August 26, 2025, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
Motorcycle riding offers freedom, agility, and a connection to the open road, especially in scenic regions of Southern Ontario. But it also comes with significant risk. Even minor crashes can lead to devastating injuries due to the lack of physical protection compared to enclosed vehicles. As motorcycle activity continues into the fall, it’s essential for injured riders to understand their legal rights and the rehabilitation benefits available through Ontario’s accident benefits system and personal injury claims.
The Severity of Motorcycle Injuries
Motorcyclists are far more vulnerable than drivers of passenger vehicles. Common motorcycle crash injuries include:
- Traumatic brain injuries (even with a helmet)
- Spinal cord injuries and paralysis
- Fractures and dislocations
- Road rash and soft tissue injuries
- Chronic pain and post-traumatic stress disorder (PTSD)
These injuries often result in long-term or permanent impairments, requiring extensive rehabilitation and time away from work. The physical, emotional, and financial consequences can be overwhelming.
First Steps After a Motorcycle Crash
After a motorcycle accident, your first priority should be health and safety. Seek medical attention immediately, even if your injuries appear minor. Then, take the following steps:
- Report the accident to police and your insurer.
- Document everything: photos of the scene, road conditions, injuries, and damage to your bike.
- Gather witness information and any available surveillance footage.
- Contact a personal injury lawyer with experience handling motorcycle-related claims.
Time is critical. Ontario’s limitation period is typically two years, but early intervention can significantly strengthen your case by preserving evidence and protecting your rights.
Accessing Statutory Accident Benefits in Ontario
Whether you were at fault or not, motorcycle accident victims in Ontario are entitled to benefits under the Statutory Accident Benefits Schedule (SABS). These benefits are available through your own insurer or the insurer of another involved vehicle and can include:
- Medical and rehabilitation benefits (e.g. physiotherapy, chiropractic care, counseling)
- Attendant care benefits (e.g. support with daily activities)
- Income replacement benefits (up to 70% of gross income to a set maximum)
- Non-earner benefits (for those unable to carry on a normal life)
- Housekeeping and home maintenance expenses (in severe cases)
SABS benefits are designed to provide immediate support during recovery, but they come with complex rules, deadlines, and limits—especially for motorcycle riders.
The Importance of a “Catastrophic Injury” Designation
If your injuries are classified as catastrophic under Ontario law, you may be eligible for significantly increased benefits. As of 2025, this includes up to $1 million in medical and rehabilitation support. A catastrophic designation applies in cases of:
- Paraplegia or tetraplegia
- Severe brain injury
- Loss of use of both arms or legs
- Combination of impairments that result in 55% or more whole person impairment
Qualifying for catastrophic status requires medical assessments, detailed evidence, and legal advocacy, something a personal injury lawyer can guide you through.
Filing a Tort Claim for Additional Damages
In addition to SABS, injured motorcyclists may pursue a tort claim against an at-fault driver. This can cover:
- Pain and suffering
- Future income loss
- Loss of enjoyment of life
- Out-of-pocket expenses not covered by SABS
However, Ontario law imposes strict thresholds and deductibles on pain and suffering awards. As of 2025, the deductible has increased, making it more challenging to secure compensation without clear evidence of a serious and permanent impairment.
Early consultation with a lawyer is critical to assess whether a tort claim is viable and how to present the strongest case.
How Deutschmann de Koning Can Help
Navigating post-crash recovery and compensation can be daunting especially when you’re focused on healing. At Deutschmann de Koning Personal Injury Law, we advocate for motorcycle crash victims across Southern Ontario, helping them access all available benefits and build strong injury claims. From accident benefits applications to court litigation, we handle every step with clarity and compassion.
If you or a loved one has been seriously injured in a motorcycle crash, contact us today for a free consultation. We’ll help you get the support you need so you can focus on your recovery.
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