ATVs, or “quads,” have become increasingly popular in Ontario, Canada for both transportation and recreation. However, ATVs carry inherent risks. Poorly driving these powerful vehicles can cause serious harm to the drivers and passengers. This emphasizes the need to follow safety measures and use them correctly. ATV accidents are more common than thought. According to Statistics Canada, there are 100 ATV accident fatalities each year. ATV accidents, fatal or not, can profoundly impact individuals, causing trauma or life-altering changes.
Between 2015 and 2019, there were 1,524 ATV injuries and 24 deaths in Ontario, as per the Ontario Ministry of Transportation.
ATV accidents are most common in Ontario during the peak summer season, particularly in July and August.
ATV accidents in Ontario often result from rollovers on hills, operator errors like excessive speed or poor steering, and collisions with obstacles such as trees and rocks.
Avoidance of ATV Incidents:
- Enroll in an ATV training program, like the one offered by the Canadian ATV Safety Institute.
- Ensure that the ATV is appropriately sized for the rider(s).
- Always make sure you are in charge – never go beyond what you can handle or do.
- Adjust your riding behavior based on the specific trail, road, and weather conditions at hand.
- Abstain from driving an ATV if under the influence of drugs or alcohol.
- Riders must always wear safety gear like helmets, eye protection, gloves, and clothing.
- Regular maintenance of the ATV is crucial for optimal performance. Conduct a thorough inspection of your ATV prior to embarking on each ride.
To access additional details regarding ATV safety or legal obligations, please refer to Ontario.ca/atv and e-laws.gov.on.ca.
Legal Implications Resulting from ATV Accidents
If someone gets hurt on my ATV, am I liable?
Earlier this year, a ruling was made by the Ontario Court of Appeal, holding a man and his adult son from Picton accountable for the severe brain injury suffered by a young woman in an accident involving their ATV. The young woman, who had no prior experience operating an ATV and did not have a driver’s license, unfortunately crashed the ATV into a tree, resulting in a traumatic brain injury.
It’s crucial to stress the significance of driving responsibly, as shown by the recent decision of the appeal court. This decision also sheds light on the legal consequences of permitting inexperienced drivers to drive vehicles, even with the owner’s approval.
It is the duty of the ATV owner and those in charge of granting access to prioritize the safety of individuals who are new to operating these vehicles, especially those with little to no experience or training.
To sum up, you can be held accountable if you know or should know that the person you allow to use your ATV is underage, inexperienced, or impaired and may not be able to operate it safely.
Filing a Lawsuit
Ontario requires filing personal injury lawsuits within two years. An adept personal injury lawyer can help ATV accident victims understand rights and seek compensation.
