Motorcyclists are in a uniquely vulnerable position on the road. They ride motor vehicles that can reach the same speeds as cars and trucks but, like pedestrians and bicyclists, they don’t have steel frames, airbags, or seat belts to protect them from collisions or being thrown from their vehicles. While the mix of high speed and minimal protection makes for a thrilling driving experience, it also substantially increases the risk of a debilitating or fatal injury if they are ever involved in an accident.
A serious motorcycle accident can be life-altering. Whether your injuries keep you off your vehicle for an extended period or result in permanent disability, it can be devastating to learn you can no longer experience the freedom you feel while riding a motorcycle. Contending with an uncertain recovery and future can be overwhelming.
At Howie, Sacks & Henry LLP, we understand that in the aftermath of a serious motorcycle accident, many injured people fear their situation is hopeless. But at HSH, Hope Starts Here. As one of Canada’s top personal injury firms, our experienced motorcycle accident lawyers are well-prepared to help you access the accident benefits and compensation you need and deserve to assist with your recovery.
At A Glance
- Severity of Injuries: Speed, exposure to elements, and the absence of key protective features found in passenger vehicles contribute to the severity of motorcycle injuries.
- Common Injuries: Serious motorcycle accidents can cause traumatic brain injuries (TBIs), paralysis, spinal cord injuries, nerve damage, and loss of limbs.
- Eligibility for Benefits: Motorcyclists who sustain injuries in accidents in Ontario are eligible for accident benefits regardless of fault, and compensation from a lawsuit if they are not at fault or only partially at fault for the accident.
Why Are Motorcycle Accident Injuries Often Severe?
Motorcyclists and their passengers account for less than three percent of all people injured in road accidents in Ontario. However, one out of every six people who sustain catastrophic or fatal injuries in motor vehicle accidents in the province were riding motorcycles. Several factors contribute to the severity of motorcycle accident injuries:
Acceleration
Compared to cars or trucks, motorcycles are lightweight vehicles. Reaching higher speeds faster can be exhilarating for drivers, but it also reduces their ability to react to changing road conditions or other hazards. Collisions at higher speeds are much more likely to cause serious or fatal injuries.
Structural Design and Safety Features
Vehicles with four or more wheels have much higher stability than their two-wheeled counterparts. If a motorcyclist hits a pothole, travels on an uneven road, or makes contact with debris, they may have greater difficulty maintaining balance. Avoiding hazards by making sharp turns or attempting to stop suddenly can also throw a driver off balance.
Cars, trucks, and buses typically have a steel frame that encloses drivers and passengers. In the event of a collision or rollover, this frame limits the possibility a person will make impact with another vehicle or the road. Moreover, impact energy dissipates in what is called the crumple zone and not in the passenger compartment. Motorcyclists do not have this protective encasing and are more vulnerable to impact.
Safety features available in other vehicles, such as seatbelts and airbags, which protect passengers from ejection or cushion the head and chest from hard impact, are also not present on motorcycles. Motorcycle manufacturers have determined that seat belts tying riders to a bike make it more likely they will be crushed by their vehicle in the event of an accident. However, the absence of seat belts increases the risk riders will be thrown from their vehicle during impact with another vehicle or stationary object.
Finally, modern motorcycles with automatic braking systems (ABS) or anti-lock brakes are 37 percent less likely to be involved in fatal collisions. This technology is a newer addition to motorcycles compared to other passenger vehicles.
Lack of Safety Gear
Without protection from an enclosed compartment, motorcyclists must wear additional protective safety gear to reduce their risk of injury. Ontario law requires all riders and passengers to wear approved helmets with secured chin straps. Full-face helmets offer significantly more protection than half-helmets.
The province also recommends protective clothing (bright colors, reflective material, leather or synthetic suits), protective equipment (back protectors, kidney belts, gauntlet gloves, and body armor), and boots made of durable material and sufficient to protect ankles, grip pavement, and not catch on rough surfaces. While new motorcycle riders are especially encouraged to wear full protection gear, any rider who does not wear protective clothing and accessories is at greater risk of certain injuries in an accident.
Exposure
Unlike other drivers, motorcyclists are exposed to the elements. Extreme cold or heat can cause driver fatigue, while wind, rain, and hail can create distractions that compromise a driver’s focus.
Reduced Visibility
Like bicyclists and pedestrians, motorcyclists take up less room on the road and it can be more difficult for drivers of other vehicles to see them. Accidents can also happen when other drivers fail to check their blind spots or notice motorcyclists when turning or changing lanes. Motorcyclists who quickly weave through traffic between lanes also risk collisions with drivers who may not be expecting to be passed.
Research shows motorcyclists are also more likely to be struck from behind. Drivers in other types of vehicles tend to have a poorer perception of how quickly a motorcyclist can decelerate and stop.
Passenger Behavior
While passengers in any vehicle can serve as a distraction for the driver, passengers must take on a more active role on motorcycles. Inexperienced passengers may crowd the driver, fail to hold the driver securely, or make unnecessary or dangerous motions while riding. Inexperienced motorcyclists may also fail to make appropriate adjustments to their driving to compensate for their passenger’s weight or actions.
Common Types of Motorcycle Accident Injuries
Road rash (a skin abrasion from skidding and scraping the pavement or ground when a rider falls off or is thrown from a motorcycle) is the most common injury motorcyclists face. When this injury is severe, it can result in nerve damage or complications from infection. Other common motorcycle accident injuries include:
- Traumatic Brain Injuries (TBIs)
- Spinal cord injuries (including paralysis)
- Nerve damage
- Bone fractures (particularly in the forearms, pelvis, femurs, and shins)
- Soft tissue injuries (disfigurement, lacerations, sprains, strains, dislocated joints)
- Internal organ damage and vascular injuries
- Severe burns
Research suggests that injuries to a rider’s legs, arms, feet, and hands are most frequent in motorcycle accidents.
Motorcycle Accident Victim Rights
Like all people who have been involved in a motorcycle accident in Ontario, motorcycle accident victims are eligible to receive accident benefits, regardless of whether they were at fault or share fault for their accident. The Statutory Accident Benefits Schedule (SABS) outlines the amount a person can claim in benefits depending on the severity of their injury and resulting disability. Benefits include:
- Medical and rehabilitation benefits
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Housekeeping and maintenance benefits
- Medical examinations expense reimbursement
An injured person will identify the appropriate SABS insurer, fill out the necessary Ontario Claims Forms (OCF), and complete an application within the specific time frame to access these benefits.
If the accident victim was not at fault for the accident, or only partially at fault, they may also be able to advance a tort claim for damages against a third-party insurer. Tort claims (motorcycle accident lawsuits) are designed to seek compensation for a variety of types of damages, including:
- Medical and rehabilitation expenses
- Cost of attendant care
- Lost income
- Pain and suffering
What Can An HSH Motorcycle Accident Lawyer Do For Me?
A debilitating injury can be especially difficult for an active and adventurous person to accept. It takes time to process how your injuries will change your life. With an HSH motorcycle accident lawyer on your side and by your side, you will find that you are not alone in your post-accident recovery.
Our team of knowledgeable, skilled, and experienced motorcycle accident lawyers will take time to get to know you as a person so we can help you devise a plan that supports your medical, legal, and emotional needs.
As your trusted legal representative and advocate, we’ll guide you through the accident benefits process, manage any difficulties with insurers, and work to get you the compensation you need and deserve. Renowned for taking on even the most complex and challenging cases, HSH LLP is routinely listed as one of Canada’s top personal injury firms by our peers. We’ve built an expansive network of connections from past casework, so you can be sure we’ll be able to contact the necessary medical and/or accident reconstruction experts your case needs.
When a devastating injury closes one chapter of your life, let an HSH motorcycle accident lawyer help you write the next one. We will support your recovery, encourage your efforts to rebuild, and celebrate the renewal of a life worth living.
To learn how we can help you on your road to recovery, contact us today.
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