Choosing a motorcycle accident lawyer in New Brunswick comes down to a few questions: does the lawyer know Section B, will they litigate rather than settle early, and have they run rider claims before. A motorcycle crash produces heavier injuries than a car crash, and the insurer’s first assumption is that the rider caused it. You need a lawyer who will answer that assumption with evidence.
This post explains what the claim involves, so you know what to ask. Each section ends with the question that section suggests.
Retain someone early, and ask at the first meeting what they will do in the first two weeks. Evidence is preserved, witnesses are interviewed while their memory is fresh, and the adjuster deals with your lawyer instead of contacting you while you are in hospital.
Choosing a Motorcycle Accident Lawyer Starts with Section B Knowledge
The first thing to ask a lawyer is how they handle Section B, the no-fault benefits in every standard New Brunswick auto policy, called Mandatory Personal Injury Protection. Section B pays regardless of who caused the crash: medical treatment, and part of your lost income, in the early months.
The Loss of Income benefit is 80% of your gross weekly income up to $250 per week. That is not enough to live on for most riders. It is a floor while the larger claim is prepared.
Section B also pays reasonable and necessary medical expenses such as physiotherapy, chiropractic care, and occupational therapy. Payment depends on meeting the notice and proof-of-loss requirements. Mike Murphy Law Group files those forms for clients.
Section B has limits on duration and amount. When it runs out, or the insurer decides you no longer meet the disability test, the payments stop. A lawyer who knows Section B challenges the cut-off and pursues the rest through the tort claim. Ask any lawyer you are considering how they handle a Section B denial, and how many they have reversed.
The Tort Claim Depends on Proving the Other Driver’s Negligence
The second question is how the lawyer proves fault, because the tort claim depends on proving the other driver was negligent. Most motorcycle collisions in this province are caused by other motorists: a left turn across your path, a lane change without a shoulder check.
Ask what the investigation will include. Your lawyer should investigate the police report, the vehicle damage, skid marks, and road conditions. In a disputed case that means retaining a reconstruction professional to model the collision.
Distracted driving is a leading cause. A driver looking at a phone does not register a motorcycle. When that driver says they never saw you, that statement is evidence of what they were not doing.
Road condition can contribute: potholes, loose gravel, unmarked hazards. Where a government body is responsible, the Proceedings Against the Crown Act sets notice requirements, and your lawyer has to meet them early.
A Tort Claim Pays General, Special, Future Income, and Care Damages
A tort claim pays general damages, special damages, loss of future income capacity, and cost of future care. Ask which of these the lawyer has claimed before, and how they calculated each one.
General damages compensate pain and suffering and loss of enjoyment of life. Your lawyer proves them with medical evidence and your own account of what you can no longer do.
Special damages are the financial losses with a receipt: medical costs Section B did not cover, repair or replacement of the motorcycle, travel to appointments. Keep everything.
Loss of future earning capacity is usually the largest item in a serious claim. If you cannot go back to your trade, the claim covers the income you would have earned over your working life. Vocational evidence supports it.
Cost of future care covers home modification, equipment, and nursing care. For a permanent disability it can reach millions of dollars, and the settlement has to last as long as you do.
Riders’ Injuries Are Usually Brain, Spine, Fracture, and Road Rash
Rider injuries are brain injuries, spinal cord injuries, fractures, and road rash, often together. Ask whether the lawyer has handled each of them.
Traumatic brain injury occurs even in a good helmet. The brain moves inside the skull on impact. The effects on memory, personality, and coordination can be permanent, and a lawyer handling the claim should be working with neurologists and cognitive therapists.
Spinal cord injury can mean partial or total paralysis. Mike Murphy Law Group has handled these claims and knows what a lifetime of care costs.
Fractures of the legs, pelvis, and arms come from being thrown from the bike, and a rider who lands on the road at speed usually has more than one. They mean multiple surgeries and permanent hardware, and the long-term risk of chronic pain and arthritis belongs in the claim.
Severe road rash removes layers of skin and tissue, scars permanently, and carries a high infection risk. Visible scarring has a psychological cost that is compensable.
Comparative Negligence and the Minor Injury Cap Reduce What Insurers Pay
Comparative negligence and the minor injury cap are the two rules insurers use to reduce a rider’s recovery. Under comparative negligence, if you were partly at fault, your damages are reduced by that share. At 25% fault you recover 75%.
Insurers argue speed and lane position to raise your share, and an unrepresented rider usually accepts a percentage the evidence does not support. Your lawyer should answer with evidence from traffic professionals and eyewitnesses.
The province also has a minor injury cap on general damages for injuries that meet a statutory definition of minor, mainly sprains, strains, and whiplash. Most motorcycle injuries are outside it, and your lawyer’s job is to make sure yours is classified on the medical facts.
The current insurance statutes are on the Legislative Assembly of New Brunswick website. The law changes, and the lawyer you choose should be working from the current version.
Mike Murphy Law Group Litigates and Takes Claims on Contingency
Mike Murphy Law Group litigates, charges nothing unless the claim succeeds, and is led by Michael B. Murphy, KC, former Attorney General and Minister of Justice of New Brunswick, with over 40 years of experience.
The firm litigates. Most cases settle, but insurers offer more to a firm with over 100 reported decisions, because they know the alternative is a trial.
Ask about fees before anything is signed. At Mike Murphy Law Group, all personal injury claims are taken on a no win, no fee basis. The firm pays the investigation, the medical experts, and the court fees, and is paid a percentage of the recovery only if the claim succeeds.
Clients across the province are served from the Moncton head office and the firm’s other Atlantic Canada locations. First meetings can be by video, or at the hospital.
The Lawsuit Must Be Filed Within Two Years and Section B Claimed Within 90 Days
The tort claim has a two-year deadline, and Section B has a 30-day and a 90-day deadline. Under the Limitation of Actions Act you have two years to file a lawsuit, counted from the day the injury was known or ought to have been known. After that the claim is barred.
The work starts long before the deadline. Evidence disappears, and the file has to be built while it exists.
A lawyer retained in the first week can meet both. Section B deadlines are shorter: usually 30 days to notify your insurer and 90 days to deliver a proof of claim. Missing them can mean losing the benefit that funds the first months of recovery.
A hit-and-run adds notice requirements to the insurer and the police. Meeting them preserves the claim under the Uninsured Motorist provisions of your own policy.
The Claim Moves Through Discovery, Mediation, and Trial
The claim moves from consultation to discovery to mediation, and to trial if mediation fails. Ask the lawyer how many of their cases proceed to each stage. The process starts with a consultation where the facts are reviewed and the options explained.
Once the claim is filed, discovery begins. Both sides produce medical, employment, and accident records, and you are examined for discovery by the defence lawyer, under oath. Your lawyer attends to keep the questioning fair.
Mediation follows in most New Brunswick injury claims. Ask the lawyer what they bring to mediation, because the medical and vocational evidence assembled by then is what moves the insurer. A neutral mediator works with both sides toward a settlement, and many claims resolve here.
If mediation fails, the case goes to trial before a judge. Your lawyer presents the evidence, calls the witnesses, and argues the law.
Disability, Fatal, and ATV Claims Run Alongside the Rider Claim
A motorcycle crash can also produce a disability claim, a wrongful death claim, or an off-road claim, and the lawyer you choose should be able to run each. If you are off work long term you may need to claim on a disability policy, and the firm’s long-term disability lawyer team handles denials.
The firm also handles New Brunswick fatal injuries. Where a rider has died, the family can bring a wrongful death claim for the financial loss to the survivors.
Off-road crashes have their own rules. The New Brunswick ATV accidents team handles trail and non-highway vehicle claims.
Our team does litigation for injured Atlantic Canadians. Holding negligent drivers responsible is what compensates injured riders.
FAQ
What Should I Do If the Insurance Adjuster Offers Me a Settlement Right Away?
Have a motorcycle accident lawyer review it before you sign. Early offers are low, and a signed release closes the claim even if your injuries turn out worse than you thought.
Can I Still Sue If the Accident Was Partially My Fault?
Yes. Under comparative negligence you recover the share of your damages that matches the other driver’s fault, as long as you were not 100% responsible. Your lawyer works to keep your share as low as the evidence allows.
What If I Am a Passenger Who Was Injured on a Motorcycle?
A passenger has the same rights as the rider and is almost never at fault. You can claim against the rider, the other driver, or both.
Is there a “cap” on how much I can get for my injuries?
New Brunswick caps general damages for minor injuries only. It does not apply to lost wages, medical expenses, or future care, and most motorcycle injuries, such as fractures, nerve damage, and psychological trauma, are outside the definition.
How Long Does It Take to Settle a Motorcycle Accident Case?
Most personal injury claims resolve in 18 months to three years. Settling before you reach Maximum Medical Improvement risks leaving long-term needs unpaid.