All-terrain vehicles, also known as ATVs, offer exciting opportunities for outdoor fun and can also be extremely useful when performing strenuous tasks. Driving ATVs is a popular pastime in Nova Scotia due to the variety of rural and off-road areas available to residents and visitors alike. However, ATVs also come with significant risks. Whether it’s a collision on a trail, a mechanical failure, or an accident caused by another rider’s negligence, the consequences of an ATV accident can be devastating.
If you or a loved one has been injured in an ATV accident, you may be dealing with medical expenses, lost income, and more. Valent Legal’s experienced Halifax ATV accident lawyers are ready to provide you with compassionate, results-oriented representation. With a thorough understanding of Nova Scotia’s laws and insurance policy regulations, we can help you navigate the complexities of your case. Contact us today to schedule a consultation and begin pursuing the compensation you deserve.
What Vehicles Are Considered ‘ATVs’?
Under Nova Scotia law, ATVs, by definition, include many different off-road vehicles designed for rugged terrain. These may include:
- Four-wheelers and quad bikes
- Side-by-sides and utility terrain vehicles (UTVs)
- Dirty bikes and off-road motorcycles
- Snowmobiles, in certain circumstances
- And more
In Nova Scotia, the Off-Highway Vehicles Act (OHVA) governs ATVs and similar vehicles that are driven off-road and are not registered under the Motor Vehicle Act. The OHVA sets out rules for:
- Safety and equipment
- Registration and permits
- Insurance requirements
- Locations where drivers can ride
- Environmental protection
- Enforcement
- And more
Other rules, like minimum age requirements for driving and riding, are also outlined by the act. In Nova Scotia, specific conditions must be met particularly around safety training for riders under 16 years of age and during OHV rallies.
Do I Need to Insure My ATV?
Yes, insurance is mandatory for operating an ATV in Nova Scotia if you use it on public lands, trails, or highways. The OHVA and Nova Scotia Insurance Act requires that a driver of an automobile hold third-party liability insurance of at least $500,000 to cover damages or injuries caused to others.
Under the standard insurance policies in Nova Scotia, Section A provides an insured driver with third-party liability that will protect them should any personal injury lawsuits arise against them. Section B accident benefits will also help a driver replace any lost income or pay for other expenses such as medical care when they are involved in an accident. In addition, Section D helps protect them against uninsured motorists or ATV operators.
Failure to insure your ATV could result in:
- Fines
- Suspension of registration
- Legal complications in the event of an accident
- And more
It is important to note that operating an uninsured ATV on public land may impact your ability to recover compensation after an accident. If you are only driving your ATV or other off-highway vehicle on your own private property, you are not required to obtain third-party liability coverage, although it may still be a good idea. Be sure to stay informed of all requirements and potential consequences for ATV drivers if you plan to operate a vehicle at any point.
Common Reasons for ATV Accidents in Nova Scotia
In Nova Scotia, unpredictable weather and changing seasons make off-road vehicle operations risky. In addition, the unenclosed nature of ATVs makes them more dangerous to users in general. As a result, incidents can occur at any time without warning.
ATV accidents may occur for a variety of reasons, including:
- Driver Error: Speeding, reckless driving, or lack of experience.
- Mechanical Failures: Defective brakes, steering, or sudden stops/engine failure
- Trail Hazards: Unmarked obstacles or poor maintenance
- Collisions: With other vehicles, pedestrians, or stationary objects
- Substance Use: Operating an ATV under the influence of alcohol or drugs
- And more
Because ATV riders are exposed to the elements without the metal frame of a car or truck, they can suffer serious injuries following an accident. There also tends to be a greater lack of safety features like seat belts or airbags in off-road vehicles. Common injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones and fractures
- Internal organ damage
- Cuts, bruises, and road rash
- And more
In severe cases, ATV accidents may result in permanent disabilities or fatalities. For this reason, securing compensation for your damages or injuries following a collision is of the utmost importance. Don’t wait–speak with an experienced Halifax ATV accident lawyer today to get started on your case.
Steps to Take After an ATV Accident in Nova Scotia
Because ATV drivers and their passengers do not have the same kind of protection that passengers in an enclosed vehicle do, they can sustain devastating injuries when they crash. If you’re involved in an ATV accident in Nova Scotia, follow these steps to keep yourself safe and protect your rights:
1. Seek Medical Attention: Prioritize your safety and well-being above all else. Even minor injuries can worsen if you don’t seek treatment right away. Ensure that you go to the hospital, or see your physician, as soon as possible following your incident.
2. Report the Accident: You should notify law enforcement or park authorities if the accident occurs on public land. Having this record of your incident can also be helpful should you decide to file a personal injury claim at a later date.
3. Document the Scene: If you are safe and able, take photos of the crash site, any damage to your vehicle, and any injuries passengers have sustained in the accident.
4. Gather Information: Exchange contact information and insurance details with any other parties involved.
5. Contact a Lawyer: If you decide to pursue an insurance or injury claim following your accident, having the experience of a legal professional on your side can help you feel more confident. Valent Legal’s Halifax ATV accident lawyers can guide you through every step of the legal process when you need it most.
Dealing with the aftermath of an ATV accident can be intimidating. If you are suffering from injuries or physical consequences following your incident, speaking with insurance companies and other parties involved can become even more challenging. At Valent Legal, our Halifax ATV accident lawyers are committed to helping you navigate the legal challenges of your accident claims, no matter what they look like. Contact our team today to explore your options.
Who is Liable in an ATV Accident?
If someone else is responsible for your ATV accident, you have the right to seek compensation for damages or injuries in Nova Scotia. Like any other motor vehicle or car accident, determining who is at-fault can be a complicated process. Some potentially liable parties may include:
- The Operator of the ATV: If negligence, like reckless driving, caused the crash
- Other Riders or Drivers: In multi-vehicle accidents
- Manufacturers: When defects or mechanical failures cause the accident
- Property Owners: For unsafe conditions on private trails
- And more
In some cases, liability can fall on multiple parties instead of pinpointing a single one. Negligence can be found when there has been a failure to obey speed limits, failure to have proper safety equipment, or failure to obey the rules of the OHVA. As a result, liability in each ATV accident will be unique to individual circumstances. If you have questions about liability in your incident, don’t hesitate to speak with our ATV accident lawyers today.
What Compensation is Available for ATV Accidents?
Victims of ATV accidents may be entitled to various forms of compensation under Nova Scotia law. These are designed to address the financial, physical, and emotional toll of the accident in question. At Valent Legal, our Halifax ATV accident lawyers work diligently to help our clients pursue the full compensation they deserve. Specific damages you may be eligible to claim include:
- Medical expenses
- Accident Benefits
- Lost wages
- Pain and suffering
- Property damage
- Future care or medical costs
- Loss of future earnings
- Survivor benefits
- Out-of-pocket expenses
- Punitive damages, in rare cases
- And more
Your lawyer can advise you concerning what types of compensation they believe you may be entitled to based on the circumstances of your incident. When you decide to pursue a claim, your legal counsel will work to thoroughly understand the details of your accident, gather all the evidence necessary to build a strong case for you, and strive to obtain the full and fair compensation you deserve.
Contact Our ATV Accident Lawyers in Halifax Today
ATV accidents can be life-altering, but you don’t have to face the consequences by yourself. At Valent Legal, we combine legal experience with a commitment to helping injured victims pursue the compensation they need for their recovery.
Contact us today for a free, no-obligation case review with one of our Halifax ATV accident lawyers. With years of experience navigating injury claims in Nova Scotia, we can help you get back on track. Call our office at 902-443-4488, email our team at , or fill out our online contact form now.
