Can you claim compensation if you were not wearing a motorcycle helmet in Ontario?

Riding a motorcycle through Vaughan and York Region is incredibly popular during the Canadian summer months. However, Ontario law strictly requires all riders and passengers to wear an approved helmet. If you are struck by a negligent driver while riding without a helmet, you might assume you have no right to financial compensation.

This is a common and costly misconception. 🚫 While failing to wear a helmet is a violation of the Highway Traffic Act, it does not erase the fact that another driver caused the collision. The law in Ontario looks at the specific injuries you suffered and whether the helmet would have actually prevented them. Here is a clear guide on how these unique claims are handled.

Step-by-Step Process in Vaughan, Ontario

Handling a motorcycle accident claim in Vaughan involves dealing with aggressive insurance adjusters who will try to use your lack of a helmet to deny your claim completely. You will likely need to navigate both the no-fault benefits system and a civil lawsuit at the Superior Court of Justice. Here are the steps to follow.

Step 1: Secure Immediate Medical Attention

Motorcycle accidents often result in devastating road rash, broken bones, or traumatic brain injuries. 🚑 Seek immediate care at a local hospital. It is vital to have doctors document exactly what injuries you sustained. A broken leg or a spinal injury has nothing to do with whether you were wearing a helmet, and medical records will prove this.

Step 2: Apply for SABS (No-Fault Benefits)

In Ontario, every auto insurance policy includes Statutory Accident Benefits Schedule (SABS). You are entitled to these benefits even if you were entirely at fault or broke a rule (like not wearing a helmet). Your law firm will help you apply to cover immediate costs like physiotherapy, personal care, and a portion of your lost wages while you recover.

Step 3: Defend Against Contributory Negligence

If you sue the at-fault driver for a larger settlement, their insurance company will raise the defence of “contributory negligence.” ♓ This means they will argue you contributed to your own injuries by not wearing a helmet. Your lawyer will hire biomechanical engineers or medical experts to prove which injuries were caused by the crash itself, and which (if any) were made worse by the lack of a helmet.

Step 4: Negotiate a Fair Settlement

Your lawyer will negotiate with the defence team. If you suffered a head injury, the court may reduce your compensation for that specific injury by a certain percentage. However, compensation for your broken arms, fractured ribs, and road rash should generally be paid out in full, as a helmet would not have prevented them.

How Much Are Lawyer Fees in Vaughan?

You should never avoid seeking legal help because you think it is too expensive. 💵 In Vaughan and across Ontario, personal injury lawyers almost exclusively work on a contingency fee basis. Here is what to expect in CAD:

How Long Does the Process Take?

Motorcycle accident claims are notoriously slow because the injuries take a long time to heal, meaning doctors cannot immediately provide a final prognosis. ⏳ Depending on the severity of the crash and the fight over contributory negligence, a typical claim in Ontario takes roughly 2 to 3 years to resolve.

Frequently Asked Questions (FAQ)