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Toronto Personal Injury Lawyers
Toronto Personal Injury Lawyers

Ajax Motorcycle Accident Lawyer

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Contact our Ajax motorcycle accident lawyers for a free consultation if you have legal questions regarding your motorcycle accident claim.

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Published: December 5, 2020 | Last Reviewed: January 27, 2026

For motorcycle enthusiasts in Southern Ontario, the summer of 2020 presented extremely tempting conditions for hitting the open road. Months of sheltering at home to slow the spread of COVID-19, combined with beautiful summer weather, had motorcyclists across the province eager for the freedom, speed, and exhilaration of riding their bikes. With limited options for summer activities available because of the pandemic, all across Canada, the prospect of escaping on a motorcycle appealed to seasoned drivers and novices alike. In fact, July 2020 saw a 72% year-over-year increase in motorcycle sales across the country.

While there’s no denying the invigorating rush people experience on the back of a motorcycle, every time these drivers take their bikes for a spin, they face life-threatening risks. According to a recent OPP report, unfortunately, fatal motorcycle collisions in Ontario have increased by 60% this year, and could certainly continue to rise as the weather conditions remain favourable for outdoor excursions.

Distracted motorists and drivers who fail to yield are among the leading causes of motorcycle collisions. Due to the negligence of others, even the most cautious motorcyclist is vulnerable to serious injury, or worse.

Motorcycle accident victims and their families have rights. Preszler Injury Lawyers’ motorcycle accident lawyers and Ajax personal injury lawyers have helped thousands of people who have suffered serious injuries as a result of these traumatic, often life-altering events. For those in the Durham region whose lives have been altered following a collision, one of our Ajax motorcycle accident lawyers will be ready to confidently pursue maximum available compensation.

If you’ve recently been involved in a motorcycle accident, there are some important things to know.

Immediately After The Accident

Any type of vehicular collision can certainly be a shock. But drivers behind the wheel of a car have the benefit of various built-in safety features to rely on in the event of an accident. For motorcycle drivers operating high-speed vehicles with only the protection of a helmet, the shock following an accident can be even more acute. In the aftermath of a motorcycle accident, it can be difficult to keep a cool head, but it is important to take certain steps to ensure the safety of everyone involved.

First and foremost, if injuries have been sustained in the collision, it is imperative to seek medical attention. Furthermore, if it is safe to do so, the vehicles involved in the accident should be moved to the side of the road, away from oncoming traffic. However, if it is safe to do so, before moving the vehicles, those involved in the accident could use their smartphones to take pictures of the accident and any damage caused in the collision. If it isn’t possible to move the vehicles to the side of the road, it would be advisable to engage their hazard lights and use cones, triangles, or flares to alert other oncoming drivers to the disruption ahead.

Once the safety of all involved parties has been assessed, it is an appropriate time to contact a motorcycle accident lawyer. The motorcyclist can use their smartphone to take note of other parties’ contact information. This includes the driver, passengers, and any witnesses to the accident. It is appropriate to ask for these parties’ names, addresses, telephone numbers, and email addresses. It is also appropriate to take note of the other driver’s license plate number and insurance information.

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Avoid Admitting Fault

During these crucial moments when emotions can understandably run high, it is essential to remain calm when interacting with the other parties involved in the accident. If any of the involved parties become argumentative, they may be assured that they can discuss their side of the story with police officers when they are dispatched to the scene.

The frenzied moments following an accident are not the time to sign any statements admitting fault or to make verbal commitments to pay the damages of the other parties involved in the collision.

It’s natural to feel a sense of panic immediately following an accident and immediately rush to apologize to the other driver, but it is important to avoid admitting culpability. Even a simple expression like “I’m sorry” might be referenced by an opposing lawyer in court to suggest the speaker’s responsibility. That’s why, in the aftermath of a collision, it’s important to stay calm and think before making any statements to other parties that might be misconstrued as voluntary admissions of liability.

Seeking Accident Benefits

In many incidents, it may not be immediately apparent who is at fault for a motor vehicle accident. Oftentimes, determining responsibility may require formal litigation; if so, a judge or jury would decide the outcome of the motorcycle accident case. Regardless of direct responsibility for the collision, in the unfortunate and traumatic event of a motorcycle accident, it is important to understand your rights.

Insured motorcyclists in Ontario have the right to seek accident benefits. These benefits are available through a no-fault system, which means that anyone involved in an accident involving a motor vehicle can access the standard auto insurance policies of the vehicle involved. Each person involved in the accident has the right to apply for benefits, even if their own actions contributed to the accident. These benefits are regulated by Ontario’s Insurance Act and the Statutory Accident Benefits Schedule, which determines the available benefits. In order to qualify for these benefits, accidents must be reported to the driver’s or vehicle owner’s insurance company within seven days of the incident, and the Application for Benefits the insurer subsequently supplies must be submitted within 30 days of its receipt.

After reporting a motorcycle accident to your insurance provider and submitting a claim for benefits, you may be asked to participate in an insurer examination. Once that examination is complete, you have the right to obtain a copy of that report from your insurer. During the course of this examination, you may be required to undergo a medical assessment or submit to questions from specialists.

In addition to statutory accident benefits, you may also be entitled to certain benefits through a long-term disability insurance policy, if you hold one. These may apply in certain situations where you are unable to return to work due to your injuries. To find out whether you are eligible, our Ajax long-term disability lawyers can help.

Bias Against Motorcycle Divers

Operating a formidable machine like a motorcycle requires a high level of skill. Most motorcycle drivers are fully aware of the caution that must be exercised when riding their bikes, and are committed to safe, responsible behaviour on the road. Nevertheless, motorcycle enthusiasts are often negatively stereotyped as negligent, “born-to-be-wild” risk-takers. This perception can affect the way accident victims’ claims for benefits are assessed and complicate the process of remuneration.

Even if you’ve submitted to an insurer’s examination following an accident in which you sustained serious injuries, insurance companies might deny your claim to benefits or provide an unfair benefits package.

An insurance adjuster’s top priority is to keep their company’s payouts as low as possible. As employees of an insurance provider, adjusters may be required to place their company’s needs over their individual clients. This sentiment, coupled with an inherent bias against motorcycle drivers, often means that accident victims have to fight for fair compensation.

As a claimant, you have the right to appeal or arbitrate the insurance company’s decision to deny benefits. You have the right to hire a personal injury lawyer to assist you through this process.

Filing A Lawsuit

The injuries sustained in motorcycle accidents have the potential to be life-altering. Sometimes injuries require extended recovery periods and significant medical expenses. In many cases, motorcycle accidents can lead to Long-Term or permanent physical damage. These injuries can substantially alter an accident victim’s quality of life and have detrimental effects on family members and close friends.

In cases where a motorcyclist was not at fault or was only partially at fault for an accident in which they sustained serious injuries, Accident Benefits may not be sufficient to compensate the victim of another party’s negligence. In situations like these, on top of applying for Accident Benefits, the injured motorcyclist has the right to seek compensation from the responsible driver through the form of a lawsuit.

An experienced personal injury lawyer will be able to provide essential assistance in order to proceed with this course of legal action. By reviewing thoroughly documented losses as a result of the motorcycle accident, a skilled personal injury lawyer will be able to conduct a case evaluation and assess the potential value of a victim’s claim.

Hiring A Motorcycle Accident Lawyer

Victims of motorcycle accidents can face an uphill battle to receive fair compensation. The susceptibility to serious injuries coupled with insurance providers’ inherent bias against motorcyclists often leads to lengthy, difficult legal processes, requiring meticulous documentation and expert testimony.

An injury lawyer can help clearly articulate exactly what happened in the chaos of a motorcycle accident and illuminate exactly what the victim has lost. The legal team at Preszler Law has access to a large network of physicians, engineers, accident reconstruction professionals, and other vital resources to help their clients secure a favourable outcome.

Having a reputable and experienced law firm on your side can help get you the compensation you deserve. For almost seventy years, Preszler Injury Lawyers has helped thousands of injured individuals through times of serious crisis. Contact us today at 1-800-JUSTICE for a free case evaluation.

Co-Authored by Jeffrey A. Preszler

Personal Injury Lawyer

Partner Jeffrey Preszler’s practice focuses on personal injury claims, including motor vehicle accident claims, slip and fall claims, long-term disability claims, and institutional abuse claims.

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Case Results

motorcycle accident Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some motorcycle accident related wins we’ve had for our clients.

Settlement

Motorcycle Accident

$3,055,000

Transport truck collided with motorcycle. Client injuries: Serious physical injuries with nerve pain and mental health impairments.

Settlement

Motorcycle Accident

$2,604,000

Motorcycle struck by left turning vehicle. Client injuries: Physical and psychiatric impairments

Settlement

Motorcycle Accident

$2,156,713

An American citizen was driving his motorcycle in Ontario. He went to overtake some cars and was subsequently hit by a vehicle making a left hand turn and sustained catastrophic injuries.

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Download Our "How to Choose a Personal Injury Lawyer in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how accident benefits claims work.

How to Choose a Personal Injury Lawyer in Ontario

In this ebook, you can read about:

  • When it makes sense to contact a personal injury lawyer in Ontario
  • The qualifications, experience, and track record to look for in a law firm
  • How contingency fees, disbursements, and costs typically work in injury cases
  • Questions to ask during a free initial consultation
  • Warning signs and red flags when choosing a lawyer or firm
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  • How Preszler Injury Lawyers may be able to help after a car accident, slip and fall, or other injury event
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Download Our "Long-Term Disability Appeals" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

Long-Term Disability Appeals

In this ebook, you’ll learn:

  • The difference between an internal appeal and a lawsuit
  • How the LTD appeals process typically works in Ontario
  • What evidence you can gather to strengthen your appeal
  • How to respond to insurance company requests and other tactics they might use
  • What deadlines may apply to your appeal
  • The benefits of working with an LTD lawyer when you need to appeal your denied claim
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Download Our "I’m Approaching Change of Definition" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

I’m Approaching Change of Definition

This ebook will help you:

  • Understand what “change of definition” means when it comes to LTD policies
  • Learn when this shift typically occurs and how it might affect your eligibility
  • Know what evidence you can collect to support your continued claim
  • Identify warning signs that a denial or termination might be coming
  • Explore your legal options when your insurer cuts off your benefits
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Download Our "Denied Long-Term Disability Benefits" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

Denied Long-Term Disability Benefits

In this ebook, you’ll learn:

  • Common reasons why long-term disability claims are denied in Ontario
  • What to do immediately after receiving an LTD denial
  • The difference between appealing a denial and filing a lawsuit against your insurer
  • How to gather strong medical and occupational evidence to support your claim
  • What deadlines apply to LTD claim disputes
  • How our long-term disability lawyers can help you build a strong case
  • What compensation you may be entitled to
  • And more
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Download Our "Applying for Long-Term Disability Benefits" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

Applying for Long-Term Disability Benefits

In this ebook, you can read about:

  • Who qualifies for LTD benefits in Ontario
  • How to effectively complete your LTD application package
  • What medical and employment documentation you need to collect
  • How insurance companies evaluate LTD claims
  • Tips to avoid common errors that may lead to delays or denials
  • What to do if your claim is denied
  • How our long-term disability lawyers can support your application
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Download Our "Slip and Fall Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how personal injury claims work.

Slip and Fall Lawsuits in Ontario

This ebook will:

  • Provide you with a solid foundation for understanding your rights and obligations as an injury victim
  • Help you understand the nature of Slip and Fall accidents and injuries, including the Occupiers’ Liability Act in Ontario
  • Teach you how to hold a property owner accountable for your injuries
  • Explain the evidence you’ll need to support your case
  • Demonstrate how you can strengthen and protect your claim
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Download Our "Car Accident Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.

Car Accident Lawsuits in Ontario

This guide to car accident lawsuits in Ontario will help you:

  • Understand your rights after a car accident in Ontario
  • Learn how and when to file a lawsuit against an at-fault driver
  • Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
  • Identify the key steps in a car accident claim
  • Know what kind of evidence to collect to strengthen your claim
  • Understand how limitation periods and other legal deadlines will affect your claim
  • Discover how a personal injury lawyer can help you on your legal journey to compensation
  • And more
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Download Our "Statutory Accident Benefits Schedule" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how accident benefits claims work.

Statutory Accident Benefits Schedule

In this ebook, you’ll learn about:

  • How to apply for Accident Benefits
  • Eligibility requirements for Accident Benefits
  • Benefits and compensation available to workers and non-earners
  • Benefits and compensation for caregivers of injured individuals
  • Benefits available for medical and rehabilitation expenses
  • Benefits available for death and funeral expenses
  • The difference between minor injuries and catastrophic impairment injuries
  • How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
  • And more
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More motorcycle accident Video Resources

We also have some videos on the topic of motorcycle accident claims

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View More in Our Video Library

motorcycle accident FAQs

Here are some commonly asked questions for motorcycle accident claims

You generally have two years from the date of the accident to start a lawsuit. Some insurance claims have shorter deadlines, so acting quickly is important.

Yes. Ontario law requires helmets, but failure to wear one doesn’t erase your right to compensation. However, it may affect how damages are calculated if the lack of a helmet made injuries worse.

That doesn’t excuse negligence. Drivers have a duty to watch for all vehicles, including motorcycles. Courts don’t accept “I didn’t see them” as a defense.

Even when fault isn’t disputed, insurers may undervalue your claim. A lawyer ensures you receive full consideration for all damages, not just what the insurer offers.

Settlements are based on lost income, future care needs, and non-economic damages like pain and suffering. Every case is different, so values vary widely.

Even when fault is clear, insurers may dispute the value of your claim. A lawyer helps you present full evidence of your losses.

You usually have two years from the date of the accident to start a lawsuit. Shorter time limits apply for some claims against municipalities.

Yes, but not wearing a helmet may affect the outcome of your case if it contributed to your injuries. You may still pursue compensation for losses caused by the other driver.

Read More FAQs

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