ATV Accident Claims
The All-Terrain Vehicles (ATVs) have become an essential thing in Canada today, both for business or leisure. They are vital in huge farms and ranches as one mode of transportations. However, it is popularly utilize mainly for recreation. They are suitable for Canada’s challenging terrain & that can add up to some exhilarating fun!
Nevertheless, accidents involving ATVs are also increasing along with its popularity. The reported figure on ATV injuries went beyond the number of accidents involving automobiles and water-base crafts. Hence, the swelling sum of ATV accident claims in the country today.
The growth of ATV injuries corresponds to the high quantity of ownership. Most injuries are affecting the youth ages 15 years and younger. This vehicle is unsafe if driven incorrectly. There are cases of deaths, as well, involving the improper use of ATVs.
To be able to qualify for ATV accident claims, the operators must comply with the requirements set by law. It is difficult to avail compensation once you’re operating ATVs without abiding the requirements. Here they are:
Requirements for On-Road ATV Operators
For the Drivers
The minimum age is set at 16 years old and must be a bearer of G2, or M2 license. The driver must also wear a helmet duly approved by regulations for motorcycle drivers. Below are additional criteria:
- If seatbelt is available, the driver must wear it;
- Obey the speed limit. For 50 km/h or less posted speed limit, the driving speed must not go beyond 20 km/h. He must not exceed 50 km/h, as well, for posted speed limit of more than 50 km/h;
- He must drive in similar direction like the traffic;
- Must traverse in the shoulder part of road, except when it is impassable and dangerous; and
- Must keep vehicle’s lights on (headlight and tail lights).
If you have a passenger on board, here are the requirements:
- Must be 18 years old or older;
- Utilize the footrests and use seatbelts (if available);
- Must wear an approved helmet with chin strap securely fastened.
Moreover, the industry of ATV in Canada recommends safety measures. Those children aged 16 and under must journey with ATVs having smaller engines. It is due to the fact that this type of vehicle is not safe for kids.
The most common causes of ATV accidents and injuries are:
- Failure or absence of protective gears, like helmet.
- Colliding with approaching traffic on trails or on the road.
- The driver is intoxicated, or driving under the influence of alcohol or drugs.
- Unmaintained or poorly maintained roads.
- Manufacturer or builder’s defect.
Accident victims resulting from the use of off-road vehicles are eligible to claim compensation with their respective insurance companies. Filing a lawsuit against the responsible individual is also possible. Consequently, the sum of compensation that you can claim will depend on the severity of the damage. It may include the loss of income, hospitalization and rehabilitation costs, and other non-pecuniary benefits.
Generally, the ATV owner is liable for injuries if the driver is not the vehicle owner and there is consent for its utilization. Nevertheless, if the driver or passenger was careless and does not practice reasonable actions, the guilt is on them. This is also true if the driver operated the vehicle without the owner’s consent.
The laws pertaining to off-road vehicles and its utilization are complex. If you wish to file ATV accident claims, it is very necessary to contact a personal injury lawyer to help you with the legalities. The attorney will assist in determining your rights and the compensation you must receive. Personal Injury Lawyers Canada has expertise to secure the maximum benefits for you!