CALL 24/7A 39-year-old man has died after losing control of his motorcycle and striking a utility pole on Riverside Drive East early Saturday morning. No other vehicle was involved in the crash.
Loss of Control at High Speed Leads to Fatal Crash
Windsor police responded to the crash near Ford Boulevard shortly after 3:30 a.m. Saturday, according to Windsorite and the Windsor Star. A preliminary investigation suggests the man was travelling at a high rate of speed when he lost control and struck a utility pole. He was taken to hospital with life-threatening injuries and died later that day. Riverside Drive East remained closed between Buckingham Road and Thompson Boulevard for several hours while the Traffic Reconstruction Unit investigated. Police are asking anyone with information or video footage to contact the Windsor Police Traffic Enforcement Unit or Crime Stoppers.
How Ontario Law Treats Motorcycle Crashes Differently
Motorcycle crashes carry legal considerations that don’t come up in a typical car accident case. Because a rider has far less protection than someone inside a vehicle, both the injuries involved and the way a claim gets evaluated often look different.
Helmet Use and What It Means for a Claim
Under Ontario law, motorcycle riders must wear an approved helmet. There are no exceptions based on age or riding experience. If a rider wasn’t wearing a helmet, or was wearing one that didn’t meet safety standards, that detail can become relevant to a claim, since Ontario’s contributory negligence rules allow compensation to be reduced if a person’s own actions contributed to the severity of their injuries.
Motorcycle Bias in How Fault Gets Assessed
Motorcyclists sometimes face an unspoken bias in how a crash gets perceived, with assumptions made about speed or recklessness simply because a motorcycle was involved. A thorough, independent review of the evidence helps ensure a rider’s case is judged on the actual facts, not on assumptions about motorcyclists in general.
What Can Cause a Single-Vehicle Motorcycle Crash
A motorcyclist losing control without another vehicle involved can stem from a range of causes beyond rider error alone.
Common Contributing Factors
Several factors can contribute to a single-vehicle motorcycle crash:
- Road hazards: Potholes, loose gravel, or uneven pavement can cause a rider to lose control, particularly at higher speeds.
- Mechanical failure: A defect in the motorcycle’s brakes, tires, or steering can result in a sudden loss of control.
- Poor lighting or visibility: Overnight crashes, like this one, often involve reduced visibility that can make it harder to spot road hazards in time to react.
- Speed: Travelling too fast for the road or conditions reduces the time and distance a rider has to correct course or stop safely.
Why Identifying the Cause Still Matters, Even Without Another Driver
Even in a single-vehicle crash, the cause of a motorcyclist’s loss of control can point toward responsibility beyond the rider, such as a road authority responsible for a hazard, or a manufacturer if a mechanical defect played a role.
Wrongful Death Claims Specific to Motorcycle Crashes
When a motorcycle crash results in a death, certain family members may be able to pursue a claim under Ontario’s Family Law Act, separate from any police investigation into the crash.
What a Family’s Claim Can Address
A Family Law Act claim may allow a spouse, child, parent, grandparent, or sibling to seek compensation for their own losses, including funeral and burial expenses, and the loss of guidance, care, and companionship. A separate survival claim through the deceased’s estate can also address the rider’s own losses, such as pain and suffering, if he survived for a period of time before passing away.
Why Motorcycle Cases Can Involve Added Complexity
Because motorcycle crashes can raise helmet use and contributory negligence questions that don’t arise in a typical car accident claim, these cases often benefit from a lawyer experienced specifically in motorcycle litigation. Understanding how these factors interact with a family’s right to compensation is an important part of building a strong claim.
Frequently Asked Questions
Here are answers to some of the questions families often have after a fatal motorcycle crash.
Does not wearing a helmet automatically prevent a family from making a claim?
No, it doesn’t automatically prevent a claim, though it can affect the amount of compensation available if a lack of a helmet contributed to the severity of the injuries. A lawyer can help assess exactly how this factor applies to a specific case.
Can a family pursue a claim if no other vehicle was involved in the crash?
Yes, a claim may still be possible if a road hazard, mechanical defect, or another party’s negligence contributed to the crash. The absence of a second vehicle doesn’t rule out other parties sharing responsibility.
How does contributory negligence affect a motorcycle crash claim?
Ontario law allows compensation to be reduced if the injured person’s own actions, such as speed or helmet use, contributed to their injuries. This doesn’t eliminate a claim, but it can affect the final amount awarded.
Can a family pursue a claim while the police investigation is still open?
Yes, a family doesn’t need to wait for the investigation to conclude before speaking with a lawyer. Evidence can be gathered and preserved independently while the investigation continues.
How long do families have to file a claim after a fatal motorcycle crash in Ontario?
In most cases, Ontario law allows two years from the date of death to file a claim. It’s best to speak with a lawyer as early as possible so evidence isn’t lost.
When a Motorcycle Crash Leaves a Family With Questions
A motorcycle crash that causes the loss of a loved one often brings up legal questions that don’t come with simple answers, especially in situations where no other driver was involved.
At [Firm-name], we work hard to get answers for our clients, and we are deeply committed to seeking the compensation they need after a catastrophic crash.
Our motorcycle accident lawyers have been helping families across Windsor and Essex County for over 45 years. We are prepared to take every case at court to secure justice on behalf of our clients.
When we represent you, there are no upfront payments to worry about. You only pay our fees if we secure compensation for you.
Do you have legal questions after a collision involving a loved one?
Call Greg Monforton & Partners today. (866) 320-4770
