Snowmobile Accidents on Recreational Trails: Legal Rights and Responsibilities

Recreational snowmobile trails in Ontario are a vast, interconnected system. It may surprise you to learn that about 60% of Ontario Federation of Snowmobile Clubs (OFSC) trails cross private property. The other 40% of OFSC trails that are on public land heavily depend on access to and from trails on private land.  

Snowmobile operators who use the trails have responsibilities to ride legally and safely. Those in charge of the trails also have responsibilities to groom and maintain them to reduce the risk of harm. Let’s talk about the legal aspects of snowmobiling on recreational trails and discuss legal rights if you or a loved one has been hurt in a snowmobile accident on a recreational trail.  

Trail Permits and Trespassing 

The Ontario snowmobile trail network exists because private property owners are willing to enter into a Land Use Agreement to allow a designated corridor for snowmobile use only. The Land Use Agreement is between the property owner and local snowmobile clubs or districts. The agreement defines exactly where the OFSC trail must go.

Snowmobiles must display a valid Snowmobile Trail Permit to legally cross the property of these landowners during the winter months on a designated OFSC trail.  

You should not snowmobile off marked trails. Any deviation from a designated trail is illegal trespass. Venturing off a designated trail is extremely risky, as you may encounter hidden hazards or dangerous conditions. If you get hurt, an insurance policy that may have otherwise covered the incident may specifically exclude coverage for snowmobile accidents occurring off designated, marked trails.  

Insurance Coverage for Incidents Related to Snowmobile Trails 

Ungroomed trails and poor trail maintenance are two significant factors in snowmobile accidents. If you are hurt in a snowmobile accident because a trail wasn’t properly groomed or maintained, you have the right to bring a personal injury claim against the person or group responsible for the trail’s condition. 

The OFSC holds comprehensive liability insurance coverage for incidents related to designated snowmobile trails. That coverage protects landowners who have entered a Land Use Agreement from personal liability for accidents or incidents on their private property. The liability insurance also covers OFSC’s clubs and volunteers responsible for maintaining and grooming the trails.   

If you are hurt in a snowmobiling accident caused by improper maintenance of a designated trail, your personal injury claim would involve the OFSC’s insurer. This is a unique aspect of snowmobile accident claims in Ontario. Usually, if you are injured on someone else’s property due to negligence, unreasonable hazards, or unsafe conditions, you bring a personal injury claim against the property owner and the property owner’s insurance company would respond to your claim.  

The question of who is responsible and who to sue can be very complex, especially if another snowmobiler or motor vehicle driver was involved. A skilled Barrie, Collingwood, and Midland personal injury lawyer at Littlejohn Barristers can review your case and determine each party that should be named in your personal injury lawsuit.  

Proving Liability for Incidents Related to Snowmobile Trails 

The right kinds of evidence will be essential to prove liability in your personal injury lawsuit. Photographs and videos from the scene of the accident, including where the snowmobile(s) came to rest, and any relevant features showing the lack of proper trail maintenance (e.g., an obstruction on the trail or other hazard that played a role). Eyewitness statements and reports from an accident reconstruction specialist may also be necessary to establish how the snowmobile accident occurred and who was at fault.  

Assumption of Risk and Liability Waivers 

When you purchase a permit to access a recreational OFSC Prescribed Trail, you are deemed to have accepted an assumption of risk and the conditions of release and waiver of liability. That being said, you should never assume that the release and waiver definitively remove your right to bring a personal injury lawsuit. You should speak to a personal injury lawyer as soon as possible to discuss the enforceability of the waiver and your legal options.  

Speak with a Barrie and Midland Personal Injury Lawyer 

Midland, Collingwood, Stayner, Bradford, Alliston, Tottenham, Orillia and surrounding areas are served by the team of personal injury lawyers at Littlejohn Barristers. If you or a loved one has suffered serious injuries in a snowmobile accident, one of our lawyers can help you claim accident benefits. You may also have the right to file a personal injury lawsuit to get compensation for your injuries.   

We understand the complexities of snowmobile accidents and can help you navigate insurance coverage and liability issues. To set up a free, no-obligation consultation with an experienced snowmobile lawyer, or to learn more about the services offered by our Barrie personal injury law firm, we welcome you to contact us today.