Ontario Personal Injury Law Firm

ATV Accident Lawyer Toronto

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When you first jump on an ATV in Ontario, no one expects to walk away from that day with a life-changing injury. Anyone on an ATV is expecting to enjoy the great outdoors, take in the sights around them, and enjoy themselves.

Unfortunately, accidents happen and the injuries sustained on the brain, body, and finances can be severe.

An ATV accident injury can cause a lifelong disability or provide a painful recovery period. When you’ve been injured, you may not be able to go back to work for some time and may also be restricted from participating in the activities you used to love to do. When/if your ATV accident can be tied to another party’s recklessness, this is the basis on which a legal ATV accident claim against a negligent party can be made.

Don’t wait to consult an ATV accident lawyer in Toronto if you or someone you know has been injured in an ATV accident.

Understanding ATV Accidents

An ATV accident is an accident involving any all-terrain vehicle, such as dirt bikes, snowmobiles, vehicles on four wheels, or an off-road motor vehicle. They can be used on both paved roads and unpaved terrain with reliable stability.

These vehicles have a wide range of utility applications in addition to being fun for most people to ride leisurely.

Sadly, over 135,000 people in North America are injured every year on ATVs. This can occur from another rider not paying attention, not adhering to speed limits, when there are defective parts on the ATV, or when a trail is not properly maintained.

All-terrain vehicles are promoted as safe and exciting to such a degree that it’s considered an all-ages family activity. It’s often a lack of safety and reckless behaviour that leads to injury. Most ATV injuries can be tied to human error.

Role Of An ATV Accident Lawyer

A personal injury lawyer specializing in ATV accident claims is there to help victims navigate the legal system.

They are there to learn about the unique details and circumstances surrounding a client, and to put forth the strongest case possible on their behalf.

Consider a lawyer and their legal team as your best advocate. They are there to provide invaluable assistance every step of the way as they build your case from the ground up. A lawyer will lead the way in gathering evidence, establishing liability and an at-fault party, negotiating with insurance companies, and pursuing a fair settlement.

The role of an ATV accident lawyer is to be your personal expert and to ensure you receive the compensation you are rightfully owed for your injuries.

Importance Of Experienced ATV Accident Lawyers

Launching a legal claim is an expensive and stressful experience, especially when you’re recovering from a traumatic injury.

Don’t attempt to handle an ATV accident case on your own without the help of a lawyer. Possible outcomes aren’t favorable without the assistance of an expert.

An experienced ATV lawyer in Ontario knows how to navigate the complexities involved in these types of cases and will fight this battle for you.

Recovery is rarely easy after a snowmobile accident. Focus on your healing, making medical appointments, and not putting more stress on your system than you need to. Your lawyer is there to do the rest under your guidance.

Common Causes Of ATV Accidents

There are many causes of ATV accidents, ranging from reckless driving to mechanical failures with the vehicle, inadequate training in driving, poorly maintained trails, drunk driving, speeding recklessly, hill climbing, and operator error.

The cause of an accident is key to determining liability. The cause is what decades how to seek compensation for the damages incurred.

Despite knowing the most common causes, identifying who is liable for an ATV accident is complex. Multiple parties may be at fault, from the ATV operator to the owner of the ATV, the manufacturer, or the party responsible for maintaining the trail. The value of personal injury lawyers is that they understand how to investigate an accident and have the background from similar cases to your own to assist in determining parties liable.

Types Of Injuries In ATV Accidents

As an experienced ATV accident lawyer, we have seen clients come in having experienced all sorts of devastating consequences and injuries from riding ATVs.

  • Traumatic brain injuries can leave a victim comatose or potentially suffering for years with long-term symptoms. This may also come with exorbitant medical costs which is a financial burden many struggle with.
  • Broken bones and fractures are the result of blunt force trauma from an ATV accident. Broken bones can be agonizing to manage and can go on to leave someone suffering from chronic pain if they don’t heal correctly.
  • Spinal cord injuries are the result of a hard blow to the back or side during an ATV accident. Depending on the location and severity, a spinal cord injury may be accompanied by partial or complete paralysis and even paraplegia.
  • Neck and/or lower back injuries often are a consequence of a high-energy accident. These vary in severity. A person may not know the extent of the damage or how long they may be living with symptoms until months have gone by.
  • Loss of life is a very real consequence of ATV accidents. According to Statistics Canada, more than 100 deaths occur every year related to ATV accidents. This can occur from a vehicle rollover, impact with an object, or being ejected from the ATV.

Seeking Compensation For ATV Accident Injuries

When you come to seek compensation for an ATV accident injury, the objective for ATV accident lawyers is to ensure you receive the full amount you are rightfully owed.

Compensation is calculated by your lawyer based on your past, current, and future medical bills, lost wages, pain and suffering, and any and all other damages that were a result of the ATV accident.

Legal Process For ATV Accident Claims

Recovering from an ATV accident can be an intense process of recovery not only physically but also emotionally and financially, as many ATV accidents have shown us here at our firm.

Here is what you can expect from the legal process for an ATV accident claim in Ontario and how it will proceed.

Investigate Your Accident

After the initial consultation with your lawyer, a thorough investigation is launched. This is to determine the cause of the accident and acquire evidence that reinforces what happened on that day and the details of your claim.

Negotiate On Your Behalf

In a lot of ATV injury cases, they do not make it to court and are resolved in negotiations. ATV accident lawyers will be there to negotiate with an insurance company on your behalf, ensuring your claim is fairly represented and taken with the utmost seriousness.

Navigate The Legal System

The legal system is very complex. Throughout the negotiation process and with court potentiality, your lawyer will assist in filing the correct documents, ensuring paperwork is completed, and making sure deadlines are met with regards to filing a claim.

If Necessary, Represent You In Court

If negotiations fail, your lawyer is fully prepared to represent you in court to pursue maximum compensation.

ATV Safety Measures And Protective Gear

ATVs must have legal documents to be street legal. Not all are. Certain ATVs are required to be licensed to be on the road. Your local community may also have rules and regulations on how to use an all-terrain vehicle.

For example, you may be required to wear an approved helmet, be at least 12 years of age unless directly supervised by an adult, not be allowed to cross a highway if you are under a certain age, and have other restrictions.

While there is some ATV protective gear, rarely will something like wearing helmets prevent a serious injury if the ATV flips over on top of you or worse.

 Factors Contributing To Serious ATV Accidents

Many people do not think they are going to be injured on an ATV because of how it’s constantly shown as safe and enjoyable. ATVs will not conquer every type of terrain. At a certain point, steep or uneven terrain can pose excessive risk.

Many people injured in ATV accidents are young teenagers who do not have the training or safety gear to avoid injury.

According to Public Health Ontario, there is an increased risk factor for serious ATV accidents when the driver is of a young age and male, if there are multiple passengers, if the ATV is not age-appropriate, if there’s a lack of protective equipment, and when one is engaging in risky behaviours.

 ATV Insurance And Accident Benefits

If you have health insurance coverage and accident benefits, depending on the details of your accident, you may have coverage from your insurance company.

That said, it is rare that health insurance alone will provide enough to recover the full amount of compensation you should rightfully receive when the injuries in an ATV injury case are complex and far-reaching.

Also, traditional auto insurance or vehicle insurance usually does not cover ATVs and will not pay compensation to victims of such an accident.

 Recovering Damages For ATV Accident Victims

To recover damages in an ATV accident claim, it’s key to start to gather evidence as soon as possible.

By partnering with an experienced ATV accident lawyer in Ontario, they can take over the evidence gathering and all legal aspects of your case while you continue your physical and mental recovery from serious injuries.

There are many ways to recover damages, such as claiming funds under the Statutory Accident Benefits Schedule, aka SABS, through your own motor vehicle insurance policy, another driver’s policy, or from Ontario’s Motor Vehicle Accidents Claim Fun.

If you were not at fault for the accident or only partially at fault, you may also be able to file a tort claim for damages from a negligent person.

How you proceed relies entirely on the unique circumstances surrounding your ATV accident in Toronto.

 Preventative Measures To Reduce ATV Accidents

To minimize the risks of experiencing an ATV accident, the following precautions and preventative measures are encouraged.

  • Take an ATV operations safety course prior to riding.
  • Stay on maintained trails and at relatively slow speeds. Adhere to the speed limit.
  • Ensure all-terrain vehicles are kept in good repair and properly maintained.
  • Always wear a helmet and safety gear to protect your body.
  • Monitor weather conditions to avoid riding all-terrain vehicles in unsafe situations.
  • Ride in groups of ATV drivers to ensure there is another person there to help an injured rider.
  • Supervise young riders and ensure they are driving appropriately sized vehicles.

 Advocating For ATV Accident Victims

If you or someone you love has been in a serious ATV accident, you don’t have to face the devastating consequences alone. Reach out to a personal injury lawyer at Joshua Goldberg Law and put us in the driver’s seat.

Our legal team works hard advocating for our clients’ rights and ensuring they receive the compensation they deserve in the aftermath of an ATV accident for what can be catastrophic injuries.

Let us know your circumstances and in a complimentary free consultation, we are happy to provide you with an understanding of what legal options are available to you for compensation.

Speak to an ATV accident lawyer in Toronto today to receive the guidance you need and for comprehensive legal support.

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What Our Clients Say

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I would like to thank my powerhouse team, Joshua Goldberg. One word WOW! Joshua is amazing! He showed me empathy and honesty. He pushed so that i could get an handsome tort settlement. Even when i honestly did not expected anything he made it happened. Joshua is out of this world!
Zeta Bernard11 Month, 2023

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Awesome team very supportive during my accident. Joshua Goldberg and his team are fabulous i would recommend them to anyone who needs a personal injury lawyer 👍
Nisha Rathod11 Month, 2023

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Josh Goldberg is an amazing lawyer who I would highly recommended to anyone who has been in a car accident . He was very helpful the entire time I’m happy i met him he is the best ! 🙂
Brie Smith11 Month, 2023

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My lawyer, Joshua Goldberg, who handled my car accident case was very professional. He explained everything clearly and made sure that we were on the same page throughout the process, all the way through to the satisfactory conclusion.
Reza Mir11 Month, 2023