“I didn’t see him.” That is Not an Excuse. It is Negligence.
If you have been injured in a motorcycle accident in Mississauga or the GTA, you are already facing two battles: your physical recovery and the “Biker Bias.” Insurance adjusters, police, and even judges often subconsciously assume that because you were on a bike, you must have been speeding or weaving through traffic.
At Cambria Law, we ride with you. We know that in over 60% of motorcycle accidents, the car driver violated the rider’s right of way. We use accident reconstruction experts to prove you were riding safely and that the driver failed to check their blind spots.
The Most Common Liability Trap: The Left-Turn
The single most dangerous scenario for a rider is an intersection.
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The Scenario: A car travelling in the opposite direction turns left across your path.
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The Excuse: “He came out of nowhere.”
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The Reality: We prove “Inattention Blindness.” The driver looked but failed to mentally register a motorcycle because they were looking for a car. We hold them 100% accountable for this failure.
Injuries Unique to Riders (Road Rash is Not “Minor”)
Insurance guidelines often downplay “soft tissue” injuries. We know that hitting the pavement at 80km/h causes specific, life-altering trauma:
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Severe Road Rash (Degloving): This is not a scrape. It is the traumatic removal of skin layers requiring painful grafts and leaving permanent scarring.
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Lower Extremity Fractures: Tibia/Fibula breaks and shattered ankles from the bike falling on the leg.
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Brachial Plexus Injuries: Nerve damage in the shoulder/arm caused by impact, often leading to paralysis of the arm (“Biker’s Arm”).
How We Protect Your Settlement
1. Fighting the “Contributory Negligence” Argument
The insurance company will try to reduce your payout by claiming you contributed to your injuries. We fight back against these common defenses:
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“He was speeding”: We analyze skid marks and throw distance to prove your speed was legal.
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“He wasn’t wearing proper gear”: Unless your injury was specifically caused by a lack of gear (e.g., a foot injury while wearing sandals), this is irrelevant.
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“He was lane splitting”: While lane splitting is not legal in Ontario, we argue that incidental movement within a lane to avoid a hazard does not excuse a driver hitting you.
2. Securing the Evidence
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GoPro/Helmet Cam Footage: We preserve this immediately.
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Bike Inspection: We prevent your bike from being scrapped until our experts analyze the damage patterns (impact angle tells the truth about who hit who).
No Win, No Fee. Real Representation for Riders.
You have lost your bike and your mobility. You shouldn’t lose your savings to legal fees.
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We cover all upfront costs.
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We deal with the insurance adjuster so you can focus on healing.
