After the Crash: Legal options and steps to take after a motorcycle accident.

Navigate post-accident challenges with confidence. Continue reading to learn about your legal options and practical steps to help you secure the medical and financial support you deserve.

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Motorcycle Accidents

Legal Options in Ontario

In Ontario, there are two options available to any motorist who was injured in a collision, including motorcycle riders.

Accident Benefits: any motorcyclist injured in an accident can make a claim for accident benefits under their own insurance policy, regardless of fault, under Ontario’s “no fault” insurance scheme.

Commonly accessed benefits include Income Replacement and Non-Earner Benefits, offering compensation for lost wages or income, and Medical and Rehabilitation/Attendant Care Benefits, covering treatments like physiotherapy, massage therapy, and chiropratic treatment.

Tort Claim (i.e. lawsuit): if a person is injured while operating their motorcycle and those injuries were caused or contributed to by the negligence of another driver (motorcyclist, motorist or otherwise), the motorcyclist may have a viable tort claim.

Lawsuits permit victims of accidents to receive compensation for pain and suffering, as well as for income loss or medical expenses arising from their injuries. To be successful in a lawsuit, a prospective plaintiff must prove that the accident was caused or contributed to by someone else and that the accident caused the injuries and damages which are being claimed.

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Motorcycle Accident Statistics

The rate of motorcycle fatalities was more than seven times higher among males than among females.
The rate of motorcycle fatalities was highest among those aged 40 to 59 years.
Representing 2% of road users, motorcyclists account for over 10% of all road user deaths.
Intersections (31%) and highways (30%) were the leading locations of fatal motorcycle collisions.

Immediate steps to follow if you have
been in a Motorcycle Accident

If you are in a motorcycle accident you should always do the following:

Step 1

Take photographs of the collision scene. If you are too injured to take pictures, consider having a friend or family member attend the scene to take pictures on your behalf.

Step 2

Obtain names and contact information of all witnesses.

Step 3

Report the accident to the police. If you are too injured to report the accident immediately, report your recollection of the collision to the police when you are able, even if a Motor Vehicle Collision Report has already been completed by another driver.

Step 4

Seek medical attention for your injuries and report the details of the accident to your treating medical professional.

Step 5

If you receive a traffic ticket in relation to the accident, consider disputing the charges.

Step 6

Consult a lawyer before communicating with any insurance companies about the accident.

Safety Measures

In addition to wearing a full-face shield motorcycle helmet, riders should always do everything to make their motorcycle as visible as possible to all other users of the road, including but not limited to: wearing reflective or bright clothing, wearing a bright or white helmet (rather than black) and turning your headlight on during the day. These safety measures not only increase your chances of survival in a motorcycle accident, but they may also reduce the chance that you will be found to be partially liable (i.e. responsible) for the crash and resulting injuries.

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