Alberta offers some of Canada’s best backcountry trails and terrain for those who enjoy the thrill of dirt biking. Whether you are an experienced rider or newer to the sport, accidents can happen. Other riders, unexpected debris, mechanical failure, and poor conditions can turn an exhilarating ride tragic in a matter of seconds. Thousands of people are injured every year while riding off-highway vehicles (OHVs) in the province. Of those injured in dirt bike accidents, many are forced to take time off work while they recover from their injuries, and some may suffer from long-term disability. If you or a loved one has recently been injured in a dirt bike accident, you might have questions such as “Am I covered by insurance for a dirt bike accident?” or “Can I make a claim against a negligent dirt bike owner?”. At Litwiniuk & Company, our experienced dirt bike accident lawyers will answer your questions and do everything they can to help you get the maximum compensation for your injuries.
The most common types of injuries resulting from dirt bike accidents include:
- Head injuries;
- Severe brain damage;
- Spinal cord injuries including the neck or lower back;
- Multiple types of fractures and broken bones;
- Internal injuries such as fractured ribs, organ damage, or internal bleeding; and
- Loss of life.
If you have been injured in a dirt biking accident, the most important thing is your health. It’s important to get medical treatment right away and follow the advice of your family doctor and medical professionals. Adrenaline often runs high after an accident and injuries may not be felt for several hours or days following the incident. The sooner you get assessed by your doctor, the better. Your doctor’s assessment report can be a critical piece of evidence in your case. If you wait, it is usually more difficult to prove that your injuries were a direct result of the accident.
Gather as much evidence as possible. If you are able, take photographs of the scene and your injuries. Get the names of other parties or witnesses; the more details you are able to provide your Personal Injury lawyer, the easier it will be to prepare a claim. The sooner you get in touch with a Calgary dirt bike accident lawyer, the easier it will be to preserve evidence and get accurate eyewitness accounts while memories are fresh. As time passes, it may become more difficult to accurately reconstruct what happened at the scene. There are no traffic cameras and few eyewitnesses in the woods. If you were wearing a helmet or body camera such as a GoPro, be sure to preserve the accident footage.
While Alberta Health Care (AHC) covers many of your medical expenses while you are in the hospital, AHC does not cover the cost of prescriptions, chiropractic care, massage therapy, or other long-term expenses such as loss of income during the time of your recovery. That is where we come in. The legal and insurance landscape surrounding off-road accidents can be complicated. At Litwiniuk & Company, we understand the ins-and-outs of these types of claims and our dirt bike accident lawyers will build a strong case on your behalf. We’ll be in your corner advocating for you to ensure you get a fair offer and the best possible result.
Can I get compensation for a dirt bike accident?
These types of accidents are uniquely complicated. Compensation varies case-by-case and good representation can make all the difference. For example, if you were injured while riding a dirt bike that was licensed and insured for the road, you may be covered through Section B benefits. What if the dirt bike was not insured? This is where things can get tricky. Dirt bikes may be insured through farm policies or other forms of habitational or recreational policies. You may also have coverage through your homeowner’s policy. Our dirt bike accident lawyers can help locate coverage you may be eligible for. If you were injured by someone else in a dirt bike accident, you may have grounds to sue the at-fault party. The party at fault could be another rider, another vehicle, or the owner of the dirt bike. In some cases, a landowner or even the dirt bike manufacturer could bear responsibility for the accident. We’ll figure that out so you don’t have to worry. Alberta’s Motor Vehicle Accident Claims Fund may also provide compensation in certain circumstances. If there’s insurance coverage or any other source of compensation available to you, we will find it.
(e) “motor vehicle” means
I. a motor vehicle as defined in section 1 of the Traffic Safety Act that is required to be registered under that Act, or
II. an off-highway vehicle as defined in section 117 of the Traffic Safety Act that is required to be registered under that Act
Traffic Safety Act:
(x) “motor vehicle” means (i) a vehicle propelled by any power other than muscular power, or (ii) a moped, but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs only on rails;
(a) “off-highway vehicle” means any motorized mode of transportation built for cross-country travel on land, water, snow, ice, marsh, swampland, or other natural terrain including (i) 4-wheel drive vehicles, (ii) low-pressure tire vehicles, (iii) motorcycles and related 2-wheel vehicles, (iv) amphibious machines, (v) all-terrain vehicles, (vi) miniature motor vehicles, (vii) snow vehicles, (viii) minibikes, and (ix) any other means of transportation that is propelled by any power other than muscular power or wind.
Am I able to make a claim?
The correct answer is “maybe.” We’ll need to look more closely into the particulars of your case to determine if you are eligible to make a claim. For instance, if a minor was allowed to operate a dirt bike that had no coverage, there may be grounds for a lawsuit against the owners of the dirt bike for negligent supervision by way of allowing a minor to operate the vehicle and failing to provide supervision. If your insurance does not cover medical expenses and lost income, our dirt bike accident lawyers will investigate the facts needed to put together a claim. In many cases, the owner of the dirt bike is liable regardless of who was driving, especially if poor maintenance resulted in a mechanical issue that contributed to the accident. A manufacturing company may also be held liable for your injuries if the dirt bike was made with defective parts that caused the accident to occur. If a person or company is at fault, we will pursue them and do everything we can to recover compensation for you to the extent that they are at fault. With these types of claims, we must investigate the facts of the case to see if we can help, and we will do it at no cost to you. Our Calgary dirt bike accident lawyers will pursue the maximum compensation for your claim.
In Alberta, you generally have up to two years from the date of the accident to make a claim in court or your right to do so is lost forever. But it’s important not to wait as there may be other important deadlines or other circumstances that may affect the deadline or your claim. If you have any questions about the limitation period for your claim, call or email us for a free consultation with one of our Calgary Dirt Bike Accident lawyers today.
Contact our Calgary Dirt Bike Accident Lawyers for Help
Because dirt bike accident claims are so complex, it’s important to get personalized legal advice from an experienced Personal Injury lawyer. We’ve represented injured riders, as well as the families of those who have suffered fatal injuries, in Calgary and throughout Alberta since 1976. Let our firm work to get you the maximum compensation for your claim and the benefits and treatment you’re entitled to. We deal with the insurance companies and the law, while you focus on getting your life back to normal. If you are looking for a Calgary dirt bike accident lawyer contact Litwiniuk & Company today for a free consultation. It won’t cost you anything to get an experienced dirt bike accident lawyer on your side, because we don’t get paid until you get paid.