As winter approaches, and the temperatures outside fall, our outdoor activities shift gears. The bicycle and roller blades are stored away for the season, and skis and ice-skates are brought out. For those who want a bit more speed, when the snow begins to fall, many choose a snowmobile for winter recreation.
A snowmobile is a vehicle, however, and is not just a recreational item. Ontario has a law, the Motorized Snow Vehicles Act, that sets out very strict requirements for operating a snowmobile. It must be licenced, no different than an automobile. There are rules as to where it may be operated, how it must be operated, by whom it may be operated, and under certain circumstances, a regular driver’s licence or a motorized snow vehicle operator’s licence is required to operate a snowmobile. There are age limits for operating a snowmobile, and there are specific rules, essentially the “rules of the road”, for snowmobiles too. Under the law, a snowmobile must be insured under a motor vehicle liability policy, no different than an automobile.
Accidents happen. A fun day on the trails can be simply that, but unfortunately sometimes the fun can turn into tragedy.
If you have been involved in an accident involving a snowmobile, it must be reported to the police if there are personal injuries involved or damage to property exceeding $400.00.
There seems to be a high instance of alcohol related snowmobile accidents. People tend to take the operation of a snowmobile and alcohol consumption more lightly. This should not be done. Snowmobiles, like motorcycles, afford little protection to the rider if involved in an accident. Often lighting and trail conditions are more dangerous than the roads. Extra care should be taken.
If you suffer an injury while operating a snowmobile, you may be entitled to statutory accident benefits (sometimes called no-fault benefits) from your own motor vehicle insurance company or from the insurer of the snowmobile. A personal injury lawyer can advise you as to where you make an application for benefits and how to apply. These benefits are the same as if you were involved in an automobile accident – income replacement and medical and rehabilitation expenses, for example. It is important to remember that there are fairly short time limits for notifying an insurance company after an accident happens and applying for benefits, so it is important to determine your rights very early.
There may be circumstances where the owner of the property on which you are operating a snowmobile may be responsible if you suffer injury, based on the condition of their property. A personal injury lawyer can help investigate all the surrounding circumstances of your accident, and ensure that you pursue all appropriate routes to be compensated for your injuries.
If you are injured by someone else operating a snowmobile, they are insured the same way an automobile driver is insured, and depending on the seriousness of your injuries, you may have a claim against that snowmobile driver for your pain and suffering and other losses. Once again, contacting a personal injury lawyer will help you determine your rights.
If you have been involved in a snowmobile accident, an Ontario personal injury lawyer will take the time to find out what routes for compensation are available and appropriate for you, and will help you pursue that compensation.
Raphael Barristers have been helping victims of snowmobile accidents and other personal injury accidents for over 50 years. We have offices in Toronto and Thornhill to service all of Ontario. Please contact Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation. Or visit our web site at www.raphaelpersonalinjurylawyers.com
