Toronto Motorcycle Accident Lawyers

Motorcycling is an exhilarating pastime for many, but the dangers of riding should not be underestimated. Considering there was more than a 50 per cent increase in motorcycle deaths on OPP-patrolled roads from 2023 to 2024, understanding safety, regulations, and your legal options when it comes to motorcycle accidents has never been more important. This is especially true as motorcycle accidents pose uniquely dangerous risks to riders compared to car accidents. The lack of protection, airbags, and other safety features that are available in larger motor vehicles make the chances of a catastrophic or fatal accident on a motorcycle much more likely.

At Fox Vanounou LLP, our Toronto motorcycle accident lawyers are dedicated to helping injured motorcyclists across North York, Toronto, and the GTA. Whether you are dealing with high medical bills or are struggling with insurance negotiations, our legal team can provide tailored legal support. To get started with your motorcycle accident claim today, schedule your free consultation through our online contact form.

Common Causes and Injuries of Motorcycle Accidents

Motorcycles can be particularly dangerous when it comes to riders involved in accidents. Normally, operators have much less protection than drivers of a standard car or truck, meaning one wrong move can have life-changing consequences. 

In Toronto and across Ontario, motorcycle accidents commonly occur due to:

• Motorcycle Visibility Issues: Motorcycles are small and may be invisible in car or truck blind spots on the road. Many accidents occur because motor vehicle drivers are unable to see motorcyclists until it’s too late.
• Road Hazards and Weather Conditions: With only two wheels instead of four, motorcycles are highly susceptible to slippery roads, potholes, uneven lanes, debris, and more.
• Speeding & Driver Negligence: A high number of motorcycle accidents occur due to left-turn collisions, where motor vehicle drivers are distracted or negligent in watching for motorcyclists before proceeding.
• Alcohol-Related Crashes: Alcohol, cannabis or other drug consumption was reported in nearly 1 in 3 (31%) motorcycle fatalities between 2016 and 2020. This is true for both multi-vehicle and single-vehicle accidents.
• Mechanical Failures & Poor Maintenance: Motorcyclists may experience tire issues, brake problems, or lighting defects that affect their ability to ride safely. This may be due to user negligence or manufacturing failures.

As mentioned, when such accidents occur, there is a high likelihood of sustaining severe injuries due to the lack of protective structures available. Across the motorcycle accident cases that Fox Vanounou LLP has handled, common injuries often include:

• Traumatic Brain Injuries (TBIs) (even when wearing a helmet)
• Spinal cord injuries
• Broken bones and fractures
• Road rash and severe burns
• Internal organ damage
• Psychological harm, including anxiety, depression, and post-traumatic stress disorder
• Permanent disabilities 
• And more

When you are injured in a motorcycle accident, the effects can be devastating. Survivors are often left dealing with a loss of income, financial strain due to high medical bills, and emotional trauma. This goes for both victims and their families.

Who is at Fault for a Motorcycle Accident?

Motorcycle accidents are unique when it comes to determining liability. This is because specific laws and regulations apply to motorcycle use in the province. For example, under Ontario Regulation 610, all motorcycle riders are required to wear a helmet while operating their vehicle. While failure to wear a helmet does not outright eliminate a motorcyclist’s right to compensation, it may significantly reduce the value of their claim.

Many motorcycle accident claims will also involve Ontario’s contributory negligence laws. Contributory negligence refers to scenarios where the accident plaintiff is found to have contributed to the injuries or damages they sustained (e.g., not wearing a helmet). However, the law also states that claimants can still pursue compensation even when they are found partially at fault for their accident. This is why fault and liability in motorcycle accidents must be determined on a case-by-case basis according to the specifics of your situation. 

Although motorcyclists may be deemed partially responsible in certain cases, common parties held liable for motorcycle accident injuries include:

• Negligent Drivers: When their driving is distracted, impaired, or reckless
• Government Entities: When accidents are caused by poorly maintained roads or construction hazards
• Motorcycle Manufacturers: When defective parts lead to crashes
• And Others

It can be challenging to negotiate with insurance companies when it comes to liability, as sometimes we see instances of adjusters shifting a higher proportion of blame onto accident victims. In these cases, it is recommended that you speak with an experienced Toronto motorcycle accident lawyer. They will be able to negotiate with insurance companies on your behalf and defend against unfair liability determinations by providing detailed, compelling evidence.

How to File a Motorcycle Accident Claim in Ontario

When you decide to pursue a motorcycle accident claim in Ontario, there are two main avenues by which you can be compensated. Following a collision, you may be entitled to pursue:

1. Statutory Accident Benefits (SABs): These are mandatory, no-fault benefits available to all drivers through their insurance policy. Regulated under the Ontario Insurance Act, you may be eligible to receive medical coverage, income replacement benefits, caregiver benefits, and more.
2. Tort Claims Against an At-Fault Driver: When the other party involved in your accident is at fault, you may also be entitled to pursue a tort claim against them. You may collect additional compensation on top of SABs, such as restitution for pain and suffering, loss of wages, additional medical costs, and more.

To pursue compensation through either of these avenues, there are key legal steps you can take after an accident to strengthen your claim. These include:

• Seeking Medical Attention: Because motorcycle accidents are often more dangerous, you should see a doctor as soon as possible following your incident. Not only is this important for maintaining your health, but having medical records of injuries you sustained can be useful when you file a claim.
• Reporting Your Accident to the Police: This is required under the Ontario Highway Traffic Safety Act if damage to any vehicles or property exceeds $2,000 or injuries occur. You may also choose to file a police report when your accident does not meet this threshold. 
• Gathering Evidence: If you intend to file a claim at any point in the future, having detailed evidence can make all the difference. If you are physically able, collect witness statements, photos of the accident, photos of damage, and medical records from your doctors.
• Filing an Insurance Claim: You will need to file an insurance claim within the timeframe specified by your policy in order to receive SABs. In the event that fault is disputed, you may need to negotiate with adjusters.
• Taking Legal Action: If you intend to pursue a lawsuit, you will need to prepare and file your tort claim against the at-fault party as soon as possible. If you are unable to reach a settlement out of court, you may need to proceed to a trial. In these cases, an experienced legal professional will be able to guide you through the process.

It is important to note that there is a 2-year statute of limitations applied to all personal injury claims in Ontario. If you intend to file one, you must ensure that you do so before this period elapses. In addition, there is a 10-day notice requirement for any claims you intend to file against municipalities (due to road hazards, for example). 

How Can Our Toronto Motorcycle Accident Lawyers Help?

At Fox Vanounou LLP, our North York motorcycle accident lawyers are passionate about helping clients pursue meaningful compensation. We understand the unique physical, emotional, and financial challenges that injured motorcyclists can face. That’s why we aim to guide you through every step of the legal process with care.

When you work with our Toronto motorcycle accident lawyers, we’ll help you:

• Evaluate Your Case: Because contributory negligence can be questioned in many motorcycle accident claims, we’ll make sure to assess your case thoroughly. We can help you determine liability and advise you on the strength of your claim so you can decide how you want to move forward.
• Handle Insurance Negotiations: It can be intimidating speaking with adjusters, especially if they try to decrease the settlement amount you believe you are entitled to. Our lawyers will handle all negotiations on your behalf, using our legal background to advocate for fair compensation.
• Gather Critical Evidence: Many motorcycle accident claims hinge on the quantity and quality of evidence you are able to present. We can coordinate accident reconstruction specialists, medical experts, and police reports to illustrate the fullest picture of your accident possible. 
• No Upfront Fees: At Fox Vanounou LLP, you don’t pay unless we win. With a free consultation to get you started, you can feel financially secure when you work with our team.

Get Legal Help After a Motorcycle Accident – Contact our Toronto Motorcycle Accident Lawyers Today

At Fox Vanounou LLP, our Toronto motorcycle accident lawyers have years of experience advocating for injured clients. Whether you need help navigating your SABs application or you intend to pursue a tort claim, we have the legal knowledge you need to move forward with confidence. To avoid time-sensitive deadlines or delays, schedule a free consultation with our legal team today.