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It’s a scene that plays out on Toronto’s streets every riding season: a motorcyclist is travelling straight through an intersection on a clear day when, suddenly, an oncoming car turns left directly into their path. The result is almost always devastating for the rider. In the aftermath, the driver of the car often utters the same five haunting words: “I didn’t see the motorcycle.”

This isn’t just an anecdote; it’s the single most dangerous scenario for motorcyclists on Canadian roads. While riders face numerous risks, from road hazards to distracted drivers, the left-turning vehicle represents a uniquely lethal threat. Studies show that a staggering 42% of all fatal motorcycle collisions involve a car making a left-hand turn.

The vulnerability of riders is stark. Per kilometre travelled, a motorcyclist is between 24 and 27 times more likely to die in a crash than a person in a car. A University of Toronto study found motorcycle crashes are five times more deadly than car collisions and cause injuries that are ten times more severe. Understanding why the simple act of a left turn is at the heart of so many of these tragedies requires a look into driver psychology and the legal principle of negligence.

The “Looked-But-Failed-to-See” Phenomenon

How can a driver look directly at an approaching motorcycle and still turn into its path? The answer often lies in a cognitive quirk known as “inattentional blindness.” This is a phenomenon where a person fails to perceive an unexpected object in plain sight, simply because their brain is focused on something else.

When driving, the brain is constantly filtering massive amounts of sensory information. It develops mental shortcuts to identify threats, and over time, it becomes conditioned to scan for car- and truck-sized objects. A motorcycle, with its much smaller profile, can be filtered out as irrelevant background information. The driver looks, their eyes register the motorcycle, but their brain fails to “see” it as a vehicle they need to yield to.

This is compounded by other perceptual challenges:

• Difficulty Judging Speed: Drivers frequently miscalculate a motorcycle’s speed and distance. Its smaller size can make it appear farther away and to be travelling slower than it actually is.
• A-Pillar Blind Spots: The pillars on either side of a car’s windshield can perfectly obscure a motorcycle from a driver’s view for a critical few seconds as it approaches an intersection.
• Lack of Visibility: A motorcycle simply takes up less space on the road, making it inherently harder to spot, especially in cluttered urban environments like downtown Toronto.

The Legal Perspective: Why “I Didn’t See Him” is Not a Defence

While inattentional blindness may be a psychological phenomenon, it is not a legal excuse. In Ontario, every driver has a duty of care to operate their vehicle safely and be aware of their surroundings. Failing to see a motorcycle is considered a breach of that duty.

As top personal injury lawyer Jeremy Diamond often advises, “The phrase ‘I didn’t see him’ is heard in far too many motorcycle accident cases. Drivers have a responsibility to be fully aware of their surroundings, and misjudging a motorcycle’s speed or failing to see it at all is a form of negligence.”

In Ontario, the Highway Traffic Act includes a “reverse onus” provision that is often relevant in these cases. In a collision between a motor vehicle and a more vulnerable road user (like a motorcyclist), the legal burden is often on the driver of the car to prove they were not negligent. This can be a powerful tool for an injured rider seeking justice.

How Riders Can Protect Themselves

Given the risks, motorcyclists must adopt a defensive mindset, essentially riding as if they are invisible to other drivers. The Toronto Police Service advises riders to take several key precautions to increase their visibility and safety:

• Be Seen: Wear bright, contrasting, or reflective clothing. Avoid riding in other vehicles’ blind spots.
• Make Eye Contact: Whenever possible, try to make direct eye contact with drivers at intersections to confirm they have seen you before you proceed.
• Assume You Are Invisible: Never assume a driver sees you, especially a driver waiting to make a left turn. Be prepared to brake or take evasive action.
• Use Your Headlight: Keep your headlight on at all times, day and night, to make yourself more conspicuous.
• Cover Your Brakes: When approaching intersections, have your fingers on the brake lever to reduce your reaction time.

Even with every precaution, accidents happen. The injuries in motorcycle crashes are often severe, ranging from road rash and broken bones to catastrophic injuries like traumatic brain injuries and spinal cord damage. If you are involved in a collision, your first priority is to seek immediate medical attention. Then, if possible, document the scene and gather witness information.

Knowing Your Rights, Whatever You Drive

Meticulous preparation significantly reduces your risk, but it can’t eliminate it entirely. Knowing what to do in the aftermath of an incident is the final piece of a truly comprehensive safety plan. If you are involved in a collision, the initial steps you take are critical for your well-being and any potential claim.

The personal injury lawyers at Diamond & Diamond provide a clear, actionable guide for anyone involved in car accidents or motorcycle accidents. The confusion following an accident can lead to unintentional but costly mistakes. Having a trusted resource can provide the clarity and peace of mind you need.

About Jeremy Diamond

Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.

See all posts by Diamond and Diamond Lawyers

Taking the step to explore legal options after experiencing sexual assault or abuse is an act of immense courage. For many survivors in Toronto and across Canada, the path to justice can feel overwhelming, and the thought of navigating the criminal justice system can be daunting. According to data from Canadian police, there are more than 23,000 founded cases of sexual assault in the country every year, and for each of those individuals, the journey of healing is unique.

What many survivors don’t realize is that the criminal system is not the only avenue for accountability. A civil lawsuit offers a fundamentally different path—one that is controlled by the survivor and focused on acknowledging the profound harm they have endured. It is a powerful tool for reclaiming control and finding a voice in the legal system.

Criminal vs. Civil: Understanding the Difference

The most empowering aspect of a civil lawsuit is that the survivor is in the driver’s seat. Unlike in a criminal case, where the survivor is a witness for the state (the “Crown”), a civil case is initiated and controlled entirely by the survivor (the “plaintiff”).   

Sandra Zisckind, a personal injury lawyer in the field, explains, “A civil lawsuit gives power back to the survivor. It’s a process they control, focused on accountability and the profound harm they’ve suffered. It’s about finding their voice in the legal system.”

Here’s a breakdown of the key differences:

A civil claim can be pursued even if criminal charges were never filed, or if a criminal trial resulted in an acquittal. The two systems are completely independent.

Holding Institutions Accountable

A crucial aspect of many civil sexual assault cases is the concept of institutional liability. This means it is not only the individual perpetrator who can be held accountable. Institutions such as schools, sports organizations, spas, religious organizations, or employers have a legal duty to provide a safe environment for those under their care.   

If an institution knew, or should have known, about a risk of abuse and failed to take reasonable steps to prevent it, it can be found negligent and held liable for the harm that occurred. This could include:

• Ignoring complaints or “red flags” about an individual.
• Failing to conduct proper background checks on employees or volunteers.
• Lacking adequate safety policies, training, or supervision.

This is a critical avenue for justice, particularly in cases of abuse in Ontario schools or within sports organizations, where a position of trust was violated.
 

What Can Compensation Cover?

The goal of a civil case is to obtain financial compensation, known as “damages,” to acknowledge the profound and lasting impact of the assault. While no amount of money can undo the harm, it can provide essential resources for healing and rebuilding. Damages in a civil claim can cover a wide range of harms, including:

• Psychological Trauma: Compensation for emotional and psychological harm, such as post-traumatic stress disorder (PTSD), anxiety, and depression, as well as the cost of ongoing therapy and treatment.   
• Loss of Income and Future Earnings: If the trauma has impacted the survivor’s ability to work, complete their education, or pursue their career.
• Physical Injuries: Costs associated with any immediate or long-term physical injuries sustained during the assault.   
• Other Life Impacts: In some cases, damages can cover the devastating consequences of contracting a sexually transmitted disease or an unwanted pregnancy resulting from the assault.   

A Process Built on Safety and Confidentiality

The decision to share your story is a profound one, and concerns about privacy and emotional safety are paramount. The civil legal process is designed to protect you. From the very first conversation with a lawyer, all communications are shielded by solicitor-client privilege, a fundamental legal protection ensuring that everything you share is held in the strictest confidence.   

A trauma-informed legal team will guide you through every step with compassion, moving at a pace that feels comfortable and ensuring you remain in control of all decisions. The goal is to empower you with knowledge and support, making the legal journey a tool for your healing, not a source of further trauma.   

Furthermore, to ensure justice is accessible to everyone, regardless of their financial situation, many personal injury lawyers handle these cases on a contingency fee basis. This means there are no upfront costs or legal fees; the firm is only paid a percentage of the compensation if the case is successful. This model allows survivors to pursue justice without adding financial stress to their journey.   

Knowing Your Rights

Taking the step to explore your legal options after experiencing sexual assault or abuse is an act of immense courage. Knowing what to do in the aftermath of an incident is the final piece of a truly comprehensive safety plan. If you have been harmed, the initial steps you take are critical for your well-being and any potential claim.

The personal injury lawyers at Diamond & Diamond Lawyers provides a clear, actionable guide for anyone involved in sexual assault cases. Having a trusted resource can provide the clarity and peace of mind you need.

About Jeremy Diamond

Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.