as a passenger on a motorcycle, what should you do? We're speaking with lawyer, Steve Grover about that on today's Ask The Lawyer. Steve, thanks for joining us.

Steve Grover: 

All right. Thanks, Molly. Thanks for having me again. Nice to see you.

Molly Hendrickson: 

Nice to see you too. So first off, if someone is a passenger riding on the back of a motorcycle, are they covered under any insurance if they're injured?

Steve Grover: 

Yeah. I mean, if you are a passenger on a motorcycle and unfortunately if the motorcycle's hit by another party or if the motorcyclist is operating the motorcycle, causes an accident, you are covered through that motorcyclist's insurance company for medical benefits and disability benefits. Those are called Section B benefits here in Alberta. And those will be covered up to $50,000 for medical care and $600 a week for 104 weeks for disability. And say you're not working, you're entitled to a $200 a week housekeeper allowance for 104 weeks, also. So fortunately, you are covered under the motorcyclist's insurance company for medical and disability and housekeeping care benefits.

Molly Hendrickson: 

So how does a passenger injured on the back of somebody's bike go about making a claim on the driver's insurance policy and is a lawsuit always necessary?

Steve Grover: 

Well, first of all, if you're in the unfortunate circumstances of being a passenger and a motorcyclist and you're injured in an accident, my advice is first of all, contact a lawyer like our firm, Grover Law Firm in Calgary. We have the experience, resources and dedication to take on these files. We exclusively do a large majority of motorcycle accidents. And you just have to go through the motorcycle's insurance company. You have to contact them. There's certain forms you need to complete. You have to notify them within 30 days of the accident that you are making a called Section B claim here in Alberta. And there'll be certain forms that you have to have completed by yourself, by your employer and by your family doctor confirming you're off work so you can qualify for those benefits.

Molly Hendrickson: 

So typically when somebody is riding on the back of somebody's bike, they usually know the person, it's a spouse, a relative, or a friend. So what if they don't want to file a lawsuit against that person, what should they do?

Steve Grover: 

Well, I mean, fortunately we live in a free country like Canada, like America. If you don't wanna make a claim against the negligence of the driver of the motorcycle for causing the accident and causing your injuries, that's your right to do so. But unfortunately, if you're injured in a motorcycle accident, you're gonna have some catastrophic injuries. More likely than not, you will have a broken bone, maybe a brain injury. Hopefully the injuries aren't life lasting, but I would recommend reaching out to a law firm like ourselves. Contacting us, the initial consultation's for free. We don't charge anything up front, even for the initial meeting. So if you don't like what you hear from our office, you're free to go. But I'd highly recommend contacting a law firm like ourselves, just to know what your legal rights are in the province of Alberta and throughout Canada, also.

Molly Hendrickson: 

And Steve, you touched briefly on the types of injuries that people can receive in these types of accidents. What have you seen? What types of injuries have you seen people receive?

Steve Grover: 

Well, I'm a rider myself. I've been riding for majority of my life. And unfortunately, these accidents come in my office and they're not easy accidents to go through and easy injuries. Unfortunately, we've seen people with multiple fractures. We've seen people with severe brain injuries, comatose injuries. We recently settled a file in January of this year of 2022, where a gentleman lost his left leg. So it's always... It's not the best situation where you're meeting someone, 'cause obviously if you're on a motorcycle and you get hit by a car or a truck, you're gonna take the brunt of the impact. There's nothing to protect you other than your helmet and your riding gear. And unfortunately, these are gonna be catastrophic life lasting injuries. And whenever I ride, I mean, honestly I always pray to God that I come back safe. 'Cause I've seen this stuff in my office and I don't want to end up like one of my clients. But it also incentivizes me to work harder for these cases because I know I could be the next victim out there and I want these people to get their life back together and put them in the same position as they were before the crash.

Molly Hendrickson: 

And what about if the passenger wasn't wearing a helmet and they sustained a head injury, would they be considered at fault for that?

Steve Grover: 

Well, at fault is... Usually, we refer to at fault as who's at fault for the accident. Did the other party run a red light and hit the motorcycle? In Canada, we do have the law across the nation that you have to wear a motorcycle helmet when you're riding a motorcycle. And I highly recommend everybody do it. I don't understand why people don't wear helmets, especially in the US, like in Florida, you don't have to wear a helmet. But you know, your head is the most important part of your body. Your brain is the most important part of you to function like a normal person. And so if you're not wearing a helmet for some reason in an accident in Canada, I think that would go to more contributory negligence. But we'd have to see the scenario, why that person wasn't wearing a helmet. Maybe a helmet was not available to the passenger from the owner of the motorcycle. So there's a number of factors, but that would go to more of contributory negligence of causing the injuries. And say your case is worth $100,000 and they say, "Okay, you're 50% at fault, contributory negligence for not wearing a helmet," then your damages get reduced by 50%.

Molly Hendrickson: 

Steve, always nice to talk to you. Thanks for joining us today.

Steve Grover: 

Thank you, Molly, and have a great day.

Molly Hendrickson: 

You, too. That's gonna do it for this episode of Ask The Lawyer. My guest has been Steve Grover. If you wanna ask him about your situation, you can call the number on the screen. Thanks for watching. I'm Molly Hendrickson for Ask The Lawyers.

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