After an ATV accident, New Brunswick law decides who pays. The Off-Road Vehicle Act sets the insurance rules, the common law sets liability, and Section B of a motor vehicle policy pays some bills whoever was at fault. This page explains each of those, what the claim is worth, the two-year limitation, and what to do in the first days after a crash.
Liability for an ATV Accident in New Brunswick Names Three Possible Defendants
An off-road crash can be the fault of another operator, a landowner or a manufacturer, and often more than one.
Another operator who was speeding, impaired or failed to yield on a narrow path is the usual defendant. Unlike a highway collision, the crash may be on a private woodlot, on Crown land or on a managed trail, and the first question is who owed the injured rider a duty of care. The injured rider claims general damages for pain, suffering and loss of enjoyment of life.
A landowner can be liable. Whoever controls the land must keep it reasonably safe for authorized users. An unmarked wire fence across a trail or a washed-out bridge is the kind of hidden, “trap-like” hazard that grounds a claim against the owner.
A manufacturer can be liable if a steering component snaps or the brakes fail on a nearly new machine. Product cases need engineering evidence that a design or manufacturing defect existed before the crash.
Trails change with the weather and evidence disappears within days. The firm retains accident reconstructionists early to map the scene and to preserve skid marks, debris and the broken parts for the court.
Insurance Is Mandatory Off Your Own Property and Section B Pays Regardless of Fault
New Brunswick requires insurance on any off-road vehicle operated anywhere other than the owner’s own property. Homeowner’s insurance does not cover a trail crash. Riders who assume it does get a full denial of coverage.
A standard ATV policy carries third-party liability. It pays if you injure someone else or damage their property.
Section B benefits are the no-fault part of a motor vehicle policy. You receive them whoever caused the crash. They cover a share of lost wages and treatment such as physiotherapy and massage therapy, and they start long before the tort claim resolves.
Many operators ride uninsured despite the law. If an uninsured rider hits you, the Facility Association or your own “Uninsured Automobile” coverage may respond.
The insurer will argue your injuries were pre-existing or that you were not wearing a helmet. The New Brunswick ATV accidents page covers how those arguments are met. The New Brunswick Acts and Regulations set the registration and insurance rules, and a rider who did not comply with them has a harder claim.
ATV Injuries Are Often Worse Than Car Injuries Because the Rider Is Exposed
A quad has no roll cage and no airbag. Traumatic brain injury and spinal cord trauma are common. So are compound fractures of the arms and legs, which need several surgeries and months of rehabilitation. A rider who cannot return to work may also need to claim long-term disability benefits alongside the tort claim.
Road rash and ligament tears do not show on an X-ray and can turn into chronic pain. The claim rests on medical evidence of the functional limits, not on the scan.
PTSD, anxiety and a fear of riding or driving are compensable under New Brunswick law with medical evidence to support them.
A serious injury carries costs beyond the medical bills: home modifications, adapted transport and future care. Those are claimed as special damages and have to be priced for a lifetime.
Where a crash is fatal, the family claims under the Fatal Accidents Act for funeral costs and lost financial support. The fatal accidents page explains that claim.
Six Steps in the First Days Decide the Evidence
Get medical attention at once. Adrenaline hides concussions and internal injuries for hours.
Photograph the scene if you can: the position of the vehicles, the trail conditions, the signs and the hazard. Photographs are the most persuasive evidence in a settlement negotiation.
Exchange names, phone numbers and policy details with everyone involved. Get contact details for any riders or hikers who saw the crash. A neutral witness strengthens the claim later.
Report the crash to the police or the Department of Natural Resources where the law requires it. In New Brunswick a crash causing injury or significant property damage must be reported, and the report becomes the base of the claim.
Do not admit fault at the scene. An apology becomes evidence for the adjuster. Give the facts to the authorities and leave liability to your lawyer.
Talk to a lawyer before you give a statement to an adjuster. The adjuster’s job is a quick, cheap settlement. The firm takes over all contact with the insurer so nothing you say is used against the claim.
How an ATV Accident Lawyer New Brunswick Calculates Damages
Damages come in two types. General damages cover non-monetary loss such as pain and suffering. The Supreme Court set a cap on general damages, adjusted for inflation, that applies only to the most severe injuries. Your lawyer uses prior decisions on similar injuries to set the range for yours.
Special damages are the countable losses. Lost wages run from the crash to trial or settlement. If you cannot return to your trade, loss of future earning capacity is added. Prescriptions, equipment, travel to appointments and household help are recoverable. Keep a log and every receipt.
For a permanent disability, cost of future care covers lifetime nursing, therapy and supplies. Life-care planners and economists price it, allowing for inflation and the cost of health care over the years.
Most Claims Settle, and the Rest Go to the Court of King’s Bench
Negotiation or mediation resolves most ATV claims. If the insurer will not pay a fair amount, the claim is filed by Statement of Claim in the Court of King’s Bench.
Discovery follows. Both sides exchange documents and answer questions under oath. You are prepared before you sit for it.
The limitation period is two years, counted from the day the injury was known or ought to have been known. Miss it and the claim is usually gone for good.
The firm is led by Michael B. Murphy, KC, a former Attorney General, and appears in Moncton, Saint John and Fredericton. Insurers know which firms take cases to trial, and that changes the offers they make from the start.
The firm works on a “no win, no fee” basis. It funds the filing fees and the expert reports. You pay legal fees only if it recovers money for you by settlement or award.
Local Trail Rules and Local Courts Shape an ATV Case
New Brunswick trail networks, weather and dealerships all bear on liability. A crash on a New Brunswick All-Terrain Vehicle Federation (NBATVF) trail can involve trail pass rules and liability waivers that a lawyer from outside the province would miss.
Offices in Moncton and Saint John let the firm meet clients in person and visit the crash site. Whether the injury came from a car accident or an off-road crash, the firm has appeared before the judges who will hear it.
The laws for off-road vehicles differ from the laws for the highway. The firm’s reported decisions are listed on the best injury results page.
FAQ
Do I Need a Lawyer If the ATV Accident Happened on My Own Property?
If a mechanical defect or someone else’s negligence caused the injury, you may still have a claim against the manufacturer or under a guest’s insurance. Negligence law applies on private land, and the cost of the injury is the same.
What If I Wasn’t Wearing a Helmet During the Crash?
Helmets are mandatory for off-road operators in New Brunswick. Without one, the defendant will argue contributory negligence, meaning your own conduct made the injuries worse. You can still recover, but the award may be reduced. The goal is to limit that reduction as much as the evidence allows.
How Long Does an ATV Accident Lawsuit Usually Take?
Most cases take between 12 months and three years. Do not settle before your medical condition has plateaued, because the full extent of the injury may not be known for many months and a release ends the claim.
Can I Claim Section B Benefits for an ATV Accident?
Yes, if the ATV was insured under a standard motor vehicle policy. Section B covers medical costs, rehabilitation and a share of lost income. The firm completes the forms and presses the insurer to pay on time.
What does “no win, no fee” actually mean?
A contingency fee agreement. No hourly rates and no retainer. The fee is a percentage of the settlement or award, and if there is no recovery there is no fee.