Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs) | Page 4 | GTAMotorcycle.com

Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

wow glad you are OK OP....cheers
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Please don't :p

i agree. i haven't even recovered yet from seeing just the gas tank. :p
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Some general legal information, which I am sure you will receive from your lawyer.
You have two years to commence a claim in tort against the driver. However, first, you must claim no fault accident benefits. Because it is a motorcycle-car collision, the insurance company of the car will pay you those benefits. There are different type of benefits available from medical to income loss if you have missed time off work. In this case, it is the same insurance company but you should know that the insurance company sets up a "chinese wall" between the different departments (the accident benefits and the tort side) as well as between the two claims representatives.
If you wish to commence any sort of proceeding, be it for accident benefits, or eventually a law suit against the driver (or the insurance company, if they refuse to pay you the appropriate accident benefits) be prepared to have your entire medical and social history summarized in reams of documents.
It is important to have that in mind when you post anything on the internet, engage in social activities, etc. Don't post how you feel, what you have injured, etc. in fact, you should probably delete any particular details to the accident. The reason is that the human body is very complex and what you feel you have injured now, may not be the full extent of your injuries. You wanna err on the side of caution. You will be asked countless of times how you feel, what is wrong, how did the accident happen, etc. when you get sent to various doctors, therapists, to get benefits. The last thing you want is to have yet one more version of events on which you can be contradicted.

Making sure that you are available to testify in the HTA proceedings is not critical but it is preferable as it is less likely that lesser chargers plea will be offered. A HTA conviction shortens the liability discussion in a tort lawsuit. Securing witnesses, etc. also does that, and it is in your interest to write to the police and get the officer's notes. The contact details of the witnesses may be blacked out, but you can make a further motion to the court to get those.

It is very important to shop well for a lawyer. You want a highly reputable firm that handles personal injury with experience in handling and building these types of cases. Don't settle on the first lawyer you see. Interview them and ask for successful clients with similar injuries to your own so you can talk to them. There are two components -- the accident benefits file -- and the tort side of things. If you post the names of the firms you are thinking about, I can give you some feedback.

good luck.
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

It is very important to shop well for a lawyer. You want a highly reputable firm that handles personal injury with experience in handling and building these types of cases. Don't settle on the first lawyer you see. Interview them and ask for successful clients with similar injuries to your own so you can talk to them. There are two components -- the accident benefits file -- and the tort side of things. If you post the names of the firms you are thinking about, I can give you some feedback.


If you have any other questions, you can PM me as well. I'm a law clerk in personal injury.
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Some general legal information, which I am sure you will receive from your lawyer.
You have two years to commence a claim in tort against the driver. However, first, you must claim no fault accident benefits. Because it is a motorcycle-car collision, the insurance company of the car will pay you those benefits. There are different type of benefits available from medical to income loss if you have missed time off work. In this case, it is the same insurance company but you should know that the insurance company sets up a "chinese wall" between the different departments (the accident benefits and the tort side) as well as between the two claims representatives.
If you wish to commence any sort of proceeding, be it for accident benefits, or eventually a law suit against the driver (or the insurance company, if they refuse to pay you the appropriate accident benefits) be prepared to have your entire medical and social history summarized in reams of documents.
It is important to have that in mind when you post anything on the internet, engage in social activities, etc. Don't post how you feel, what you have injured, etc. in fact, you should probably delete any particular details to the accident. The reason is that the human body is very complex and what you feel you have injured now, may not be the full extent of your injuries. You wanna err on the side of caution. You will be asked countless of times how you feel, what is wrong, how did the accident happen, etc. when you get sent to various doctors, therapists, to get benefits. The last thing you want is to have yet one more version of events on which you can be contradicted.

Making sure that you are available to testify in the HTA proceedings is not critical but it is preferable as it is less likely that lesser chargers plea will be offered. A HTA conviction shortens the liability discussion in a tort lawsuit. Securing witnesses, etc. also does that, and it is in your interest to write to the police and get the officer's notes. The contact details of the witnesses may be blacked out, but you can make a further motion to the court to get those.

It is very important to shop well for a lawyer. You want a highly reputable firm that handles personal injury with experience in handling and building these types of cases. Don't settle on the first lawyer you see. Interview them and ask for successful clients with similar injuries to your own so you can talk to them. There are two components -- the accident benefits file -- and the tort side of things. If you post the names of the firms you are thinking about, I can give you some feedback.

good luck.

There you have it -- $500 worth of free advice :)

Can they really trace posts in an anonymous forum back to the person?
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

There you have it -- $500 worth of free advice :)

Can they really trace posts in an anonymous forum back to the person?

He's got pictures of the bike posted, details of the accident and I'm sure the site is well known in the industry. Frankly, it wouldn't be that hard to put 2 +2 together and trace it back to the OP. Hell...google "Bike accident Steeles and mississauga road" and the first thing that pops up is this thread.

It's actually really good advice.

He should really buy Lawyer179 a beer. And the plus is, he can hold it against his nuts to get the swelling down! :snorting:
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

There you have it -- $500 worth of free advice :)

Can they really trace posts in an anonymous forum back to the person?

Since when is this forum anonymous, unless you are specifically attempting to conceal yourself, its very easy to find a particular user.

If there is enough need, subpoena's can be issued for information,

I've had database records from a site I used to manage be requested as evidence
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Since when is this forum anonymous, unless you are specifically attempting to conceal yourself, its very easy to find a particular user.

If there is enough need, subpoena's can be issued for information,

I've had database records from a site I used to manage be requested as evidence

advice taken.
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Aren't X-rays bad for your testicles? I specifically remember being giving a little lead blanket the last time I got my foot X-rayed.
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

He's got pictures of the bike posted, details of the accident and I'm sure the site is well known in the industry. Frankly, it wouldn't be that hard to put 2 +2 together and trace it back to the OP. Hell...google "Bike accident Steeles and mississauga road" and the first thing that pops up is this thread.

It's actually really good advice.

He should really buy Lawyer179 a beer. And the plus is, he can hold it against his nuts to get the swelling down! :snorting:

Nothing is stopping me from receiving pictures from the OP and posting up a story as if I were him. His name isn't published in the forum. I'm not disagreeing with the advice to pull the details off the web, but I just don't know how they can absolutely tie the two together without looking at IP address logins or something (which I'm sure they can do).
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

Nothing is stopping me from receiving pictures from the OP and posting up a story as if I were him. His name isn't published in the forum. I'm not disagreeing with the advice to pull the details off the web, but I just don't know how they can absolutely tie the two together without looking at IP address logins or something (which I'm sure they can do).

This is exactly what they do; it is not uncommon to subpoena both the website (GTAM in this case) for the IP address, and the ISP for whoever had the lease on the IP address at that time.
 
Re: Rider Down - Me: Steeles & Mississauga (cannot start new threads in fallen rdrs)

This is exactly what they do; it is not uncommon to subpoena both the website (GTAM in this case) for the IP address, and the ISP for whoever had the lease on the IP address at that time.

Interesting. Hopefully the pics and story were posted from an Internet Café :p
 

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