There are so many different types of vehicles on the road – from cyclists and motorcycles to passenger cars and industrial trucks. It’s important to be aware of all of these vehicles and how an accident with each one will differ. A bike car crash, for example, will differ from a motorcycle car crash and result in different insurance outcomes.
A motorcycle or bike car crash can occur at any moment, just as motor vehicle accidents do. There are differences in how these accidents are treated by Ontario law. The most prominent difference comes from the fact that a bike or motorcycle is a smaller vehicle and therefore the injuries sustained are more severe. This in turn will have legal implications and will most likely have different insurance outcomes.
If you’ve been riding a bike or motorcycle in the city, take a moment to read this brief overview of laws that apply when a motorcycle or bike car crash occur in Ontario. Familiarize yourself with steps to take after a car accident, as these rules apply in the case of a motorcycle or bike car crash as well.
Remember that you are entitled to receive accident benefits from your insurance provider if you’ve been involved in an accident. Depending on your case, this can seem like a complex and daunting undertaking. Contacting Joshua Goldberg for a consultation can be an immense relief. The last thing you want to worry about after being involved in an accident is dealing with paperwork for your accident benefits claim. Guidance regarding the entire process and details will be taken care by Joshua Goldberg and his team.
Motorcycle and Bike Car Crash – Basic Insurance Rules
Provincial laws require motorcycle riders in Ontario to maintain a certain level of insurance coverage. Third-party liability – also known as a tort claim – is mandatory for all Canadian drivers and extends to motorcyclists. At least $200,000 is the minimum amount for third-party liability in Ontario, which protects at-fault drivers. What does this mean? If you cause injury, kill someone or damage property when operating a vehicle, you will be covered by your insurance. Extra collision insurance is an add-on that would provide compensation for the damages on your vehicle. Some aspects of insurance are adjustable based on your personal choices or needs.
If you are insured in Ontario, you already have built-in third-party liability coverage included in your policy. This is an important concept to understand. Why? It will protect you in case you are at fault in an accident involving pedestrians, cyclists, motorcyclists, the driver (and passengers) of the other vehicle, the passengers in your vehicle, and any combination of all of these.
Accident benefits provide you with no-fault benefits – some examples being treatment costs, attendant care, and income replacement benefits. This means that if you get into an accident, regardless of fault, you should be eligible for accident benefits to compensate for your injuries and / or work-related time off. If your insurance company denies a claim in which you were supposed to be compensated, then you may be able to file a claim against your insurance company. However, it is important to note that each person’s situation is different, and it is best to speak to a qualified and competent attorney. This will save a lot of time and headache.
The bottom line is that anyone who owns a car or other vehicle in Canada will be covered for accident benefits through their provider. Accident benefits will apply to a single vehicle accident as well as at-fault drivers. For those who were injured by a careless driver, a personal injury case may be pursued for more compensation.
Do Cyclists Carry Insurance?
In Canada, there are two main types of bicycle insurance: home insurance and stand-alone bike insurance. In Toronto, there is no system of licensing bicycles – the City actually rejected proposals on the topic on at least three occasions due to difficulties in enforcement and record keeping. Thankfully, you can still obtain insurance for your bike. Just as with vehicles, a third-party insurer can cover you for third party liability and personal accidents. Some policies may even extend to cover all of North America. It’s worthwhile to consider this option for yourself if your bike is your main form of transportation.
Are Motorcycle and Bike Car Crashes Riskier?
Common Causes of Motorcycle and Bike Car Crashes
Many accidents involving motorcycle and bike car crashes occur due to drivers passing too closely or failing to check their blind spots when making a turn or lane change. Tailgating (following too closely) is another threatening behaviour. Being unaware or over-estimating the speed of a motorcycle or cyclist is also something drivers should be aware of while on the road. Although we can outline what things not to do, it’s the responsibility of all drivers to be aware of and abide by the rules of the road. Safety tips for motorcyclists and cyclists will be explored below.
If you have sustained injuries from a motor vehicle, you will be eligible to pursue a claim through the no-fault accident benefits that is held by the motor vehicle driver’s insurance. Therefore, as a cyclist, depending on the situation, you may not need to rely on your own insurance, nor even have insurance.
Common Injuries Sustained in Motorcycle and Bike Car Crashes
Broken Bones: Being involved in a car accident may result in any of the bones in your body being broken. In comparison, motorcycle and bike accidents usually involve the breakage of specific bones including those of the lower legs, arms and wrists, clavicles, ribs, facial bones, and the skull.
Spinal cord injuries: These injuries usually occur when the spinal cord gets severed upon impact. This injury may result in partial paralysis in the area below the point of injury.
Pelvic injuries: In motorcycle or bike car crashes accidents, the hood of the oncoming vehicle typically hits the victim, which in turn leads to a broken hip bone. Senior citizens are particularly vulnerable to these types of injuries.
How to Avoid These Injuries: A cyclist is riding the smallest vehicle on the road and requires many more safety precautions than a car or motorcycle driver. A cyclist must remember that visibility is important (lights, reflective clothing), as is riding in a predictable manner, understanding how traffic works and knowing how to communicate (lane changes, stops) with other vehicles on the road. Using extra caution around train or streetcar tracks and when passing vehicles is good practice for any vehicle large or small. Keeping these cyclist safety tips will help everyone stay safe.
Traumatic Brain injuries: An open brain injury (also called a penetrating brain injury) occurs when the scalp breaks and part of the skull enters the brain. On the other hand, a closed brain injury is one where trauma is still endured, but the scalp and bone of the head remain intact. A closed brain injury is what leads to concussions – the rapid forward or backward movement that cases the brain to shake inside the skull. If the pedestrian’s head, or a motorcyclist’s head, hits against the vehicle or the road’s surface, it may result in a traumatic brain injury such as a concussion. These are very serious injuries that vary in the severity of required recovery time. They shouldn’t be taken lightly if sustained. A doctor may prescribe time in total darkness (no screen light from phones or laptops), with gradual re-introduction to light and screens. This is just an example; each situation differs in severity.
How to Avoid Them: In Toronto, helmets are not required for adults over the age of 18. It’s clear that wearing one can reduce the risk of permanent injury or death if you fall or collide with a vehicle. In Toronto, those under 16 riding bikes must have a helmet. Adults on e-bikes must wear a bike or motorcycle helmet. A helmet is required for motorcyclists. In conclusion, always wear a helmet in order to prevent serious brain injuries.
Overall, it is important to remember that there is recourse for any injuries you may have sustained due to either a motorcycle or bike accident. In conclusion, every accident is unique and there are specific circumstances that apply to each situation. Therefore, it is always a good idea to speak to a qualified and competent motorcycle or bike lawyer.
Personal injury due to an accident is not something you want to deal with. The most important thing to do is recover from personal injury and get your life back on track as swiftly as possible. Let Joshua Goldberg help you regain control of your life by having our team of accident claim lawyers work alongside you. Whether involved in a motorcycle or bike car crash, we will be there with you every step of the way.
Contact us at 416-943-6585 for a free,
no obligation consultation so that you can see what we can do to help.