ATV Accident Lawyers Cochrane
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Each year, thousands of people across the province are injured in accidents involving all-terrain vehicles (ATVs). In fact, on an annual basis, ATV accidents are responsible for approximately 6000 emergency room visits throughout the province. These traumatic events are also responsible for an average of 15 fatalities across Alberta annually.
ATV riders must have a combination of experience, skill, and an abundance of caution in order to operate their off-highway vehicles safely. Many ATV accidents are single-rider events, occurring when operators accidentally roll over their vehicles, collide with a stationary object, or are forcibly ejected from their driver seat. Exercising caution and abiding by the rules governing these vehicles’ lawful operation could help avoid these single-rider accidents.
Unfortunately, the most experienced and cautious ATV riders can be injured by negligent off-highway vehicle operators. Riding an off-highway vehicle in a reckless, careless or otherwise negligent manner is a violation of Alberta’s Traffic Safety Act. ATV riders owe a duty of care to other off-highway vehicle operators and trail-users they may encounter on their expedition. If they disregard the duty of care they are required by law to uphold and engage in wrongful conduct while operating their off-highway vehicles, serious or fatal accidents can occur.
Common examples of ATV rider negligence that could lead to an injury-causing collision include:
- Riding under the influence of alcohol and/or drugs
- Speeding
- Carrying passengers on single-rider vehicles
- Riding an ATV inappropriate for the operator’s age, weight, and experience level
- Straying from trails
- Operating the off-highway vehicle on highways
- Failing to use headlights while riding at night
- And more
When friends set out for a leisurely ride on their quads together, when families set out into the wilderness for a walk through nature trails, they do not imagine that their experience will end in tragedy. However, because of someone else’s refusal to uphold the duty of care they are required to provide by law, these innocent, unsuspecting accident victims could face lifelong physical, psychological, and economic hardships.
The consequences of an ATV accident caused by a negligent party can be all-encompassing, impacting an injured accident survivor’s physical health, psychological well-being, and financial stability. Being injured in a collision caused by a fast-moving, motorized vehicle can lead to substantial challenges that upend a person’s entire life.
If you were injured in a collision, our Cochrane ATV accident lawyers may be able to fight on your behalf to help you recover the compensation you deserve. By working with our ATV accident lawyers serving Cochrane, you may be able to pursue a civil claim against the negligent off-highway vehicle operator in order to receive a fair settlement. To take advantage of a free initial consultation with our Cochrane ATV accident lawyers, contact us today.
Book Your Free Initial Consultation
Our ATV accident lawyers serving Cochrane do our best to limit financial barriers to accessing our legal services. In addition to offering all prospective clients a free initial consultation, our Cochrane ATV accident lawyers work on a contingency-fee basis. That means, if you are eligible to pursue a claim, you will not be required to pay for our services unless we win your case. To learn more about working with our ATV accident lawyers serving Cochrane, book your free initial consultation today.
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Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.
Commonly Asked ATV accident Questions
Here are our most asked questions on ATV accident claims.
What are some common causes of ATV accidents?
Driving in a dangerous manner is the most common cause of ATV accidents. While there are fewer motorists on trails than on the roads, the terrain is less consistent and more dangerous. Further, drinking and driving on ATVs is also common and may lead to accidents.
What type of injuries can arise from an ATV accident?
ATV accidents often lead to serious injuries. These vehicles offer less protection and can lead to broken bones, concussions, and soft tissue injuries.
Who can sue for an ATV accident?
If you are injured as a passenger, you likely have a valid claim against the driver. If two ATVs collide, either or both drivers may have a good claim.
What should I do if I am in an ATV accident?
Take photographs of the condition and location of the ATV right after the accident. Seek medical attention and follow their advice. Contact a lawyer.
What evidence is required to support an ATV accident claim?
Photographs at the scene and your statement of the circumstances of the accident are central to who is at fault for the accident. Medical records, employment records, and tax records assist in outlining the value of the claim.
How is liability determined in an ATV accident claim?
Liability is determined by assessing the evidence and determining the circumstances of the accident. Once the facts are determined, the roles of each party and their actions will be assessed based on what would have been reasonable in the circumstances. It is possible that multiple parties are partially responsible for one accident.
How can a personal injury lawyer help me with an ATV accident claim?
Lawyers can help gather evidence, analyze faults, tell your story, and navigate the court system. For serious claims, the action should be brought in the Court of the King’s Bench. It is advisable to have counsel to take the appropriate steps in civil procedure.
What kind of compensation is available for an ATV accident?
Compensation depends on your injuries and the impact on your life. The typical heads of damage for ATV accident claims include:
- Pain and suffering;
- Past wage loss;
- Future wage loss;
- Out-of-pocket expenses; and
- Expected future care.
Is there a time limit to file an ATV accident claim?
Generally, you have two years to sue for an ATV accident.
Does the amount of gear I wear impact the compensation I can claim?
Yes. The most important element of equipment is your helmet. Courts have found that if you do not wear a helmet and you sustain a head injury, you will likely receive less money.
What factors will impact the success of my ATV accident claim?
Whether the driver has insurance will impact how your claim will progress and your ability to recover damages. Securing evidence about the accident and injuries is key to having a successful ATV.
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