Motorcycles offer freedom and efficiency on Ontario’s roads, but riders face significant risks in traffic. Without the physical protection of a car, even a low-speed collision can result in major injuries. When crashes occur, motorcyclists often endure significant physical trauma and financial loss, especially if extended recovery prevents a return to work.

These legal claims involving motorcycle accidents require attention to detail and a clear understanding of provincial insurance regulations and motorcyclists’ rights. Our Ontario motorcycle accident lawyers at Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) provide the structure and clarity injured riders need to move forward with legal claims. We focus on thorough case preparation, fair resolution of disputes, and timely pursuit of all available compensation options.

Why Do Motorcycle Accidents Often Lead to Serious Injury?

Motorcycles lack the structural protection provided by other vehicles. There are no airbags, steel frames, or crumple zones to reduce the force of a collision. Even with a helmet and protective clothing, riders are more exposed to road surfaces and other vehicles during impact. For this reason, motorcycle crashes frequently lead to injuries such as spinal cord damage, fractures, traumatic brain injuries, and severe abrasions.

Motorcyclists are also more difficult for drivers to see, particularly at intersections or during lane changes; drivers who are distracted or fail to check blind spots may not notice a rider until it is too late. Speed, weather conditions, and road surface quality can all amplify the severity of a crash. These factors must be carefully examined when preparing a legal claim.

How Is Fault Determined in a Motorcycle Accident?

To determine fault, our Ontario motorcycle accident lawyers conduct detailed reviews of how the accident occurred and whether any drivers failed to meet their legal duties. Ontario uses a “fault determination” system governed by the Insurance Act, which sets out specific scenarios that guide insurance companies when assigning fault in various types of collisions.

Police reports, witness statements, dash cam footage, and physical evidence from the scene may all help clarify who caused the collision. In some cases, more than one party shares responsibility. For example, if a driver made an unsafe left turn but the motorcyclist was speeding, fault may be divided between the two. This apportionment affects how damages are calculated and who pays what portion of compensation.

What Makes Motorcycle Insurance Claims More Complicated?

Although motorcycle insurance operates under the same general framework as car insurance, certain aspects can be more difficult to manage. Insurers may question the extent of injuries, argue that the rider contributed to the collision, or challenge the need for long-term treatment. Additionally, bias against motorcyclists can sometimes influence how claims adjusters or third parties perceive the facts.

Motorcyclists must provide detailed evidence of injury, income loss, and treatment needs; claims for non-earner benefits, caregiver expenses, and rehabilitation must be supported with medical records and professional assessments. Disagreements often arise over what qualifies as a “catastrophic impairment,” which impacts the level of benefits available. Our Ontario motorcycle accident lawyers help riders collect proper documentation and respond effectively to disputes.

Can I Still Be Compensated If I Was Not Wearing a Helmet?

California law requires all motorcycle riders and passengers to wear a U.S. DOT-compliant helmet. Failure to do so may influence a claim, but it does not automatically eliminate the right to compensation. Courts may find that not wearing a helmet contributed to the severity of the injury, particularly if the injury involved the head or neck. 

However, for injuries unrelated to helmet use, such as leg fractures or internal injuries, a failure to wear a helmet may have little or no impact on compensation. Each case is evaluated based on the relationship between the rider’s actions and the injuries sustained.  

What If the Driver Who Hit Me Was Uninsured?

California drivers are legally required to carry insurance, but some motorists operate without valid coverage. If an uninsured driver causes a motorcycle accident, the injured rider may still be able to recover compensation through their own insurance provider under the uninsured motorist coverage provisions of the policy.

In these cases, the rider’s insurer essentially steps into the role of the at-fault party’s insurer. However, the process can still involve delays and disputes, especially regarding the value of the claim. The insurer may contest liability or offer compensation that does not reflect the full extent of the losses. Riders dealing with these circumstances often find legal representation helpful in holding insurers accountable.

Why Should I Hire a Lawyer Instead of Handling the Claim Myself?

While it is legally possible to pursue a motorcycle accident claim without a lawyer, the process can be time-consuming and difficult to manage, especially while recovering from injuries. Legal rules, court procedures, and insurance regulations are not always easy to follow without professional training. Errors in paperwork or missed deadlines can result in denied claims or reduced compensation.

Our Ontario motorcycle accident lawyers review evidence, interpret applicable laws, and take over communication with insurance representatives. We also identify opportunities for additional compensation and protect against strategies insurers may use to minimize payouts. With legal representation, injured riders are better positioned to receive fair outcomes based on the facts and applicable legal standards.

When Should I Contact a Lawyer After a Motorcycle Accident?

We recommend consulting with a lawyer as soon as possible following a motorcycle accident. Early legal involvement helps preserve evidence, prevent missteps in dealing with insurers, and clarify what benefits are available. There are also strict time limits that apply to different parts of the claims process. For example, accident benefit claims must be submitted within a limited window (typically set by the insurer), and lawsuits must be filed within two years of the date of the crash.

Even if the rider is still receiving medical care or waiting for a diagnosis, an initial consultation can outline what steps to take in the short term. We can assist with obtaining medical records, assessing liability, and identifying deadlines that may affect the ability to pursue compensation later.

Ontario Motorcycle Accident Lawyers at LMSCR Fight to Protect Your Rights

At LMSCR, our Ontario motorcycle accident lawyers offer clear legal direction based on experience and thoughtful case analysis. For a free consultation, complete our online form or call 909-889-1131. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.