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Snowmobile and ATV Accident Lawyers
The lure of exploring the great outdoors is strong in Ontario. The province’s natural beauty and extensive trail network appeal to people who are looking for places to experience off-road vehicle adventures.
Part of the thrill of operating snowmobiles and all-terrain vehicles (ATVs) is the hint of danger that comes with riding them. While the basic design of these vehicles poses some inherent risks for riders, these dangers are magnified when riders encounter hazards or treacherous conditions off-road.
Unfortunately, serious accidents involving snowmobiles and ATVs are very common. Recent statistics suggest that there are more than 10,000 hospital visits and more than 1,200 admissions each year due to injuries from these vehicles. Young riders are disproportionately likely to be involved in injury-causing accidents. Sadly, deaths from these accidents also appear to be on the rise.
If you or a loved one has been injured in an accident involving a snowmobile or ATV, you may be eligible to claim accident benefits. If another person’s negligence caused or contributed to the accident, you may also be able to file a tort claim for damages and receive the compensation you deserve.
The snowmobile and ATV accidents team at Gluckstein Lawyers have the experience, knowledge and skill to help you with these challenging cases.
What is considered a snowmobile or ATV?
Defining terms.
According to the Off-Road Vehicles Act, an off-road vehicle is one that is “propelled or driven otherwise than by muscular power or wind and designed to travel on not more than three wheels, or on more than three wheels and being of a prescribed class of vehicle.” Examples of off-road vehicles include:
- Single-rider all-terrain vehicles (ATVs).
- Two-up all-terrain vehicles (ATVs).
- Side-by-side off-road vehicles (ORVs)
- Utility terrain vehicles (UTVs).
Snowmobiles fall under the definition of vehicles in the Motorized Snow Vehicles Act. In this law, a “motorized snow vehicle” means a self-propelled vehicle designed to be driven primarily on snow.
ATVs and snowmobiles can weigh in excess of 600 pounds and travel at speeds over 90-100 km per hour. Although these types of vehicles are generally designed for and used for off-road riding, they may cross certain public roads and travel on these roads under certain circumstances (usually on the shoulder unless it is unsafe or impassable).
Rules of the (off-) road.
To operate an ATV and similar vehicles off road, the driver must:
- Be at least 12 years of age unless directly supervised by an adult.
- Be at least 16 years of age and hold a valid driver’s licence to cross a highway
- Wear an approved helmet
- Carry a copy of the vehicle’s registration.
The vehicle must be insured, registered and have a valid licence plate unless it is driven in an exempt area such as the far north of the province.
To operate these vehicles on road, the driver must:
- Be at least 16 years of age and have a valid driver’s licence.
- Not have any passengers younger than 8 years of age.
- Carry a copy of the vehicle’s registration
- Wear an approved helmet and ensure all passengers wear approved helmets.
- Remain in the seated position with a seat-belt.
- Ensure a passenger on a two-up ATV is able to reach and use the footrests.
- Obey modified posted speed limits. In areas where the posted speed is a maximum of up to 50km/h, the ATV can travel at 20km/h max. In areas where the posted speed limit is more than 50km/h, the driver must not go any faster than 50km/h.
To be driven on road, an ATV must be:
- Registered.
- Have a rear-facing licence plate.
- Have valid insurance.
- Not exceed the manufacturer’s weight requirements.
- Drive the same direction as traffic on the shoulder of the road unless the shoulder is impassable.
ATVs cannot be driven on 400 series highways, the Queen Elizabeth Way, and some sections of the Trans Canada Highway. Municipalities may enact bylaws which restrict use of ATVs.
If the ATV is driven on the owner’s private property, it is exempt from the auto insurance, age and helmet requirements - though supervising youth and wearing helmets are strongly advised.
Road rules for snowmobiles are similar, but driving on highways (outside of direct crossing and some other specific situations) is more restricted. When travelling along public roads, drivers must stay as far away from the road as possible in between the road and the fence line. Complete rules are available from the Ministry of Transportation.
Common ATV and snowmobile accidents and injuries.
According to reporting by Public Health Ontario, there are several risk factors that are associated with ATV and snowmobile accidents:
- Young age.
- Male gender.
- Having multiple passengers.
- Driving age-inappropriate vehicles (mostly young riders on vehicles designed for adults)
- Engaging in risky behaviours (driving while intoxicated, doing tricks and jumps, driving at night, speeding)
- Lack of protective equipment (particularly not wearing a helmet).
Studies have found that the most common way riders and passengers of off-road vehicles are injured is ejection from the vehicle. Rolling or tipping accidents are also very common for ATVs, while snowmobile accidents are often caused by crashing into a fixed object.
Upper body fractures are the most frequent injuries prompting emergency-room visits, while lower body and trunk fractures were the most common injury for hospitalizations.
Staying safe.
Although the risks involved with off-road vehicle riding cannot be eliminated completely, you can significantly reduce the chances that you or a loved one will be involved in an accident or injured by following certain precautions:
- Take ATV/snowmobile safety courses prior to riding.
- Keep your vehicles in good repair.
- Carefully monitor weather conditions to avoid unsafe surfaces (such as thin ice or mud patches).
- Always supervise young riders and ensure they are driving appropriately-sized vehicles.
- If you are an inexperienced driver, stay on well-maintained trails at slow speeds.
- Always wear a helmet and other safety gear to protect your body.
- Ensure you have an appropriate amount of time and space from other vehicles when crossing roads.
- Ride in groups to ensure another person can help an injured rider or call for help if they are incapacitated.
Claims and liability.
Unfortunately, when ATV and snowmobile accidents do occur, they frequently result in serious and often life-changing injuries and/or disabilities. If you or a loved one have been injured in one of these accidents, you may be able to receive accident benefits and/or compensation for your losses.
Anyone involved in a motor vehicle accident in Ontario, regardless of whether they are at fault, may be eligible to claim funds under Statutory Accident Benefits Schedule, also known as ("SABS"), from either their own motor vehicle insurance policy, another driver’s policy, or from Ontario’s Motor Vehicle Accidents Claim Fund if no one involved carried insurance.
SABS benefits cover medical and rehabilitation expenses, attendant care costs, income replacement, caregiver and housekeeping expenses and provide death and funeral benefits. Private health insurance company policies or employer-funded policies may also be drawn upon for these types of expenses.
If you were not at fault for the accident, or only partially at fault, you may also be able to file a tort claim for damages from a negligent person. These claims can help you not only recoup calculable costs related to the injury, but provide you with a sum recognizing the incalculable cost of your pain, suffering and loss of enjoyment of life.
It is important to note that the “owner” of an off-road vehicle is also jointly and severally liable for damages for injury or damages arising out of the operation by the driver of the vehicle, if the driver had the consent of the owner to operate the vehicle.
We can help.
Contemplating life after a serious ATV or snowmobile accident can be overwhelming. You should know that you are not in this alone. The ATV and snowmobile accidents team at Gluckstein Lawyers is ready to offer advice and support as you determine what you need to help with your rehabilitation and recovery.
When you contact a member of our team, we will listen with empathy, educate you about your rights and options, and explain how we can help if you pursue a claim for benefits or compensation. As one of Canada’s top personal injury law firms, we have the experience, knowledge and skill to take on these types of cases. Known for our fierce advocacy for our clients and our commitment to compassionate, full-circle care, you can be assured that you will be in good hands when you choose us.
At one of the most difficult times in your life, trust our ATV and snowmobile accident team at Gluckstein Lawyers in Toronto, Ottawa, Niagara, and Barrie to help you get what you deserve and to support as you seek closure and work towards living your best life possible.
Related Expertise.
Snowmobile & ATV Accidents FAQs.
- Why is it important to receive a catastrophic designation?
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Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.
A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.
Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.
Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.
Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.
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- What is considered to be a catastrophic injury?
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A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.
Some examples of catastrophic injuries according to SABS criteria include:- A severe brain injury;
- Loss of a limb;
- Extreme loss of vision; and
- Paralysis, among other injuries.
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- What are some steps you should take if you've had an ATV or snowmobile accident?
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Always seek medical attention, even if your injury appears minor. It is important to rule out serious unseen complications such as brain injury or internal bleeding. If you are able, collect the contact information of anyone else involved in or witness to the accident and take photos of the scene of the accident.
Contact an ATV or snowmobile accident lawyer to learn about your rights and options. If applicable, contact your insurer or the insurer of the driver to begin a claim for Statutory Accident Benefits, other private insurance you hold, or file a claim for damages against an at-fault party.
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- What are some signs and symptoms of severe head trauma?
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Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:
- Headaches;
- Confusion;
- Lightheadedness;
- Full or partial paralysis;
- Dizziness;
- Blurred vision or tired eyes;
- Ringing in the ears;
- Bad taste in the mouth;
- Fatigue or lethargy;
- Changes in sleep patterns;
- Behavioural or mood changes;
- Trouble with memory, concentration, attention, or thinking;
- Repeated vomiting or nausea;
- Convulsions or seizures;
- Inability to awaken from sleep;
- Dilation of one or both pupils of the eyes;
- Slurred speech;
- Weakness or numbness in the extremities;
- Loss of coordination;
- Increased restlessness or agitation.
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- Headaches;
- What is the second thing I do if I sustained a traumatic brain injury?
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If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.
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- What is the first thing I should I do if I sustained a serious blow to the head during an accident?
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Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.
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- What are the time limits on filing a catastrophic injury claim?
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In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.
In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.
If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.
For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.
While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.
In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.
Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.
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- Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?
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It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.
Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.
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- What benefits can I access if my injury is deemed catastrophic?
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If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.
Here are some of the benefits you may be able to access:
- Enhanced Medical Benefits.
- Income Replacement.
- Attendant Care Services.
- Housekeeping and Home Maintenance Benefits.
- Rehabilitation Services.
- Transportation Expenses.
- Case Management Services.
- Home Modifications.
- Future Care Costs.
- Legal and Advocacy Support.
By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.
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Snowmobile & ATV Accidents Legal Team.
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