New Brunswick Snowmobile Accident Lawyers

Snowmobile crashes in New Brunswick happen on groomed trails, on frozen lakes and at road crossings, often at night. A New Brunswick snowmobile accident lawyer works out which of those settings applies first, because the insurance and the defendants change with it.

The Two Years Run From the Date of the Crash

The Limitation of Actions Act, SNB 2009, c L-8.5 gives two years from discovery of the claim (section 5(1)(a)). A sled crash is discovered when it happens, so count from the date of the collision, not from the date a diagnosis is confirmed. There is a fifteen-year ultimate period under section 5(1)(b) that no delay in discovery can extend. Section 18 holds the period in suspense while the injured person is under the age of majority.

The Off-Road Vehicle Act Governs Sleds and the Auto Cap Rarely Applies

Snowmobiles are governed by the Off-Road Vehicle Act (NB), the same statute that covers ATVs. It sets where a sled may be operated, the equipment it must carry and who may drive it. The civil claim is a negligence claim against the operator, and sometimes the owner, the trail club or the person who set a crossing. New Brunswick’s minor injury cap and Section B benefits under the Insurance Act are features of automobile insurance. They reach a snowmobile claim only where an automobile or an auto policy is involved, for example a truck striking a sled at a road crossing. Ask us which policies respond before assuming the cap applies.

The Claim Goes Through the Court of King’s Bench in Set Steps

The claim is issued in the Court of King’s Bench of New Brunswick, Trial Division, and tried by a judge alone in most cases. Steps: demand letter, statement of claim, affidavit of documents, discovery of each party, expert reports, mediation, trial. Snow melts and trails change, so we inspect the site and collect GPS or trail-map evidence before spring. Where you shared the blame, our post on a personal injury claim when partially at fault explains how the award is divided.

Sled Liability Is Insured Through Off-Road or Home Policies, with WorkSafeNB and Medicare Alongside

Sled liability is commonly insured through a snowmobile policy or the owner’s home policy, and trail passes sometimes carry club coverage. A worker hurt on a sled during employment, for example a lineman or a guide, may be under WorkSafeNB and unable to sue the employer, while retaining a claim against any third party outside the scheme. The province, through Medicare, may recover the cost of the injured person’s care from the wrongdoer as part of the lawsuit.

Claims from the north, the Miramichi and the south shore are all run from the Moncton office. The Saint John office also takes them.

I Went Through the Ice. Is Anyone Responsible?

Possibly. A lodge, club or guide that directed riders across ice they should have known was unsafe can be liable. A rider who chose their own route across open water generally cannot claim against anyone else.

The Sled Belonged to a Friend. Who Do I Sue?

The operator whose driving caused the crash, and the owner where the policy or the lending of the machine makes them liable. The claim is paid by insurance, not by your friend personally, where a policy responds.

What Does a New Brunswick Snowmobile Accident Lawyer Do About Trail Conditions?

We obtain the grooming logs, the signage records and the club’s incident reports. We photograph the crossing or the hazard before the season ends.

Does Speed on a Groomed Trail Count Against Me?

Excess speed by the injured rider reduces the award by their share of fault. It does not defeat the claim where another party was also negligent.

Reported results are on the best injury results page, and all claim types are on the injury law areas hub. A New Brunswick snowmobile accident lawyer at this firm charges no fee unless you recover.