Things You Need To Know About Snowmobile Accidents

Snowmobiling can be fast-paced and exhilarating. Unfortunately, snowmobile accidents seriously injure Ontarians every winter.

If you are injured in a snowmobiling accident – even if you are at fault for the accident – you should speak to a personal injury lawyer who is experienced in dealing with snowmobile claims. In Ontario, people whose injuries are caused by the ownership, use, or operation of a snowmobile are able to recover similar compensation available to people injured in motor vehicle accidents.

Snowmobile use is governed by the Motor Snow Vehicles Act and snowmobiles are considered “motor vehicles” under the Insurance Act.

The Motorized Snow Vehicles Act stipulates that snowmobiles in Ontario must be insured if they are used outside the land occupied by the owner of the vehicle. If you are injured in a snowmobile accident, you can apply for no-fault accident benefits from your insurer, even if you caused the collision.

You may be eligible to receive insurance coverage for medical and rehabilitation, attendant care, housekeeping and caregiving expenses, as well as weekly compensation for your income loss. If the snowmobile is not insured, you may be able to claim accident benefits from the Ontario Motor Vehicle Accident Claims Fund, which compensates people injured in car accidents where no other insurance is available.

If someone else caused your injuries through their ownership, use or operation of a snowmobile, you can commence a “tort” lawsuit against the person who harmed you to recover damages for your pain and suffering, lost income, extraordinary medical expenses and costs for your future care as a result of your injuries and impairments. Family members of people who are seriously injured in snowmobile accidents may also have a legal claim against the person who caused the accident.

If a snowmobile causes injury because it malfunctions or its parts are defective, you may have a claim against the manufacturer of the snowmobile and/or the distributor that sold the snowmobile.

Applications for accident benefits and tort lawsuits in Ontario are governed by strict timelines. You need to advise your insurance company within one week of the accident and need to send in your application for accident benefits within one month of receiving the package from your insurance company. You also have to notify the person who caused your injuries if you intend to start a tort lawsuit against them and need to start your lawsuit within two years of the date of the accident or you will not be able to recover any compensation.

There are many deadlines, forms, and procedures to be followed with accident benefits and tort claims for snowmobile accident victims. Hiring a personal injury lawyer who understands and is familiar with this system shortly after your accident will help you access all of the benefits that you are entitled to within the relevant time limits.


by Lara Fitzgerald-Husek

Being Safe Around Thin Ice: Checking Ice Conditions

Whether it is ice skating, ice fishing, or the newest winter trend of kite skiing, Canadians have always enjoyed venturing out onto frozen lakes or ponds. While these activities can bring countless hours of family fun, it is important to be aware of the potential dangers of venturing out on ice.

Ice is never 100% safe. However, there are times when it is less safe than others. Before stepping foot on ice, you should always check the temperature outside. It is important to think in terms of temperature rather than dates when deciding if ice is safe. The winter of 2015-2016 has been uncharacteristically mild and just because the ice was safe this time last year does not mean it will be safe again this year.

Even if there are cold temperatures, other factors can also affect ice conditions. The wind can create a wave action in the water causing ice to break up. Additionally, many believe that snow on a frozen surface makes the ice surface stronger. This is a myth. Snow acts as an insulting blanket and can actually hinder ice formation and growth. A sudden drop in air temperature can also affect ice stability as it can create cracks to form in the ice. Even ice that appears thick can be weak. This is known as “rotten ice.” This ice has frozen and thawed repeatedly, making it potentially fragile even when it appears solid.

While some sections of ice may appear to be stable, ice conditions can vary drastically and within close proximity. When in doubt about ice conditions, do not venture out! You can always contact local ice fishing hut providers for the latest conditions as they perform ice-thickness checks daily.

by Liane Shepley