See all posts by Diamond and Diamond Lawyers
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.”
| Common Forms of Driver Negligence in Left-Turn Accidents |
| Failure to Yield Right-of-Way: The most direct form of negligence, where a driver turns into the path of an oncoming vehicle that has the right-of-way. |
| Misjudging Speed and Distance: Turning because they incorrectly assumed they had enough time, failing to account for the motorcycle’s actual speed. |
| Distracted Driving: Looking at a phone, adjusting the radio, or being otherwise inattentive for even a split second can lead to a failure to see an approaching rider. |
| Inadequate Surveillance: A quick glance is not enough. Drivers are expected to take a second look specifically for smaller road users like motorcyclists and cyclists. |
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.
