There are hundreds of kilometres of snowmobile trails in Barrie and the surrounding areas. That makes for plenty of opportunity for excitement and adventure. Unfortunately, the fun comes to a grinding halt when a crash occurs. Snowmobile accidents can cause serious injury or death. The most recent Canadian statistics show that on average, 73 people die in snowmobile accidents every year.
There are options for obtaining compensation if you or a loved one has been hurt in a snowmobile accident, but you’ll need evidence to support your case and to maximize the damages you recover. Read on for information about the types of evidence that can strengthen a snowmobile accident claim—or better yet, reach out to our Barrie injury lawyers for advice and assistance with gathering the best evidence in your case.
Compensation for Snowmobile Injuries
A snowmobile accident victim can recover compensation similar to a person hurt or killed in a car accident. Ontario law (the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44) requires operators to carry insurance if they are going to drive their snowmobile anywhere off their own private property. The Insurance Act, R.S.O. 1990, c. I.8 and its Regulations create an insurance scheme that includes coverage for snowmobile accidents.
That means you have options for obtaining financial compensation if you’re hurt in a snowmobile accident. You can claim statutory accident benefits from your insurer, even if you caused the collision. Statutory accident benefits (also known as “no-fault benefits”) cover various out-of-pocket expenses such as medical bills, lost wages and caregiver expenses.
If someone else’s negligence caused the snowmobile accident (e.g., another snowmobile, a car or truck, the operator of the snowmobile on which you were a passenger, a trail association, the snowmobile manufacturer), you may also be able to file a personal injury lawsuit against them. In a personal injury lawsuit, you can claim compensation over and above what you receive in no-fault benefits, such as damages for physical and emotional pain and suffering and damages for future care and future wage loss.
Gathering Evidence to Prove Your Snowmobile Accident Case
Evidence is crucial, regardless of the type of claim. In both a no-fault benefits claim and a lawsuit, you must prove the nature and extent of injuries caused by the snowmobile accident. In a lawsuit, you must also provide evidence to prove liability—in other words, proof that someone else was at fault or bears responsibility at law.
Depending on the circumstances, evidence needed for your case may include:
Names, contact information, and insurance details from anyone else involved in the accident
Names and contact information of anyone who witnessed the accident
Photographs and videos from the scene of the accident, including where the snowmobile(s) came to rest, and any relevant features (e.g., an obstruction on the trail or other hazard that played a role in the accident)
Photographs and videos of your visible injuries
Physical evidence such as your helmet, your clothing, or other safety gear, and the machine itself—especially if your claim is against the snowmobile manufacturer
Police report
Ambulance report
Eyewitness statements
Report from an accident reconstruction specialist to provide expert evidence on how the snowmobile accident occurred
Medical records, including hospital records, your doctor’s clinical notes, X-rays, etc.
Expert medical reports with respect to your injuries (e.g., a report following an independent medical examination by an orthopedic specialist; a report from a psychiatrist with respect to psychological injuries)
Documents to prove income loss, such as paystubs, income tax returns, and/or an expert report from an economist on the value of your future income loss
It can be difficult to know what evidence you’ll need, and even tougher to gather evidence when you’re coping with injuries. It’s highly recommended that you reach out to a Barrie and Collingwood personal injury lawyer at our firm as soon as possible for advice and assistance.
Barrie, Collingwood, Midland, and Innisfil Snowmobile Accident Lawyer
Midland, Collingwood, Barrie, Innisfil, and surrounding Ontario area residents are welcome to contact Littlejohn Barristers for guidance and practical legal advice following a snowmobile accident that caused serious injury or death.
At Littlejohn Barristers, we understand the complexities of snowmobile accidents and can help you navigate the legal process, including gathering and preserving evidence to strengthen your claim. If you or a loved one have suffered a debilitating injury in a snowmobile accident, one of our lawyers can help you claim accident benefits and file a lawsuit to ensure you get the compensation you deserve.
To set up a free, no-obligation consultation with one of our experienced Barrie injury lawyers, or to learn more about the services offered by our personal injury law firm, we welcome you to contact us today.