ATV Accident Lawyers Canmore
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Speak with our Canmore ATV accident lawyers and get legal answers to your ATV accident questions.
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Regardless of skill level, people who ride quads, dirt-bikes, and other all-terrain vehicles (ATVs) could lose their lives in unexpected, fatal accidents. Additionally, novices and experienced riders alike could be among the approximately 6000 off-highway vehicle operators hospitalized each year throughout the province as a result of injuries they sustain in ATV accidents.
Riding ATVs has never been more popular. In recent years, sales of dirt-bikes, quads, and other all-terrain vehicles (ATVs) have seen a marked increase throughout the country. However, this recreational pastime is a distinctly Albertan activity. Even though residents of this province account for only 12% of the national population, nearly a quarter of the country’s off-highway vehicles are owned by Albertans. While most ATV riders in the province exercise an abundance of caution on their excursions, sadly, many of them do not.
Off-highway vehicle operators owe a duty of care to other ATV riders and trail-users. Failing to uphold this duty of care by engaging in reckless, careless, or otherwise unsafe actions could be considered negligence. The wrongful actions of a negligent ATV rider can lead to a collision that ends the life of an unsuspecting trail-user or seriously injures another community member.
Common forms of negligence that often cause ATV accidents 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
If an ATV rider’s negligence leads to an accident in which another party is injured, the victim’s injury-related costs should be covered by the at-fault driver’s insurance policy. That said, insurance companies do not always make it easy for injured ATV accident survivors to get the compensation they are fairly owed. They might contest an accident victim’s claim, offer unfairly low settlement amounts, and even try to blame the injured accident survivor for the collision.
If it can be proven that the at-fault ATV rider’s negligence was responsible for the injury-causing collision, they may be responsible for compensating the person or persons who were injured as a result of their wrongful conduct. By taking advantage of a cost-free, no-obligation first meeting with our Canmore ATV accident lawyers, you will have the opportunity to review the circumstances of your collision and learn about options for financial recovery that might be available to you.
To learn more about working with our ATV accident lawyers serving Canmore, contact us today and book your cost-free, no-obligation initial consultation.
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After being involved in an injury-causing accident, it can be difficult to know where to turn for assistance. That is why, if you were injured by a negligent off-highway vehicle rider and would like to learn more about options you might be entitled to pursue, you can take advantage of personalized legal advice during a cost-free, no-obligation first meeting with Preszler Injury Lawyers.
Contact our Canmore ATV accident lawyers today and receive a free initial consultation on your case. We are standing by to take your call.
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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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