ATV and Dirtbike Injuries
Many Ontario families own All-Terrain Vehicles. These recreational vehicles are meant to be ridden both on and off-road, and they’re built for adventure! The four-wheeled variety, also known as “quads,” “dune buggies” or “four-wheelers” are not only fun for older kids to drive around, they’re also handy for farmers who want to check on livestock, or for use on camping or hunting trips. In the north, forestry workers often use them to get to remote job sites. Two-wheeled dirtbikes are an excellent way to entice your youngsters away from video games and into the great outdoors. Kids and adults alike can have a wonderful time riding on motocross tracks or bike trails, and children who ride learn necessary skills as well as responsibility.
However, these off-road types of vehicles have very high rates of accident and injury. If you or a family member has been injured in an ATV or dirtbike incident, there are some things you need to know.
What to Do First
After an ATV accident, the first thing you should do is to seek medical treatment. If a head, neck, or spinal injury is a possibility, it’s best to call 911 and have emergency personnel respond. In the case of less serious injuries, be sure to get thoroughly checked out by a doctor. Many times after an accident, the adrenalin rush you feel helps to disguise pain from an injury. Don’t assume that you will be fine; visit a hospital emergency room or a doctor as soon as possible.
If your vehicle is on a trail, please arrange for it to be moved so as to avoid causing other accidents. If another driver is involved, you or someone you trust should get all of the necessary information from him or her: name, contact information, license and registration numbers, and the name of the driver’s insurance company. If possible, take photos of the scene that show what happened. If the police are called to the scene, they may want to speak to you. (Make sure not to delay urgent medical treatment in order to make a statement.) Be cautious when making any kind of statement, as the issues involved in an ATV accident can be complex.
One of the things you should do as soon as you are able to is to call a personal injury law firm. A personal injury lawyer can advise you about your legal rights and obligations, and can ensure that your insurance claim is filed properly and on time. A lawyer can also help to determine whether or not legal action may be required.
Accident Claims
Although most medical treatment in Ontario is covered under OHIP, you may have added medical expenses such as drugs or equipment that you will need to pay for out of your own pocket. An insurance claim can be made for these types of expenses. In addition, if your injuries cause you to lose money because you’re unable to work, a claim can be made for lost wages. In some cases, a claim can be made for pain and suffering, or for short-term or long-term disability. The injuries sustained and the amount of time necessary for you to recover from them helps to determine how much compensation you may be awarded.
The circumstances of your accident can make a tremendous difference as to whether or not you’re eligible for compensation, and how much will be awarded. While off-roading, an ATV may not be covered under your insurance policy, for example, or the particular circumstances of your accident may have a bearing on whether or not you receive compensation. In Ontario it’s illegal to drink and operate a motor vehicle, and helmets are mandatory while riding ATVs. So if you were drinking before the accident happened, or if you failed to wear a helmet, you could be held partly – or wholly – at fault for your injuries. Similarly, if you were speeding or trying to perform risky stunts on the vehicle, you may be held responsible. Things can get even more complicated: if you were injured while riding someone else’s ATV, the owner of the vehicle could be liable for compensation, or if the ATV malfunctioned, the manufacturer could be responsible.
As soon as possible, meet with a personal injury lawyer to go through the details of your accident, and to learn more about the options available to you. Because making an insurance claim in these types of cases can become remarkably complicated, you’ll need the advice of someone who has experience. You can help your lawyer by being organized and keeping accurate records.
Document all medical treatments and expenses with details regarding date and medical professionals seen. Keep all receipts for expenses related to your injuries, from cab rides to doctors’ offices to prescription medication. You should also document all of the ways that your injuries have impacted your life: socially, with regard to your work or career plans, financially, emotionally, and physically.
Use caution when operating any recreational vehicle, but if an accident occurs, contact medical and legal professionals as soon as possible.