See all posts by Diamond and Diamond Lawyers
There is a particular kind of freedom that comes with carving up the DVP on a warm spring morning, or cruising up Yonge as the city wakes up. Motorcycle season in Toronto is short, intense, and for thousands of riders across the GTA one of the best parts of the year. But the numbers from the last two summers are forcing a hard conversation, and every rider needs to be part of it.
In 2024, 57 motorcyclists died on OPP-patrolled roads in Ontario, the highest annual total in two decades. The leading causes were grimly familiar: excessive speed, losing control, failing to yield, improper passing, and driver inattention. Eighteen of those riders were not at fault. That detail tells the whole story: even the most careful rider in Ontario is sharing the road with drivers who, on any given day, are not going to see them.
Knowing the law, knowing your rights, and knowing what to do in the moments after a collision are no longer optional knowledge for anyone who throws a leg over a bike in this province.
“Pavement Versus Body”
Sandra Zisckind, Managing Partner at Diamond and Diamond Lawyers, has handled motorcycle injury claims across Ontario for more than two decades and was herself involved in a motorcycle crash when a car struck her. When she talks about the gap between a car-versus-car collision and a car-versus-motorcycle one, she does not soften it:
“It’s pavement versus body — every injury is ten times worse. It’s amplified. The injuries are just worse on motorcycles.”
— Sandra Zisckind, Managing Partner, Diamond and Diamond Lawyers
She recalls one client in particular: a young firefighter recruit whose career path depended entirely on physical capability. His crash looked like a soft tissue injury at first glance. It turned out to be a brachial plexus injury, damage to the network of nerves that controls the shoulder and arm, leaving him with roughly ten per cent function in the affected arm. He could no longer pursue firefighting. He could no longer pursue policing. One collision, one shoulder, one altered life.
That outcome is not unusual. It is exactly what makes motorcycle injury claims behave differently from typical car accident files. A University of Toronto study has found that motorcycle crashes are five times more deadly than car collisions, with injuries that are ten times more severe.
What Ontario Law Actually Says
Three legal realities sit underneath every motorcycle file in this province. Every rider should understand them before the engine turns over for the season.
Helmets are not optional. Section 104(1) of the Highway Traffic Act makes it an offence to ride or operate a motorcycle on a highway without a helmet that meets prescribed safety standards, with the chin strap fastened. Approved helmets must comply with one of several recognized standards (CSA, DOT, Snell, or ECE), and an officer can ask to inspect your helmet. The legal consequences of riding without one extend well past a fine, Diamond and Diamond Lawyers has a detailed overview of what happens to claims for damages when motorcycle and bicycle riders are not wearing helmets. The short version: contributory negligence findings can significantly reduce a rider’s compensation, even when the other driver was clearly at fault for the crash.
A “reverse onus” can help injured riders. In Ontario, when a collision occurs between a motor vehicle and a more vulnerable road user, including a motorcyclist, the Highway Traffic Act shifts the legal burden onto the driver of the car to prove they were not negligent. That can be a powerful tool for an injured rider when the driver’s defence is some version of “I didn’t see them.”
Insurance is changing on July 1, 2026. Ontario is moving to an “à la carte” model for statutory accident benefits. Under changes confirmed by the Financial Services Regulatory Authority of Ontario, medical, rehabilitation, and attendant care benefits will remain mandatory, but income replacement, non-earner, caregiver, housekeeping, death, and funeral benefits will become optional. Motorcycle policies are explicitly included in the change. A policy that renews after July 1 may have far less built-in coverage than the same policy last summer — and certain people who were previously covered, including some passengers and pedestrians, may no longer qualify for optional benefits at all. If you ride, this is the year to read your renewal carefully before clicking accept, and to consider whether a $200,000 third-party liability minimum is anywhere close to enough.
“Not a Bypass to Traffic”
Zisckind has no patience for the riding behaviours she sees on the DVP and the 401 every summer:
“A motorcycle is not a bypass to traffic. It is just another way to sit in traffic and be warm.”
Lane splitting, weaving between rows of slow or stopped traffic, is illegal in Ontario, full stop. It is permitted in some US states, including California, but Ontario has never adopted it. Riders who do it open themselves up not only to stunt driving charges (which carry mandatory licence suspensions under the Highway Traffic Act) but to a serious contributory negligence argument from the insurer of any driver they collide with.
Five Things to Do Before Riding Season
For Toronto riders who want a checklist that actually moves the needle on safety and on a future claim if the worst happens:
- Take a refresher course. Government-approved motorcycle training is not just for new riders. Skills are perishable, particularly after an Ontario winter off the bike.
- Read your insurance policy. Confirm your liability limits, your optional accident benefits, and your uninsured and underinsured automobile coverage. The $200,000 third-party liability minimum is dangerously low for any serious injury claim.
- Gear up every ride. A proper helmet, jacket, gloves, and boots are not a fair-weather choice, they are the difference between road rash and a career-ending nerve injury. Make sure you have all the proper gear to stay safe when riding a motorcycle.
- Assume you are invisible. Ride as though every left-turning driver, every distracted commuter on Spadina, and every transport truck on the 401 has not seen you. Cover your brakes at intersections.
- Know the steps if something happens. Move to safety, call 911, do not remove gear unless it is medically necessary, document the scene, gather witness contact information, and speak with a personal injury lawyer before giving any statement to an insurance adjuster.
Talk to a Lawyer Who Knows Ontario’s Motorcycle Files
When a careless driver leaves a rider with a broken collarbone, a brachial plexus injury, or worse, the steps taken in the first days shape the rest of the claim. The team at Diamond and Diamond Lawyers has experience handling motorcycle accident claims across Ontario, from low-speed dooring incidents in the downtown core to catastrophic highway collisions.
For a free consultation or case evaluation, call our 24/7 injury hotline at 1-800-567-HURT or visit diamondlaw.ca to speak with someone now. We represent riders throughout Ontario.
About Jeremy Diamond
