Motorcycle Accident Wrongful Death Claims: What Ontario Families Need to Know

Losing someone in a motorcycle accident is life-changing, and Ontario law allows families to pursue compensation when a rider is killed by a driver’s negligence. A Hamilton wrongful death lawyer can investigate the crash, secure critical evidence, and safeguard your family’s long-term financial stability. If your loved one was fatally injured while riding, legal guidance is essential to understand your rights and the options available to you.

Motorcycle Accidents and Wrongful Death: When the unthinkable happens – we’re in your Corner.

If your loved one has been killed in a motorcycle accident, you will no doubt have many questions that remain unanswered. Although any death of a close loved one can be emotionally devastating, unexpected deaths can elicit especially strong emotional responses since there is less time to prepare for and adapt to the death. Losing a loved one unexpectedly is no doubt one of the worst traumatic experiences that one can suffer – and is often associated with the onset of major stress, anxiety, depression, panic episodes, sadness, post-traumatic stress disorder, substance abuse and prolonged grief.

Having represented the families of motorcycle accident victims since 2003, we understand the loss and hardships that you and your family are currently facing and may potentially face in the future.

Nothing can turn back time and bring your loved one back; however, if somebody was at fault and caused the motorcycle accident that has taken your loved one, filing a wrongful death claim can be your family’s best option to obtain justice and compensation that you need to protect your future.

If your loved one has died in a motorcycle accident, fill in a contact form or call us today at 905-333-8888 to discuss your options. We have been representing the families of motorcycle accident victims since 2003.

Understanding How Motorcycle Wrongful Death Claims Work in Ontario

In Ontario, a motorcycle wrongful death claim is a civil claim brought by surviving family members when a rider is killed because another driver acted carelessly. You do not need to prove criminal wrongdoing. Instead, the law focuses on whether the at-fault driver failed to act as a reasonably safe and attentive motorist, and whether that failure caused the crash. In motorcycle cases, this often involves common forms of negligence—drivers not seeing a rider, misjudging speed or distance, making unsafe left turns, following too closely, driving distracted, or driving impaired.

To succeed, a family must prove four key things on a balance of probabilities. First, the at-fault driver owed a duty to operate their vehicle safely, which applies to everyone on the road. Second, the driver breached that duty by doing something unsafe or by failing to take reasonable care. Third, that careless behaviour caused the collision. Finally, the death must have led to real losses for the surviving family members. Ontario’s Family Law Act allows eligible relatives—such as spouses, children, parents, and siblings—to claim financial losses and compensation for the loss of care, guidance, and companionship.

Many motorcycle wrongful death cases require careful investigation because insurers often try to shift blame onto riders. Evidence such as police reports, witness statements, dash-cam video, phone records, and accident-reconstruction analysis can be critical in showing exactly how the collision happened. Expert input from vocational specialists or actuaries may also be needed to measure the financial impact of the death on the family, especially when the deceased was a main contributor to household income.

Importantly, your civil claim is separate from any criminal charges. A driver does not need to be charged or convicted for a family to succeed in a wrongful death lawsuit. The question in the civil claim is simply whether the driver’s negligence caused the fatal crash, based on the evidence.

Motorcycle wrongful death claims are complex, but understanding the basic legal principles helps families know what to expect. With the right evidence and early legal support, families can hold the responsible driver accountable and pursue the compensation they need to protect their future.

How much does a Wrongful Death Lawyer Cost?

In Ontario, families do not pay anything upfront to hire a wrongful death lawyer. Most wrongful death and serious personal injury cases are handled on a contingency fee basis, which means our lawyers only get paid if we successfully recover compensation for you—through a settlement or a court judgment. You do not pay hourly fees, retainers, or ongoing legal bills while the case is moving forward.

Under a contingency fee agreement, our fee are a percentage of the final recovery, agreed to at the beginning of the case. This structure allows grieving families to access experienced legal representation immediately, without worrying about the cost of hiring a lawyer during one of the most stressful periods of their lives.

In addition to legal fees, cases involve disbursements—the out-of-pocket expenses needed to build the claim. These can include medical records, expert reports, court filing fees, accident-reconstruction analysis, medical records, and other investigative costs. Our law firm will cover these expenses upfront and recover them at the end of the case, only if the claim is successful. Always ask the lawyer you decide to hire what their policy is on paying the firm back it’s disbursements if the case is unsuccessful – some firms expect full reimbursment.

Before you sign anything, Hamilton lawyer Matt Lalande will walk you through the percentage, how disbursements work, and what to expect at the end of the case. This ensures families understand the arrangement fully and feel confident that they are not taking on any financial risk while seeking justice for their loved one.

How Long After the Motorcycle Accident Do You Have to Bring a Wrongful Death Claim in Ontario?

In Ontario, the Limitations Act generally gives families two years from the date of death to file a wrongful death lawsuit. This deadline is strict, and missing it can mean losing the right to pursue compensation entirely, regardless of how strong the case may be. However, important exceptions exist, particularly when children are among the claimants.

If a minor loses a parent in a motorcycle accident, their two-year limitation period doesn’t begin until they turn eighteen, giving them until their twentieth birthday to bring a claim. This protection ensures that children aren’t denied justice simply because adults failed to act on their behalf during their minority.

Despite these extensions for minors, families should never delay consulting a Hamilton wrongful death lawyer. Critical evidence disappears quickly—witnesses move away, memories fade, physical evidence gets lost, and insurance companies begin building their defenses immediately. Early legal involvement allows your lawyer to preserve evidence, identify all potential defendants, and ensure that every eligible family member’s claim is properly protected. While the law provides time, the practical reality is that stronger cases are built when families act promptly, even amid their grief.

Who Can Bring a Wrongful Death Claim After a Motorcycle Accident?

Ontario’s Family Law Act, s. 61 specifies which family members may sue after a motorcycle accident. Eligible claimants include:

• Surviving spouse (including unmarried partners who meet the FLA definition)
• Children
• Grandchildren
• Parents
• Grandparents
• Siblings

These family members can seek financial compensation for both economic and non-economic losses arising from the death.

How to Find a Wrongful Death Motorcycle Accident Lawyer Near You

When tragedy strikes and a family loses a loved one in a motorcycle accident, the last thing they want to think about is navigating the legal system. Yet finding the right wrongful death lawyer becomes one of the most important decisions a grieving family will make. The attorney they choose will shoulder the burden of fighting for justice while the family focuses on healing.

Most families begin their search in the immediate aftermath of loss, often feeling overwhelmed and uncertain where to turn. The process of finding qualified legal representation typically unfolds through several interconnected pathways, each offering valuable insights into potential lawyers.

Starting With Personal Referrals

Many families first reach out to people they trust. A friend who went through a similar experience, a family member who once needed a personal injury lawyer, or a colleague who knows someone—these personal connections often provide the most meaningful recommendations. When someone shares their firsthand experience with a lawyer who treated them with compassion, communicated clearly, and achieved a favorable outcome, that endorsement carries significant weight.

Families also contact other professionals they know and trust. Their family doctor, accountant, or business lawyer may not handle wrongful death cases, but they often know reputable colleagues who do. These professional referrals come with an added layer of credibility because lawyers stake their reputations on the attorneys they recommend.

Turning to Online Research

Today’s families inevitably turn to the internet to research their options. They open Google and type searches like “wrongful death motorcycle accident lawyer near me” or “Hamilton motorcycle accident attorney.” The lawyers who appear in these search results have typically invested in making themselves visible to families in crisis.

As families click through websites, they look for signs of genuine expertise. They want to see specific experience with motorcycle accidents, a track record of wrongful death cases, and evidence that the lawyer understands the unique challenges these cases present. A well-crafted website tells them whether a lawyer has handled cases like theirs and whether the firm has the resources to take on insurance companies and their legal teams.

Weighing Google Reviews and Online Testimonials

Before making contact, most families scrutinize Google reviews and client testimonials. They read about other families’ experiences—not just whether the lawyer won, but how the lawyer treated clients during the most difficult period of their lives. Did the attorney return phone calls promptly? Did they explain the legal process in terms the family could understand? Did they show genuine compassion?

Smart families look for patterns in reviews rather than focusing on any single comment. They notice when multiple reviewers mention the same strengths: clear communication, aggressive representation, compassionate service. They also pay attention to how lawyers respond to negative reviews, which reveals character and professionalism.

Exploring Traditional Advertising

Traditional advertising still influences how families find lawyers. Billboards along major highways, television commercials during evening news, and ads in local publications keep certain law firms top of mind. When someone needs a wrongful death lawyer, they often remember the names they’ve seen repeatedly in their community.

Radio advertisements during morning and evening commutes reach people during vulnerable moments—perhaps when they’re thinking about a recent loss or worrying about a family member’s accident. These ads work because they plant seeds, making certain names familiar when the need for legal help arises.

Meet Multiple Hamilton Wrongful Death Motorcycle Accident Lawyers

We would suggest that you schedule consultations with several Hamilton lawyers to compare approaches, personalities, and fee structures. During these meetings, they ask pointed questions: How many wrongful death motorcycle cases have you handled? What results have you achieved? How will you communicate with me throughout the process? What expenses should I expect?

These consultations reveal whether a lawyer truly listens, whether they explain complex legal concepts clearly, and whether their personality meshes with the family’s needs. Some families need an aggressive fighter who will take every case to trial. Others prefer a skilled negotiator who can secure a fair settlement without prolonged litigation.

Understanding Contingency Fee Arrangements

As families research lawyers, they learn that most wrongful death attorneys work on contingency—meaning the lawyer only gets paid if they recover compensation. This arrangement removes financial barriers, allowing grieving families to access experienced legal representation regardless of their current financial situation.

Families compare contingency fee percentages and ask about additional costs like expert witness fees, court filing costs, and medical record expenses. The best lawyers explain their fee structure transparently during the initial consultation, ensuring families understand exactly what to expect.

Making the Final Decision

Ultimately, families choose a wrongful death lawyer based on a combination of factors: proven experience with motorcycle accident cases, a track record of significant recoveries, strong client reviews, clear communication, genuine compassion, and a fee arrangement they can manage. They select an attorney who makes them feel heard, understood, and confident that someone capable is fighting for justice on their behalf.

The search for the right Hamilton wrongful death motorcycle accident lawyer requires time and effort during an impossibly difficult period. But families who invest in this process—who seek referrals, research thoroughly, read reviews, and meet with multiple candidates—position themselves to find an advocate who will honor their loved one’s memory by holding the responsible parties accountable.

Compensation in a Motorcycle Death Case

If your loved one was either the breadwinner or a contributor to shared family expenses, the surviving family members may have financial struggles ahead. You may have many questions, such as –  how will I pay the mortgage? How will I pay for kid’s activities? How will I pay for the funeral? How do I obtain justice and punish the driver that caused my loved one’s death?

When you file a wrongful death suit in Ontario, you can claim economic and non-economic damages.

• Non-Economic Damages: from a non-economic damages perspective, family members, including spouses, children, grandchildren, parents, grandparents, brothers and sisters of the motorcycle accident victim, can be awarded damages pursuant to a wrongful death claim under the Family Law Act. This compensation is called the “loss of care guidance and companionship.” The loss is evaluated and assessed as a loss of the care, guidance and companionship from the deceased to his or her family members. This type of award in Ontario is typically quite conventional and is approached by our courts on a case-by-case basis.
  
• Economic damages: economic damages are damages that can be evaluated and calculated rather than assessed in comparison to other cases.
  
• Shared Family Income: spouses of loved ones are entitled to claim future loss of shared family income. This is the loss that the survivors experience due to the loss of the victim’s contribution to the net family income over their lives. There could be numerous aspects to evaluating this loss, especially if surviving kids are involved.  We need to bring the deceased future loss of income back to life in some manner. The deceased’s projected future income needs to be evaluated and projected – and to do this, we often hire vocational experts to determine your loved one’s career direction and what he or she may have earned throughout his or her life. The economic loss of children in relation to the dependency of a lost parent is more easily calculated. Certain assumptions will always be made that address what a dependent may have been entitled to until 18.
  
• Housekeeping Services: Where appropriate, a court may award economic damages for past and future loss of housekeeping services. This is the value of household or handyman services that your loved one would have contributed to the home before his or her death.
  
• Loss of income for survivors:  You, as the surviving spouse, may have a direct loss of income as a result of the terrible grief you may be experiencing. Oftentimes, unexpected deaths that occur in motorcycle accidents cause surviving spouses to suffer psychological damage that can be temporary or long-term and cause them to be off work.
  
• Loss of Benefits:  Did your loved one have benefits at work before he or she died? In some cases, a person’s death may end medical, dental and drug coverage benefits for survivors. These benefits could be claimed without any dependency reductions.
  
• Childcare services: child care may also be claimed in certain circumstances. Children can be compensated for the value of the loss of childcare services that would have been provided by the deceased had he or she survived. These awards are not dependent upon the likelihood of replacement costs being incurred. Instead, the award is an attempt to monetize the value of the deceased contribution to the household. Determining how much time your spouse spends with the family is important.
  
• Future Care: In certain circumstances, future care may be claimed. The premise may be that the loss of a child, depending on the family’s social, economic, and religious background, may create a loss if it was expected that the child would provide assistance to his or her elderly parents in their later years. The issue of care given to an elderly parent is very real and can be associated with cultural, ethnic, and societal elements.
  
• Loss of Inheritance: There may be a loss of inheritance claim to be made. Children may be able to show that if not for their parents’ premature death, they would have built up a larger estate, which would have been available to the beneficiaries, and therefore, the beneficiaries would have been deprived of the benefit of this increase in the estate.
  
• Management Fees: Management fees may be claimed for lump sum awards for future economic losses.

The above is not an exhaustive list of what may be claimed in a wrongful death lawsuit. Each claim depends on the facts and circumstances surrounding the deceased and his or her family.

Common Causes of Motorcycle Accident Deaths in Hamilton, Ontario

Motorcycle riders face unique vulnerabilities on Hamilton’s roads, and understanding the most common causes of fatal crashes reveals why these accidents are so devastating. The following factors contribute to the majority of motorcycle deaths in our community:

Distracted Driving

Despite aggressive provincial campaigns against distracted driving, inattentive motorists remain one of the leading killers of motorcycle riders. Drivers who text, talk on their phones, eat, adjust their radios, or program navigation systems while behind the wheel often fail to see motorcyclists until it’s too late. These distractions are particularly deadly because they combine manual, visual, and cognitive impairments—meaning drivers aren’t just looking away from the road, they’re mentally disengaged from the act of driving itself. What takes a driver’s eyes off the road for just two or three seconds can mean a motorcyclist never makes it home.

Left-Turn Collisions

Left-hand turn accidents account for a disproportionate number of motorcycle fatalities in Ontario. These crashes typically occur when a driver turning left at an intersection fails to see or misjudges an oncoming motorcycle traveling straight through. Under Ontario law, drivers making left turns must yield to all oncoming traffic and ensure the intersection is clear before completing their turn. Yet countless motorcyclists die each year because drivers either don’t look carefully enough or mistakenly believe they have time to complete the turn before the motorcycle arrives.

Rear-End Collisions

Motorcyclists struck from behind often have no chance to avoid the collision or protect themselves. These accidents frequently occur when drivers follow too closely, speed, or fail to notice that traffic ahead has slowed or stopped. The force of a rear-end impact can throw a rider from their motorcycle into oncoming traffic or cause catastrophic injuries even at relatively low speeds.

Speed Misjudgment

Because motorcycles are smaller than other vehicles and can accelerate quickly, drivers often misjudge how fast a motorcycle is traveling or how close it actually is. This miscalculation leads drivers to pull out in front of motorcycles, change lanes into their path, or make turns when it’s not actually safe to do so. By the time the driver realizes their error, the motorcyclist has no time or space to avoid the collision.

Impaired Driving

Alcohol and drugs devastate a driver’s ability to operate a vehicle safely. Impairment slows reaction times, reduces peripheral vision, impairs judgment, and creates overconfidence—a deadly combination when motorcycles are on the road. Impaired drivers are less likely to see motorcyclists, less able to react when they do, and more likely to make aggressive or reckless decisions that put riders at fatal risk.

Road Hazards and Dangerous Conditions

What might be a minor inconvenience for a car can be a death sentence for a motorcyclist. Potholes, crumbling pavement, debris left by construction crews, uneven road surfaces, and poorly maintained roadways can cause riders to lose control of their motorcycles. When municipalities or contractors fail to maintain safe road conditions or properly warn of hazards, they may bear responsibility when these conditions contribute to a rider’s death.ore less likely to be seen, particularly at certain speeds. Many motorcycle accidents are caused by motorists failing to predict the proper presence of motorcycle riders in their vicinity due to the misjudgment of their speed.

Our Hamilton Wrongful Death Lawyers Understand your Grief.

Coping with the unexpected loss of a loved one no doubt causes intense emotional and disruptive life upheaval for surviving family members. We understand that although discussing a wrongful death claim can be very difficult and perhaps not at the top of your priority list during this emotionally devastating time – it is important to get a wrongful death lawyer involved in the case as early as possible.

We understand your grief and work behind the scenes while taking over all communication with insurance companies related to your case so you don’t have to.

It’s important that we move quickly to preserve evidence, obtain witness statements, ensure proper notice is given to all negligent drivers involved, work with accident reconstructionists, determine all possible claims to be made in the case, and ensure your financial future and the financial future of your family is protected.

We understand that even simple decisions can feel overwhelming or impossible during this time – but please feel assured knowing that your Lalande Personal Injury Lawyer can handle all necessary matters for you and your family. While no amount of money can make up for your loss, we will fight to obtain the most compensation we can to assist you with your expenses and financial losses resulting from your loved one’s passing.

Contact our Wrongful Death Motorcycle Accident Lawyers Today.

At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.

Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.

Motorcycle Accident Fatality FAQ