ATV Accident Lawyer – Ottawa, Ontario

McNally Gervan is one of the leading law firms in handling serious injury claims arising from ATV and Off-Road Vehicle accidents in Ottawa.

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All-Terrain Vehicle (ATV) Accidents in Ottawa

According to Statistics Canada, an average of 100 fatal all-terrain accidents were recorded across the country every year from 2013 to 2019. Many of these ATV accidents happen due to unpredictable and hazardous terrain, lack of standard road safeguards, and the absence of motor vehicle safety features like seat belts and airbags. All-terrain vehicles are a lot like motorcycles: they can be just as fun and just as dangerous.

The basic requirements for the use of ATVs in Ontario should be well-known but are often ignored:

  • Drivers and passengers must wear approved motorcycle helmets;
  • Riders must have at least a valid G2 or M2 driver’s license to operate on-road and must have a valid driver’s license (i.e. minimum G1) to directly cross a road.
  • All ATVs must also be insured when operated off of the vehicle owner’s private property. As mandated by the Compulsory Automobile Insurance Act.
  • Any ATV being operated on a road must have the same insurance as a passenger car.
  • The same laws regarding impaired operation (drugs or alcohol) apply to ATVs as to cars.

To snowmobile legally in Ontario, you must have:

  • A valid driver’s license
  • Proof of snowmobile ownership
  • Registration complete with current validation tag
  • Insurance
  • Helmets

Were You Involved in an ATV Accident?

Trust in an Experienced ATV Accident Lawyer

The laws relating to the use of ATVs and ATV riders are manifold and may involve the Insurance Act, Off-Road Vehicles Act and the Highway Traffic Act. And when an accident involving an ATV results in serious or even catastrophic injuries, the claims become all the more complex. In those cases, injured accident victims need lawyers who are experienced in dealing with the legal and factual issues that are special in ATV or off-road vehicle claims.

The ATV accident lawyers at McNally Gervan are experienced at helping people who have suffered serious injuries in ATV accidents across Ontario. They have years of experience in managing complex claims and in helping accident victims get access to the insurance and other benefits they are entitled to so that they can get their lives back on track. Compensation for serious ATV accidents often includes damages for pain and suffering, compensation for past and future losses of income, and the recovery of past and ongoing medical and rehabilitation costs.

ATV Accidents – Leading Causes

Speeding: Excessive speed can reduce the rider’s ability to react to sudden obstacles or changes in terrain, causing the ATV to overturn or collide with other objects. It can also increase the severity of injuries sustained in an accident, as the impact forces are greater at higher speeds.
Inexperience: Inexperienced riders who operate ATVs on difficult terrain or in adverse weather conditions may struggle to properly handle their vehicle, which increases the risk of accidents. Inexperience can also lead to poor decision-making, such as taking risks or not knowing how to properly react in an emergency situation.
Impaired driving: Operating an ATV while under the influence of alcohol or drugs is a major cause of accidents. Impaired driving is not only illegal, but it can also impair a rider’s judgment and reaction time, making it more difficult to safely operate an ATV. Riders who operate an ATV under the influence of drugs or alcohol not only put themselves at risk but also endanger the safety of others around them.
Improper passenger transportation: Carrying more passengers than an ATV is designed for can cause the vehicle to become unstable and increase the risk of rollovers. Passengers who do not have their own seats and footrests are also at greater risk of falling off the vehicle during sudden turns or stops, leading to serious injuries. It is important for riders to always follow the manufacturer’s recommendations regarding passenger capacity and ensure that all passengers are properly seated and secured before operating the ATV.
Mechanical failure: ATVs can experience mechanical failures that can cause accidents, especially if regular maintenance is not performed. Regular maintenance is essential for preventing mechanical failures. Neglecting to perform routine maintenance such as checking tire pressure, brake systems, and steering mechanisms can increase the risk of accidents.
Weather and terrain: Adverse weather conditions and challenging terrain can cause accidents, particularly if the rider is inexperienced or operating the ATV at high speeds. Particularly when encountering challenging terrain, including steep inclines, rocky terrain, and uneven ground, inexperienced riders may not know how to navigate these conditions safely, while experienced riders may overestimate their abilities and take unnecessary risks. Additionally, adverse weather conditions such as rain or snow can create slippery and unpredictable conditions that increase the risk of accidents.
Reckless driving: Engaging in reckless driving behavior, such as performing stunts, can lead to accidents.  Reckless driving behavior can also include ignoring safety rules and regulations, such as driving off-trail or not wearing appropriate safety gear. Permitting inexperienced riders and children to operate ATVs creates special risks and responsibilities for the owner of the ATV. These actions can cause serious injury or even death, not just for the rider but also for others nearby.

Call Us For A Free Consultation

The lawyers at McNally Gervan LLP understand the system and are here to help ATV accident victims get the support they need and the benefits they deserve.

ATV and Off-Road Vehicle Accident Articles

ATV Laws are Changing

ATV Laws are Changing

For many years most of ATVs and recreational vehicle operators have not been permitted to use public roads. Starting on July 1, 2015, the province is making changes to permit certain types of vehicles to use the shoulder of public roads and they have implemented...

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Court of Appeal Lays Down the Law on ATVs

Court of Appeal Lays Down the Law on ATVs

The Ontario Court of Appeal has ruled that an ATV is not a farm implement within the meaning of the Compulsory Automobile Insurance Act and therefore has to be insured if used on a public road. A Perth cattle farmer, Arthur Matheson, used his Honda ATV to travel from...

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McNally Gervan Offers Personalized Support

If you have a question or need assistance with an ATV accident case, our team of personal injury lawyers is here to help. We know every personal injury case is unique, particularly when recreational vehicles are involved, and we therefore work hard to ensure that our clients are equipped to handle the ensuing legal process as we fight for the compensation they deserve.