7 Common Motorcycle Accidents and Who’s At Fault
Mar 5 2023 | ZAYOUNA ADMIN
Motorcycle accidents are far less frequent than car accidents, but when motorcycle accidents do happen, the consequences are far more serious. Motorcycles account for roughly 2% of vehicles on the road, so you’d expect a much smaller number of accidents, but this doesn’t tell the whole story.
According to a report from the CMAJ, motorcyclists are 3 times more likely to be injured in an accident and 10 times more likely to be severely injured. To make matters worse, motorcyclists are found at fault for the accident in about 60% of cases, adding insult to injury.
Hopefully, by improving your understanding of motorcycle accidents, you can improve your chances of avoiding one. In this article, we go over eight of the most common motorcycle accidents and who is usually at fault for each.
How is Fault Determined in Ontario?
In Ontario, fault determination is outlined in regulation 668 of the Insurance Act. The regulation outlines over 40 driving scenarios that cover almost every possible motor vehicle accident. For any accident not included in the act, the fault is determined using relevant case law.
After an accident, insurance companies investigate the accident using the evidence provided–driver reports, witnesses, dash cams, etc.–to determine who was responsible. The insurers have to use the scenarios outlined in regulation 668 to determine fault.
In each scenario, the fault is attributed to each driver involved from 0 to 100%. The degree to which you are found at fault will determine what proportion of the damages you (or your insurer) are responsible for paying.
Fortunately, regardless of who is found at fault, Ontario drivers with valid car insurance are eligible for accident benefits to help cover expenses associated with injuries caused by the accident.
Most Common Motorcycle Accidents Left-Turning Car or Truck
One of the most common accidents is left-turning accidents. The exact fault determination for left-turning accidents varies depending on how the accident happened.
In a normal left turn, where car A is turning left, and car B is approaching in oncoming traffic with right of way, car A is usually 100% at fault.
If driver A is turning left and driver B sideswipes while trying to pass, then driver B is either 100% or 75% at fault.
If the accident occurs because one driver fails to obey a traffic signal, then that driver is 100% at fault.
Rear-End Collisions
Rear-end collisions are the most common accident among passenger cars. Data about frequency in motorcycles are hard to come by. Regardless of the type of vehicle involved, in almost all scenarios, the driver approaching from the rear is 100% at fault.
Lane Switching Accidents
If an accident occurs during a lane switch with two vehicles driving in the same direction in adjacent lanes, the driver that is switching lanes is almost always 100% at fault.
Motorcycle Lane Splitting Accidents
Similar to lane-switching accidents are accidents where the motorcyclist is lane-splitting to pass cars. These situations are a bit trickier to determine fault as lane switching can result in an accident similar to lane changing, rear-ending, head-on collision, or cause accidents in other vehicles.
In most cases, though, the motorcyclist will be at least partially at fault. In many scenarios, they will be 100% at fault.
Accident’s Caused by Poor Road Conditions
If you get in an accident during a heavy rain storm or on icy roads, you might expect the accident to be deemed nobody’s fault, but that is not the case. In Ontario, fault determination is made without consideration of the weather conditions, road conditions, or actions of pedestrians.
Fault for accidents in poor road conditions is determined the same as in normal conditions. The expectation is that drivers will adjust their driving to suit the conditions of the road.
Single Driver Collisions
Single-driver collisions occur when a driver hits a stationary object or drives off the road. As you would imagine, in single-driver collisions, the driver is almost always 100% at fault.
Head-On Collisions
Head-on collisions are one of the more difficult scenarios to determine fault. There are many ways a head-on collision can occur, and fault determination will vary depending on the circumstances.
Generally, any driver that moves their vehicle into oncoming traffic will be 100% at fault. If both drivers veer out of their lane, then the fault is split 50/50.
When to Contact a Motorcycle Accident Lawyer
After an accident, you will want to seek medical attention right away and notify your insurer as soon as possible. If at any point you need help filing your insurance claim or understanding your rights, then you’ll want to contact a motorcycle accident lawyer.
Sometimes insurance claims are denied, or your insurer agrees to pay less than you think is fair. In these cases, you can challenge your insurer’s decision. To do this, you can resubmit your claim with new evidence, contact an arbitrator to settle the dispute, or end up in court. If you want to challenge an insurance decision, it is recommended to work with a lawyer to improve your chances of success.
Other times, you might be able to make a case that the other driver or another third party’s negligence was the cause of the accident. In these cases, you can file a tort claim to sue the other party for compensation for damages or injury. If you want to file a tort claim, you will definitely want the consultation and representation of an experienced motorcycle accident lawyer.