Please note that as of September 26, Lamont Law has moved to a new office location at 44 Charlton Avenue West Hamilton, ON L8P 2C1

ATV Accidents

One minute, you are out having the time of your life on your ATV. The next, you end up in an accident.

In recent years, ATV and Snowmobile accidents have increased significantly. More specifically, there has been an increase in young adults and even children being injured in these types of accidents. Even though it is a government-mandated requirement to wear helmets while operating these types of vehicles, we are still seeing a large number of head injuries, spinal cord injuries and brain injuries in Ontario.

Since ATVs and Snowmobiles are considered motor vehicles, you have access to the same benefits through your car insurance policy. However, off-road accidents are not as straightforward as a car accident. There are no signal lights, you are not bound by separator lines, off-road vehicles typically don’t have air bags installed and therefore, it can be quite complex during the claim process.

Individuals that can file a lawsuit in a wrongful or accidental death are:

  • Inexperienced Drivers
  • Forms of premises liability such as hidden hazards, falling through ice, poorly maintained trails, etc
  • Use of alcohol or drugs
  • Defective part(s)
  • Negligent operation and/or reckless driving

Understanding who is responsible for an ATV or snowmobile accident is paramount when pursuing compensation for injuries. If you are unsure who is at fault, it is best to contact an experienced personal injury lawyer who can evaluate the case and help determine liability.

Accident Benefits Following An ATV Accident

All-Terrain Vehicles (ATVs), dirt bike or snowmobile accidents can be devastating.
ATV accidents can lead to life altering injuries, such as:

  • Brain injuries
  • Spinal cord injuries
  • Fractures or amputation
  • Degloving injuries
  • Internal bleeding
  • Soft tissue injuries that can result in chronic pain
  • Significant psychological injuries

Types of Accident Benefits:

Attendant Care Benefits
Attendant care benefits can be reimbursed to cover someone who looked after you in your home or even within a healthcare facility. A standard insurance policy in Ontario offers a maximum amount of up to $3000 a month to a victim for non-catastrophic injuries (such as broken bones) sustained in an accident. If the injuries are deemed catastrophic (such as a spinal cord injury), a victim can be eligible for up to $6000 a month.

Caregiver Benefits
Caregiver benefits are available to victims who have suffered a serious injury (Catastrophic injury) or may be in need of end-of-life care. This reimbursement is given to help care for the dependents of the victim. Standard coverage can be up to $250 per week for the first dependent and then $50 a week for any additional dependents.

Income Replacement Benefits (IRB)
Income replacement Benefits (IRB) are payments made to an individual who has been involved in an accident and is no longer able to work as a result of the accident. A victim can receive 70% of their gross weekly income up to a maximum of $400 per week. The exact amount will be based on the individual’s employment history prior to the accident.

IRB benefits can last up to 104 weeks or 2 years following the date of the accident. After the 2-year period, a victim may still be eligible, however, it can be more difficult and will be based on an individual’s inability to continue to work after the crash.

Housekeeping Expenses
Housekeeping benefits are available for victims in Ontario that have suffered catastrophic injuries or to those who have purchased optional benefits. Individuals who have suffered catastrophic injuries may struggle to return back to their pre-accident normal and may have difficulty completing simple tasks at home. The maximum amount of housekeeping benefits one may receive for home care services is $100 per week for life.

Contact an ATV & Snowmobile Accident Lawyer at Lamont Law

The ATV and Snowmobile Accident Lawyers at Lamont Law will advocate on your behalf and conduct a thorough investigation to ensure that we identify the party(ies) responsible for the accident. Our priority is to ensure that you have the ability to focus on your recovery, while we focus on building a case to get you the compensation you deserve. Contact us today and speak with an ATV or Snowmobile Accident Lawyer for a free consultation!