ATV Accident Claims

Despite making up only about 12% of the Canadian population, Alberta residents own nearly a quarter of the country’s all-terrain vehicles (ATVs). Riding dirt-bikes, quads, and other off-highway vehicles is a favourite local pastime, especially during the warmer summer months.

But just like any activity involving a high-speed motor vehicle, ATV riding can be dangerous. Each year in Alberta, ATV accidents are responsible for approximately 6000 emergency room visits. The injuries sustained in these types of accidents can range in severity from moderate to catastrophic.

Unfortunately, fatal ATV accidents are not uncommon occurrences in Alberta. On average, 19 Albertans are killed each year as the result of an accident involving an off-highway vehicle.

Throughout the country, the majority of ATV accident-related fatalities were the product of a single-vehicle incident. ATV operators can lose their lives or sustain serious injuries as the result of vehicle rollovers, collisions with a stationary object, ejections, or other accidents that do not involve other off-highway vehicle operators.

However, many injury-causing off-highway vehicle accidents in Alberta are the result of an encounter with a negligent ATV operator. Because another person fails to take the safety of other riders or trail-users into consideration, innocent lives can be lost and severe, catastrophic injuries can be sustained.

If another rider’s negligence caused you to sustain injuries in an ATV accident, you may be entitled to compensation. To learn more, contact our Legal team and receive a free initial consultation on your case.

How Do ATV Accidents Occur?

According to the province’s Traffic Safety Act, it is illegal for the drivers of off-highway vehicles to operate their ATVs without due care and attention or without reasonable consideration for other people. The careless operation of an ATV is not permitted, nor is the operation of these vehicles on the highway (except in very specific circumstances).

If an ATV operator fails to uphold the duty of care they owe to others, serious accidents can occur. Oftentimes, they do so by engaging in reckless actions that jeopardizes not only their own lives, but the lives of the people around them.

Despite the fact that the Canadian Quad Council advises off-highway vehicle enthusiasts to only ride while sober, more than half of all ATV accidents in Alberta occur after one of the drivers has consumed alcohol. Nationwide, alcohol, cannabis, and the use of other substances is responsible for more than half of all fatal ATV accidents.

Operating an ATV while under the influence of drugs or alcohol can impair judgment and slow reaction times, thus increasing the risk of accidents. Inebriated ATV operators might also be inclined to engage in other forms of careless conduct that could potentially harm another ATV rider or trail-user. These actions include:

  • 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

What to Do After an ATV Accident

After being injured in an ATV accident, time is of the essence. Taking certain actions immediately could help bolster an accident victim’s physical recovery and strengthen their case if they choose to pursue legal action.

If you are involved in an ATC accident in the future, it is important to:

  • Seek medical attention: The first priority after an ATV accident is to seek medical attention. Even if your injuries appear minor or you do not immediately feel their effects, it is important to get a full medical evaluation to ensure there are no hidden injuries that could worsen over time.
  • Contact the police: Alert the police and report your accident. Request a file of the official police report.
  • Gather evidence: If possible, gather evidence at the scene of the accident, including photos of the vehicles involved, the area where the accident occurred, and any visible injuries. Also, take note of the names and contact information of any witnesses who saw the accident happen.
  • Notify insurance companies: Contact your insurance company to report the accident and start the claims process.
  • Contact an Alberta ATV accident lawyer: At Preszler Injury Lawyers, we offer all prospective clients a free initial consultation, during which we can evaluate your case and advise you about legal options that might be available to you.

In Alberta, it is mandatory for off-highway vehicle operators to have ATV liability insurance. If a negligent driver causes an accident in which another person sustains injuries, the at-fault driver’s insurance policy should cover the costs associated with their injuries.

However, insurance companies often dispute the claims of injured ATV accident victims. They may argue that the collision was partially the fault of the injured accident survivor. If an injured ATV accident victim is found to be contributorily negligent, the compensation they are offered may be substantially reduced.

For more than sixty years, Preszler Injury Lawyers have helped the injured victims of ATV accidents recover the compensation they need and deserve. Our ATV accident lawyers serving Alberta offer a free initial consultation to all prospective clients. To claim yours today and learn how our legal team may be able to assist you, contact us today.

Contact Us For a Free Initial Consultation

You may be able to recover compensation for damages you have incurred or will incur in the future as a result of the at-fault driver’s negligence. These damages might include:

  • Medical expenses
  • Pain and suffering
  • Attendant care
  • Physiotherapy
  • Psychological counseling
  • Lost wages
  • Reduced future earning capabilities
  • And more

Contact us today and take advantage of your free initial consultation.

 

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