Off-road vehicles (ORVs) such as ATVs, dirt bikes, snowmobiles, and side-by-sides and recreational utility vehicles provide adventure and recreation for thousands of British Columbians all over the province in all seasons and types of weather. However, these types of vehicles can also pose significant risks when not driven responsibly and their use can lead to serious injuries or fatalities.

If you or a loved one has been injured in an off-road vehicle accident, understanding your legal rights and contacting an experienced personal injury lawyer can be crucial to ensure you get the compensation you are entitled to.

Common Causes of Off-Road Vehicle Accidents

Off-road vehicle accidents can happen for various reasons, many of which involve negligence. Some of the most common causes include:

• Reckless or inexperienced driving – Many ORV riders lack proper training or operate their vehicles at unsafe speeds. Stunts, aggressive maneuvers, or riding beyond skill levels can lead to accidents.
• Substance Abuse – Alcohol and drug use contribute to many ORV crashes. Impairment affects judgment, reaction time, and coordination, increasing the risk of serious injuries.
• Mechanical Failures – Mechanical failures, such as brake or steering malfunctions, may be due to manufacturer defects or improper maintenance, leading to dangerous accidents.
• Collisions with other vehicles – ORVs may collide with other ORVs, motor vehicles, or stationary objects due to poor visibility, reckless riding, or lack of designated riding areas.
• Lack of protective gear – Riders without helmets or safety equipment are at a much higher risk of catastrophic injuries in a crash.

Regardless of the cause of your off-road vehicle accident, the injuries from these types of accidents can be devastating with bone fractures, brain injuries, spinal cord injuries, severe lacerations, and concussions being common injuries. The effects of an off-road vehicle accident can be life altering.

Liability in Off-Road Vehicle Accidents

Determining liability in an ORV accident depends on various factors, including where the accident occurred and who was involved. The following parties may be responsible:

• Other riders or drivers – If another ORV rider, driver, or individual acted negligently (e.g., speeding, impaired riding), they may be liable for your injuries.
• Property owners – If the accident occurred on private land, the owner might be responsible if they failed to maintain safe conditions or warn of hazards.
• Manufacturers or mechanics – If an equipment defect caused the accident, the manufacturer, distributor, or repair service could be liable under product liability laws.
• Government or land managers – If poor trail maintenance or failure to address known hazards contributed to the accident on Crown land or designated ORV trails, government entities or land managers may bear responsibility.

Compensation for Off-Road Vehicle Accident Victims

If you were injured in an ORV accident due to someone else’s negligence, you might be entitled to compensation for:

• Pain and suffering (called non-pecuniary damages)
• Past wage loss
• Loss of earning capacity
• Loss of housekeeping capacity
• An in-trust claim
• Cost of future care
• Special (out of pocket) damages

Off-road vehicle accidents in British Columbia can result in devastating injuries, but victims have legal options to seek compensation. Understanding ORV laws, liability considerations, and insurance coverage is critical to protecting your rights. If you or a loved one has been injured in an ORV accident, consulting a personal injury lawyer can help you navigate the complexities of your claim and ensure that you get a fair deal.

Accidents involving off-road vehicles in British Columbia have become more complicated due to recent legislation that has had massive impacts on vehicle injury actions in the province. An experienced personal injury lawyer can help review the fact pattern of your claim and provide you with advice on the best way forward to ensure you get a fair deal.

Contact the experienced personal injury lawyers at Taylor & Blair LLP today for your free consultation for your off-road vehicle injuries.