Motorcycle Accident Lawyer

Why Motorcycle Claims Are Different — And Harder

The Biker Bias Problem

Insurance adjusters, police, and sometimes judges subconsciously assume that motorcyclists were speeding or weaving through traffic. This bias is real, documented, and financially costly. We counter it proactively with expert evidence — not reactively after the damage is done.

The Left-Turn Trap: Ontario’s Most Dangerous Scenario

The single most common motorcycle accident scenario: a car travelling in the opposite direction turns left across your path and the driver says “I didn’t see him.” We do not accept that excuse. We prove Inattention Blindness — the driver looked but failed to mentally register a motorcycle because their brain was scanning for cars. We hold them 100% accountable.

Contributory Negligence Arguments We Fight

Insurance companies will try to reduce your payout by claiming you contributed to your injuries. The most common arguments — and how we defeat them:

• “He was speeding”: We analyze skid marks and throw distance to prove your speed was legal.
• “He wasn’t wearing proper gear”: Unless your injury was specifically caused by the lack of gear, this is legally irrelevant.
• “He was lane splitting”: Incidental movement within a lane to avoid a hazard does not excuse a driver hitting you.

Injuries Unique to Motorcycle Riders

Severe Road Rash (Degloving)

At 80 km/h, road rash involves the traumatic removal of skin layers requiring painful skin grafts, extended hospital stays, and permanent scarring. It is a documented permanent impairment — not a minor injury.

Brachial Plexus Injury (Biker’s Arm)

Nerve damage in the shoulder and arm caused by impact can lead to partial or full paralysis. This injury is well-recognized in Ontario case law and commonly qualifies for non-MIG benefits or Catastrophic Impairment designation.

Lower Extremity Fractures

Tibia and fibula breaks, shattered ankles, and knee damage are common in motorcycle accidents and frequently require surgery, hardware, and years of rehabilitation.

How We Protect Your Evidence

The success of a motorcycle claim often depends on the evidence gathered in the first 72 hours. We take immediate action to secure:

• Securing the Black Box: We issue Preservation Letters on Day 1 to prevent the at-fault driver’s insurer from wiping EDR (Event Data Recorder) data.
• Motorcycle Inspection: We prevent your bike from being scrapped until our experts analyze the damage patterns.
• GoPro and Helmet Camera Footage: We move immediately to preserve and prevent overwriting of all digital footage.

Frequently Asked Questions

Can I still claim if I wasn’t wearing full protective gear?

In most cases, yes. Unless your specific injury was directly caused by the absence of a specific piece of gear, your protective gear choices are largely irrelevant to your legal claim.

What if I was found partially at fault?

Ontario uses contributory negligence — your recovery is reduced proportionally. If you are found 20% at fault, you still recover 80% of your damages.

How long do I have to file a motorcycle accident claim in Ontario?

You have 2 years from the date of the accident to start a tort lawsuit. For accident benefits, you must notify your insurer within 7 days and submit your OCF-1 within 30 days.

What is the Minor Injury Guideline and does it apply to motorcycle injuries?

The MIG caps treatment at $3,500 for minor injuries. Many motorcycle injuries — road rash, Brachial Plexus damage, and concussions — do not qualify as minor and should be challenged from Day 1 to unlock full medical and rehabilitation benefits.