Experienced Snowmobile Accident Lawyers Fighting For Compensation For Victims

Snowmobile Accident Claims in Nova Scotia: Your Advocate

Few activities are more enjoyable than snowmobiling in the wintertime. Snowmobiling is a great outdoor activity but comes with several dangers. A fun day out can quickly become a nightmare, and many people in Nova Scotia are injured in snowmobile accidents each year. You may be entitled to compensation if you have been injured in a snowmobile accident caused by another party’s negligence.

The snowmobile accident lawyers at McKiggan Hebert Lawyers have extensive experience helping the injured secure the compensation they deserve. Don’t deal with the stress of a personal injury claim on your own—let us handle your case so you can concentrate on recovering from your injuries. Take the first step toward seeking justice by calling (902) 706-2298 to schedule a free, no-obligation consultation with our team today.

Determining Liability in a Snowmobile Accident

Operator Negligence

In many snowmobile accident cases, operator negligence is the primary factor. Negligence, in legal terms, involves failing to exercise the reasonable care expected under the circumstances. Riders are responsible for following safety guidelines, maintaining a reasonable speed, staying alert, and respecting posted trail rules. When a rider ignores these obligations—by speeding excessively, ignoring signs, or driving under the influence—they may be held liable for any resulting injuries or damages.

However, even if the at-fault rider is clearly negligent, the injured party or parties bear the burden of proof. To succeed in a negligence claim, a victim must show that the defendant owed them a duty of care, that the defendant breached this duty through negligent actions, and that the breach caused the injuries. A knowledgeable lawyer can help gather evidence of the rider’s negligence, such as witness statements, photographic evidence of the accident scene, or, in some cases, event data from the snowmobile itself.

Manufacturer Defects

If the accident can be traced to a defect in the snowmobile’s design or manufacture, the manufacturer could be held responsible. This type of liability can apply whether the victim was the operator of the defective machine or a third party injured as a result of the snowmobile malfunction. Product liability cases can be complex, as victims and their legal teams must show that the defect existed when the product left the manufacturer’s control and that it directly caused the accident.

In addition to design or manufacturing defects, inadequate warnings or instructions can also form the basis of a product liability claim. For instance, if the manufacturer fails to provide clear guidance on safe handling, recommended maintenance, or proper usage of the snowmobile, and this omission leads to an accident, liability may arise. If you suspect a defect played a role in your collision, consulting an experienced lawyer is essential to preserving the machine for inspection and ensuring critical evidence is not lost.

Trail Maintenance Responsibility

Some snowmobile trails in Nova Scotia are operated or maintained by clubs or organizations. In these instances, questions about trail maintenance and signage can arise. Suppose the trail manager fails to remove hazards, patch up dangerously uneven surfaces, or erect warning signs about known dangers. In that case, they may bear partial responsibility for an accident that occurs under those conditions.

That said, not all trails are subject to the same level of oversight. Some routes might be on private land, others on Crown land, and each setting may have different regulations or owners. Determining who is in charge of a particular portion of the trail can be challenging. Moreover, these organizations often rely on volunteers and limited funding, which might affect their ability to patrol trails regularly or keep them consistently well-maintained. Nonetheless, if a responsible entity has clearly neglected to address a known danger, this negligence can factor into liability.

Relevant Laws and Snowmobile Injuries

Motor Vehicle Act (Nova Scotia), R.S., c. 293, s. 1

Although snowmobiles are off-highway vehicles, certain provisions of the Motor Vehicle Act may apply if the accident occurs on or near a public roadway or if a car or truck is involved. The Act sets out various rules about vehicle operation, licensing, and, in some contexts, insurance coverage. In accidents involving both snowmobiles and automobiles, determining which rules apply can be complex and may affect liability.

Off-Highway Vehicles Act (Nova Scotia), R.S., c. 323, s. 1

The Off-Highway Vehicles Act is likely the most directly applicable statute for snowmobile accidents in Nova Scotia. This Act outlines the registration requirements, licensing obligations, insurance mandates, and safety rules for snowmobiles and other off-highway vehicles (such as ATVs and dirt bikes). It also addresses where off-highway vehicles may be operated and under what conditions, including trail usage and age restrictions for operators.

Violations of the Act—such as operating an unregistered or uninsured snowmobile, failing to wear a helmet, or riding in prohibited areas—can significantly impact a liability assessment. If one of the parties to an accident violated the Act, their breach may serve as strong evidence of negligence, thereby influencing the outcome of a personal injury claim.

Compensation Available to Victims

Non MSI Covered Medical Expenses

Snowmobile accidents can result in an array of serious injuries, including broken bones, head trauma, spinal cord injuries, and even amputations. The medical bills associated with these types of injuries can be immense. From ambulance rides to surgeries, hospital stays, rehabilitation, and physiotherapy, costs can accumulate quickly. Victims often require specialized care, prosthetics, or assistive devices, especially if they have sustained a permanent disability.

In a successful personal injury claim, victims may recover compensation for current and future medical expenses that are not covered by the public health care provider. Courts in Canada recognize that some injuries have long-term or even lifelong impacts, so settlement negotiations or court awards generally take future costs into account. Proving these damages usually involves gathering comprehensive medical records, receipts, and expert reports.

Lost Income

Injuries from a snowmobile accident can also force victims to take time off work. If an injury is severe enough, an individual may be unable to return to the same line of work. The period of lost income might range from a few weeks to several months or even years. Some victims may face diminished earning capacity if they can no longer perform essential duties of their job, requiring them to shift careers or accept lower-paying work.

If another party is liable for the accident, the victim can seek compensation for lost wages and any future reduction in earning capacity. Calculating these losses generally involves looking at the victim’s employment history, salary, and the broader job market. Economic experts might be called upon to provide an opinion about future earning potential.

Loss of Housekeeping and Other Valuable Services

Maintaining a home requires physical activity that snowmobile accident victims may be unable to perform. If you were forced to hire professionals for basic necessities like cleaning, laundry services, and more, you may be able to claim compensation.

Victims with severe injuries may never be able to maintain their homes at the same level again. If you require professional assistance long-term, you can calculate your expected expenses and ask for compensation to pay for those services.

Pain and Suffering

In Canada, victims of personal injuries are also permitted to seek damages for pain and suffering. These non-economic damages acknowledge the emotional distress, loss of enjoyment of life, and psychological harm an accident can cause. Snowmobile accidents may lead to chronic pain, mobility challenges, or mental health conditions like post-traumatic stress disorder (PTSD). Such injuries can significantly reduce a victim’s quality of life.

Courts assess pain and suffering damages by looking at the severity of the injuries, the duration of recovery, and the potential for long-term consequences. In Nova Scotia and throughout Canada, there is a limit (or “cap”) on non-pecuniary damages for pain and suffering in most personal injury cases, which is set by Supreme Court of Canada precedent and adjusted for inflation. While this cap exists, having an experienced lawyer can help maximize your compensation within the established legal framework.

What Are the Most Common Snowmobile Accident Injuries?

A snowmobile accident can lead to a wide range of serious injuries. Some of the most common injuries include:

Facial lacerations and fractures;
Brain injuries;
Spinal cord injuries;
Neck, back, and shoulder injuries;
Knee injuries;
Broken bones;
Amputation; and
Internal injuries.

All of these injuries can lead to serious long-term consequences that drastically reduce the quality of the victim’s life. This is one of the many reasons why it’s so important to fight for the compensation you deserve.

How Do Snowmobile Accidents Occur?

A snowmobile accident can occur for several different reasons. Some of the most common causes of these accidents include:

Excessive speeding;
Operating a snowmobile while under the influence of alcohol or drugs;
Inexperience;
Operating a snowmobile while distracted;
Poor maintenance;
Recklessness; and
Poor visibility.

If you have been injured in a snowmobile accident, it’s important to determine how the accident occurred so you know who you can hold liable. If you choose to hire our law firm, we will immediately begin to investigate the accident to determine how it occurred and who can be held liable. Then, we will begin aggressively negotiating with the at-fault party in order to secure the compensation you deserve. Let us fight for compensation while you focus on recovering from your devastating injuries.

Legal Deadlines for Filing a Claim

Nova Scotia’s Limitation of Actions Act, S.N.S. 2014, c. 35, generally imposes a two-year limitation period for personal injury claims, including those resulting from snowmobile accidents. The limitation period typically starts running from the date a person becomes aware of or ought to have become aware of their injury and the potential defendant’s involvement. Missing this deadline can be fatal to a claim, effectively barring victims from recovering any compensation.

However, there are exceptions. If the injured party is a minor or does not have the mental capacity to commence legal proceedings, the limitation period may be extended. Additionally, in some rare cases, victims might not fully discover the extent of their injuries or the role of potential defendants until a later date. In wrongful death cases and when suing municipalities, the limitation period is one year. In addition, legislation and insurance contracts may require notice of a claim even sooner, so it is crucial to seek legal advice as soon as possible after an accident.

What Are the Snowmobile Insurance Requirements in Nova Scotia?

The rules regarding snowmobile insurance requirements vary from province to province. In Nova Scotia, anyone who operates a snowmobile on property that they do not own or occupy is required to have at least $500,000 in third-party liability insurance coverage, similar to auto insurance. If you are injured by a negligent snowmobile operator on another party’s property, this insurance policy should cover your injuries and property damage.

Denied Claims and Disputes

Even if coverage seems clear, insurers may deny claims or attempt to reduce payouts. Reasons for denial may include allegations of policy violations, disputes over fault, or claims that injuries are less severe than the victim reports. Adjusters might also argue that a victim’s pre-existing condition contributed to their injuries, diminishing the value of the claim.

When faced with a denied claim or an unsatisfactory settlement offer, victims can benefit greatly from legal representation. A lawyer with experience in recreational vehicle accidents will be familiar with both the Motor Vehicle Act (Nova Scotia), R.S., c. 293, s. 1, and the Off-Highway Vehicles Act, enabling them to interpret policy terms and advocate effectively on behalf of their clients. They can also negotiate with adjusters, gather medical evidence to support the claim, and, if necessary, proceed to litigation to compel fair compensation.

What to Do After A Snowmobile Accident

No one ever expects to be injured in a snowmobile accident, but it can happen to anyone, which is why you should know what to do in the event it happens to you.

Your first priority after a snowmobiling accident should be calling for help. It’s in your best interest to call for emergency help even if you do not believe you have been seriously injured. The symptoms of certain injuries may not appear immediately after an accident. It’s best to get examined by a medical professional right away instead of waiting to see if symptoms appear in the hours or days following an accident.

If possible, try to gather evidence at the scene of the accident. Take photos of the snowmobiles involved in the accident, visible injuries, and anything else that may seem relevant to your case. Ask witnesses for their contact information so you can discuss the accident with them at a later date. The more evidence you have, the better your chances are of recovering the compensation you deserve.

If you did not receive emergency medical attention, seek medical treatment as soon as possible after leaving the scene of the accident. Then, get in touch with a Personal Injury Lawyer in Halifax at McKiggan Hebert Lawyers to initiate the process of filing a personal injury claim against the at-fault party.

Next Steps for Your Case

Once you have received medical care, consider arranging a legal consultation to discuss your next steps. During this initial meeting, the snowmobile accident lawyers at McKiggan Hebert Lawyers will listen to your account of the accident, review the available evidence, such as photographs or witness contact information, and evaluate the potential strength of your claim. They will also explain your rights under Nova Scotia law, including the relevant provisions of the Off-Highway Vehicles Act, the Motor Vehicle Act, and the Limitation of Actions Act. If you decide to move forward, they will outline a strategy designed to protect your interests, whether that involves negotiating with insurance adjusters or launching a formal lawsuit.

In most personal injury cases, including snowmobile accident claims, McKiggan Hebert Lawyers operates on a contingency-fee-basis, which means you do not pay legal fees unless they secure a settlement or judgment in your favour. This arrangement helps to alleviate financial pressures so that you can focus on healing and rebuilding your life.

By acting quickly, you can help preserve evidence and ensure you meet all procedural and statutory deadlines. Snowmobile accident claims are time-sensitive: waiting too long to consult a lawyer could compromise your ability to obtain compensation. If you or a loved one has been involved in a snowmobile accident, reaching out to experienced legal counsel could be the most important step you take toward holding the responsible party accountable and securing the resources you need to move forward.

Start Your Claim Now – Schedule A Free Consultation With Our Snowmobile Accident Lawyers Right Away

Have you been injured in a snowmobile accident in Nova Scotia? If so, you could be entitled to compensation for your injuries. Let the skilled snowmobile accident lawyers at McKiggan Hebert Lawyers will review your case and help you understand your legal options. With our help, you may be able to recover compensation for your harms and losses, including your current and future medical expenses, lost wages, pain and suffering, and more.

Don’t hesitate to contact our personal injury lawyers to discuss your case. To schedule a free consultation to start your claim now, call McKiggan Hebert Lawyers today at (902) 706-2298 or submit your information using the form on this website.