joshua@jgoldberglaw.ca
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By Paul Russell, LegalMatters Staff • Motorcyclists know that summer is a great time to explore Ontario’s highways and byways. They also do not have to be reminded of the inherent risks that come with these two-wheeled vehicles.
“When you are on a motorcycle, all your limbs are exposed,” says Toronto personal injury lawyer Joshua Goldberg.
“If you’re sitting in a car, you are reasonably protected. Sadly, it is much more common to see fractured limbs and head injuries after a motorcycle accident, as there is little protection for riders,” says Goldberg, principal of Joshua Goldberg Law.
“Even if you are wearing a full-face helmet, you can still get a concussion from a fall,” he says. “And motorcyclists who don full-body protective gear can still break their bones because their bodies are exposed to the other vehicles. Unfortunately, there’s just no way to fully protect yourself while on a motorcycle.”
More chance of a single-vehicle accident
Goldberg tells LegalMattersCanada.ca that motorcycles are involved in a higher percentage of single-vehicle accidents than cars.
“If a motorcyclist is distracted or just takes their eyes off the road for a second, an accident can occur,” he says.
Information from the OPP confirms that. The provincial police force examined fatal crashes involving motorcycles over a 10-year period between 2012 and 2021. During that time police investigated 326 fatal motorcycle accidents that claimed the lives of 342 motorcyclists and passengers, with more than one-third of them involving a single vehicle, the motorcycle.
There were 34 fatal motorcycle incidents in Ontario last year
Riders between 45-54 accounted for the highest number of motorcycle deaths on OPP-patrolled roads in the 10-year period, the study states, adding there were 34 fatal motorcycle incidents in 2021.
“The data is a stark reminder that there can be zero risks and errors on the part of motorcyclists and that even the safest, most defensive riders must rely on nearby motorists exercising the same degree of safety in order to avoid causing a deadly crash,” OPP officials stated.
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“Excessive speed, failing to yield right of way, and driver inattention remains contributing factors.
If a motorcyclist is in a single-vehicle accident they could be prevented from launching a lawsuit for damages unless they can show that improper road maintenance or design led to their spill, says Goldberg.
Legal options are available
“Depending on the facts, they might have an accident benefits claim through their insurance,” he says. “Or they may be able to launch a lawsuit if there was something wrong with the road. We can try to sue whoever is responsible for the roadway, but those cases are usually complex. We have to prove the upkeep of the road did not meet minimum maintenance standards, or there was a negligent design.”
Goldberg notes that visibility is another safety issue, as a motorcycle is not as obvious on the road as an automobile. That leads to accidents, especially when vehicles are changing lanes or turning at intersections, he says.
“If you are riding, there is always a risk of being hit by a driver who just doesn’t see you,” Goldberg says. “Motorcyclists are unfortunately exposed to other vehicles in a way you are not in a car. If an accident occurs because a driver of an automobile was not paying enough attention, we can sue that at-fault driver.”
Information from the Motorcycle & Moped Industry Council, a national motorcycle safety advocate group, urges all drivers to watch for motorcyclists on the road.
‘A shared responsibility to watch out for each other’
“Always check your mirrors and blind spots, especially before turning or changing lanes … allow for extra room to avoid cutting off a motorcyclist,” it reads. “Remember, the person in that helmet is someone’s friend, colleague, neighbour or relative – we all have a shared responsibility to watch out for each other.”
Goldberg admits he has limited firsthand knowledge of what goes into riding a motorcycle.
“Back in the day, I rode motorcycles in Cambodia and other parts of East Asia, but that is it,” he says.
“Now I help people recover financially from motorcycle accidents. If you are injured while riding due to someone else’s actions, I can help you win the compensation you need to get back on your feet and back on your bike.
