ATV riding is a popular pastime across Eastern Ontario, particularly in rural communities surrounding Ottawa, Perth, and Kingston. But what happens when a recreational ride ends in tragedy?
A recent CTV News report about a Nepean man killed in an ATV collision in Eastern Ontario is a devastating reminder of the risks associated with off-road vehicles.
The circumstances surrounding any collision must be assessed on their own facts. This particular the incident raises questions about ATV safety, insurance requirements, and legal responsibility in Ontario.
Who Is Responsible When an ATV Accident Happens?
ATV accidents can happen for many reasons, including:
- excessive speed,
- dangerous terrain,
- impaired driving, or
- a failure to operate the vehicle safely.
As such, determining legal responsibility isn’t always straightforward.
ATV operators who drive recklessly or fail to take reasonable precautions may be negligent if their actions cause injury or death.
As we explain in our article on determining fault in ATV accidents, responsibility depends on the circumstances of the collision, including the conduct of everyone involved. Relevant parties are often the owner, operator or the passenger.
ATV owners may face legal consequences when they allow someone else to operate their vehicle. Understanding your responsibilities as an ATV owner is important, particularly when allowing a friend or family member to drive it.
Does Ontario Law Require ATV Insurance?
Yes, with limited statutory exceptions.
Under Ontario’s Off-Road Vehicles Act, ATVs are to be insured under a motor vehicle liability policy when operating. This requirement applies to off-road riding, not just when on public roads. Although, an important exception exists for vehicles driven on land which is occupied by their owner.
Our article, Do ATVs Need to Be Insured?, explores why proper coverage matters.
Insurance becomes particularly important following a serious collision. Depending on the circumstances and available coverage, injured individuals or surviving family members may have access to accident benefits or compensation through a personal injury claim.
Can Families Pursue Compensation After a Fatal ATV Accident?
When an ATV collision results in a fatality, surviving family members may have legal options. Ontario’s Family Law Act allows certain relatives to pursue compensation when a loved one’s death results from another person’s negligence. Potential damages may be awarded for:
- funeral expenses, and loss of care,
- guidance, and
- companionship.
However, compensation is not automatic. Liability, insurance coverage, and the circumstances of the collision must all be considered.
What Should ATV Riders Remember Before Heading Out?
ATV safety begins before the engine starts.
Riders should wear approved helmets, respect speed limits, avoid driving impaired, understand the terrain; and owners should provide adequate instructions and ensure individuals operating their ATV are properly trained.
Owners should also confirm their insurance coverage and ensure their ATV is properly covered in the event something does happen, even if their ATV is only being operated on their private property. Our previous article on balancing ATV adventures with their risks offers further guidance.
If you have questions about an ATV accident or personal injury claim in Ottawa or Eastern Ontario, the team at Bergeron Clifford Injury Lawyers is pleased to help. You can schedule a free consultation to discuss your circumstances.
