How to Navigate ATV Accident Claims Successfully in Ontario -1-800-JUSTICE®

This video discusses the serious nature of ATV accidents and the potential injuries that can result from them. Unlike cars, ATVs lack physical restraints, making operators and passengers more vulnerable to severe injuries, particularly when ejected from the vehicle at high speeds. The video outlines two main avenues for recovery following an ATV accident: statutory accident benefits, which provide interim financial support and medical treatment, and tort claims, which allow victims to sue for damages against the responsible parties. The importance of legal representation in navigating these processes is emphasized, as it can help ensure victims receive the compensation they deserve. For further assistance, viewers are encouraged to contact “Preszler Injury Lawyers” or call “1-800-JUSTICE”.

Unlike when you are restrained in a car, truck, or a vehicle that has physical protection, ATVs are very different. Often, what we see in ATV accidents are very serious injuries, and there are a variety of reasons for that. First of all, high speed is an issue, along with the lack of restraints. Additionally, what you collide with is a significant factor. In comparison to cars, where you are restrained and there are airbags and a physical structure to protect you, ATV accidents can lead to severe outcomes.

Often, following a collision, we see the operator or the passenger being ejected from the vehicle. When they are ejected at high rates of speed, bad things can happen. We also see that when people are ejected from the vehicles, they may collide with stationary objects like rocks, trees, or even buildings. Unfortunately, following an ATV accident, we do see some of the most horrendous injuries. I have represented many people with severe brain injuries, broken bones, soft tissue injuries, and more. Any time you have high rates of speed with no protection, bad things can happen.

Most users of ATV vehicles do wear helmets, which is a good thing. However, even with helmets, you can still sustain very significant brain injuries. These are some of the reasons why ATV accidents lead to very serious injuries.

Following an ATV accident, I will assume for this discussion that the vehicle is, in fact, insured. There is a whole discussion about whether or not ATVs are required to be insured, but I won’t get into that. Assuming the vehicle is insured, most accident victims, provided you are not at fault for the accident, do have two different avenues of recovery.

Under your insurance policy, an ATV is considered a motor vehicle. This classification allows you to access what are called statutory accident benefits. Statutory accident benefits are designed to provide you, the victim, with interim benefits in the form of income replacement benefits. They also provide you with medical treatment or attendant care services. The accident benefit system has a variety of rules that you must follow in order to access those benefits. However, through a law firm or even on your own, you can fill out the necessary forms. Obviously, a law firm can assist you with this process.

The second avenue of recourse is what is called a tort claim. A tort claim is where you sue the ATV driver or property owner. Sometimes, fault does not lie solely with the operator of the vehicle; there may be another vehicle involved, or there may be dangerous premises that caused the accident, including hidden hazards. There are a variety of reasons how lawyers determine who is at fault for the accident. Provided you are not at fault or even only partially at fault, most accident victims have what is called a tort claim.

A tort claim allows you to commence a lawsuit against the ATV party, the owner, or the operator of the vehicle, or the property owner, whoever it may be, for a variety of damages. These damages can include pain and suffering, lost income, future health care expenses, and many other types of damages that most people will need for their recovery and their future.