Have You Been in an ATV Accident on Private Property? Here’s What You Need to Know

ATV drivers getting into accidents on private property is not a new issue in Ontario. Take, for example, the famous case of Taylor Yach, who was nearly killed a decade ago in an ATV accident on private property when she was only 16 years old. Driving along an unmarked trail, she was clotheslined when she ran into an unmarked, hard-to-see steel cable, which was described by the president of the local ATV club as a “loaded gun.” Yach was lucky to survive this incident. 

Stories like Taylor’s highlight a critical issue: ATV accidents on private property often come with unique legal and insurance challenges. Proving fault or negligence in these situations is rarely straightforward. Who is responsible for the accident? Can the property owner be held liable? Does insurance cover medical expenses or lost income after such an accident?

If you or a loved one has been involved in an ATV accident on private property, this post will help you navigate these complex questions. By the end, you’ll better understand your rights, responsibilities, and options.

 

ATV Riders and Private Property

ATV accidents can occur on private property for all sorts of reasons. Unmarked cables, such as in Taylor’s case are rare, but there are many kinds of other potential hazards. In some cases, riders may unknowingly trespass onto private land, which can complicate matters further.

All-terrain vehicles are not like typical road vehicles; they’re designed for off-road use, but that doesn’t mean they’re immune to accidents. Rollovers, collisions with trees or fences, or crashes involving other ATVs are common. 

If you’ve been injured in an ATV accident on private property, determining who is responsible can be one of the biggest hurdles in seeking compensation.

 

Who is Responsible for an Accident on Private Property?

When an ATV accident occurs on private property, liability depends on the specific circumstances of the accident; what was the condition of the property? Did the injured person have permission to be there in the first place?

Property owners in Ontario have a legal duty to maintain their property in a reasonably safe condition. This is known as the Occupiers’ Liability Act (OLA), which requires property owners or occupiers (people in control of the property) to take reasonable care to prevent injuries to anyone who enters their property.

For instance, if a property owner knows about dangerous conditions—like a hidden steel cable or an unstable trail—but fails to fix them or post warning signs, they could be held responsible for injuries that occur. However, this responsibility is not unlimited. If an ATV rider was trespassing or ignoring posted safety warnings, the property owner’s liability may be reduced.

 

Insurance Implications of Accidents on Private Property

When an ATV accident occurs on private property, insurance coverage almost always becomes a contentious issue. Motor vehicle insurance policies, ATV insurance, and health insurance can each come into play. 

If the ATV is insured under a motor vehicle insurance policy, statutory accident benefits may be available, however, these benefits typically apply only if the ATV meets the legal requirements for insurance as outlined under the Off-Road Vehicles Act (ORVA). Riders operating uninsured ATVs or failing to comply with the ORVA—such as not having the required safety equipment or operating without a valid driver’s license—may face significant hurdles when trying to access accident benefits.

If the property owner has liability insurance, it may provide coverage if they are found negligent in maintaining their property. For example, failure to address hazards could result in liability. That said, insurance companies frequently dispute these claims, often arguing that the rider’s actions—such as speeding or trespassing—contributed to the accident. 

 

Can I File a Personal Injury Claim Against Someone if I Have an ATV Accident on Their Property?

If you’ve been injured in an ATV accident on someone else’s property, you may be able to file a personal injury claim against the property owner or another responsible party. Personal injury claims allow victims to seek compensation beyond what statutory insurance benefits provide.

To succeed in a personal injury claim, you’ll need to prove that the property owner—or another party—was negligent. 

For example, you might have a case if:

• The property owner failed to fix or warn about known hazards, like a broken fence or hidden obstacles.
• The property owner encouraged or allowed ATV riding without addressing unsafe conditions.
• Another ATV driver acted recklessly, causing the accident.

Compensation in a personal injury claim can include:

• Medical and rehabilitation expenses: Costs for surgeries, rehabilitation, and medical equipment.
• Lost income: Wages lost due to your inability to work.
• Pain and suffering: For the physical and emotional impact of your injuries.
• Future care costs: For long-term or permanent injuries.

Keep in mind that filing a personal injury lawsuit can be complex, especially in cases involving ATV accidents on private property. You’ll need to gather evidence, such as photos of the accident scene, witness statements, and medical records, to build a strong case.

 

If You’ve Been in a Serious ATV Accident, Contact a Personal Injury Lawyer

Following an accident, it’s important to focus on your recovery. Most people find it best to entrust their insurance or personal injury claims to an experienced personal injury lawyer. 

A personal injury lawyer can:

• Investigate the accident to determine liability.
• Help you navigate the insurance claims process and deal with disputes.
• Gather evidence to build a compelling case for compensation.
• Represent your interests in negotiations or, if necessary, in court.

 

Trust McNally Gervan Personal Injury Lawyers

If you or a loved one has been injured in an accident, whether a motor vehicle accident, such as a car accident or snowmobile accident, McNally Gervan is here to help. 

Our experienced personal injury lawyers know how to navigate Ontario’s legal system and insurance landscape. If your accident was the result of dangerous conditions on a public roadway, a maintenance claim could have merit. 

We offer a free consultation to discuss your case and provide tailored advice. Reach out today.