Motorcycle riders, like cyclists, are particularly vulnerable in the event of a collision, given the absence of a vehicle ‘body’ to protect them if they strike an object or the road. Although cautious driving practices will certainly reduce the risk of injury, no one can entirely protect themselves against a reckless or negligent driver. A recent motorcycle crash resulted in serious injuries to a Leamington husband and wife, the parents of a seven-year-old girl, who were driving home from a visit with friends. As reported September 27th in the Windsor Star, the husband was in the habit of always driving with caution, never drinking when driving or driving too late at night, and always taking local roads, in the interest of staying safe.
On September 16th, the couple’s motorcycle was forced off the road in Amherstburg Ontario, resulting in serious injuries, particularly to the wife who was a passenger. The driver of the car that caused the crash did not wait at the scene, leaving two people behind with unknown injuries.
On September 26th, police arrested a 23-year-old Windsor man who is believed to be the ‘at fault’ driver and charged him with three criminal offences: two counts of dangerous operation of a motor vehicle causing bodily harm as well as failing to stop at the scene involving bodily harm. The fact that the suspected car involved in the collision, a grey 2004 Saab 93, is not a common vehicle, made it somewhat easier for police to locate the driver.
The 26-year-old driver of the motorcycle, Phil Guenther, suffered a broken vertebra, a broken arm and several serious lacerations. 27-year-old Tiana Guenther, who was a passenger on the motorcycle, continues to be in critical condition, having suffered a severe head injury as well as upper-body injuries.
Just prior to the accident, Mr. Guenther remembers seeing headlights coming towards him before the oncoming car collided with his motorcycle and threw him to the shoulder. Tiana Guenther was thrown to the road and in critical condition, when the driver took off from the scene.
As with any serious injuries, it will take a significant amount of time and rehabilitation before the couple is able to return to a semblance of normal life. Although they are entitled to seek damages from the ‘at fault’ driver for the losses they suffered as a result of their injuries, one can really never truly be compensated fully for the emotional trauma, pain and suffering, and the physical challenges that result from serious injury. However, the objective of financial compensation from a civil suit for damages is to at least provide injured persons with access to needed medical and rehabilitation treatments, lost income and compensation for any other losses, so that they can return to a level of wellness, in terms of their health and finances, that’s as close as possible to their circumstances prior to the accident.
If you were injured in a motor vehicle accident caused by a negligent driver, including as a motorcycle rider, cyclist or pedestrian, you may file a civil suit for damages to recover any losses that resulted from your accident. When you are considering a claim for damages, it’s always a good idea to consult with an experienced personal injury lawyer who can explain your legal rights given your unique situation as well as provide honest answers to the many questions you have at this challenging time. Call a respected Windsor car accident lawyer for a no-obligation consultation on your case and to find out how we can help.
Source: http://windsorstar.com/news/local-news/motorist-charged-in-hit-and-run-crash-with-motorcycle
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