Aug 09, 2025 in News Motorcycle Accidents

Motorcycle Accidents: ATV and Dirt Bike Injuries Are on the Rise in Ontario: Know Your Legal Rights

A Guide to Understanding Your Legal Options, Accident Benefits, and Compensation After an Off-Road Vehicle Accident in Ontario

As Ontario’s trails and cottage roads come alive in spring and summer, more people are heading outdoors on ATVs and dirt bikes. These off-road vehicles offer freedom and adventure—but they also come with serious risks.

In recent years, injuries related to ATV and dirt bike use have surged across the province, often leaving victims and their families dealing with life-altering physical, emotional, and financial burdens.

At Neinstein Personal Injury Lawyers, we help injured Ontarians understand their legal rights and pursue the compensation they deserve. If you or someone you love has been hurt in an off-road accident, here’s what you need to know.

The Alarming Trend in Ontario: ATV and Dirt Bike Injuries Are Surging

Reports from across Ontario show that off-road vehicle injuries are rising, especially in spring and summer when people use them for fun. Parachute Canada, a major national charity that works to prevent injuries, says that most ATV-related hospitalizations happen to men under 25 and are usually caused by high-speed crashes, rollovers, or losing control.

Data from Ontario trauma centres and emergency departments also support the rise in injuries. Doctors say they are seeing more patients with traumatic brain injuries, spinal cord damage, damage to internal organs, and broken bones as a result of accidents involving off-road vehicles. Rural areas are especially dangerous because they are less likely to enforce helmet laws and licensing rules.

If you're unfamiliar with Ontario’s legal requirements for motorbikes and dirt bikes, it’s worth reviewing our in-depth resource here: Legal Requirements for Motorbikes and Dirt Bikes in Ontario

Key Factors Behind the Rising Number of ATV and Dirt Bike Accidents

Understanding why these accidents are happening is essential for prevention—and for identifying potential liability if you or someone you care about is injured. Common contributing factors include:

• Inexperienced riders, especially youth and teens
• Lack of proper training or safety gear, including helmets and protective clothing
• Speeding, stunt riding, or reckless operation
• Substance use while operating the vehicle
• Unsafe or poorly maintained trails and private properties
• Malfunctioning or defective equipment, including brakes and tires
• Collisions with other off-road vehicles or stationary objects

In many of these scenarios, the accident could have been prevented. When negligence is involved, you may have a strong case for compensation. Working with an experienced bike accident lawyer will help determine where fault lies and whether a claim is possible under Ontario law.

Legal Rights After an Off-Road Vehicle Accident in Ontario: What Every Rider Should Know

In Ontario, dirt bike and ATV riders are covered under a combination of statutory accident benefits (via their automobile insurance) and potential tort claims if another party was responsible for the injury.

You may be entitled to:

• Medical and rehabilitation benefits (e.g. physiotherapy, surgery, counselling)
• Income replacement benefits if you can’t return to work
• Attendant care benefits for in-home personal support
• Housekeeping and home maintenance support
• Death and funeral benefits in fatal cases

Sadly, many victims are unaware of all their rights. Insurance companies may deny, delay, or limit access to these benefits, especially when minors, unregistered vehicles, or private property are involved.

Our blog post about dirt bike accident benefits disputes explains how and why insurance companies deny claims and what you can do to challenge their decisions.

Don't just trust what the insurance company says about the law if you've been hurt. To protect your rights, consult with a reputable Bike Accident Lawyer in Toronto from Neinstein.

Who Can Be Held Liable in an ATV or Dirt Bike Accident?

Determining liability in an off-road crash isn’t always straightforward. Responsibility could lie with:

• The driver of the vehicle (if they were drunk or careless)
• The owner of the property or the trail manager (if the conditions are unsafe)
• The maker of the car or the dealer (if a defect caused the crash)
• Another driver or rider (in cases of a crash or reckless driving)
• If a minor drove the car without permission, parents or guardians

Victims can sometimes sue for pain and suffering, lost wages, and out-of-pocket costs in civil court. This differs from your accident benefits and can result in significant financial compensation, particularly if the injury or disability is permanent.

To understand the legal landscape better, we recommend reading this recent case study on how Motor Accident Victims in Ontario narrowly avoided a damaging legal precedent.

Special Legal Considerations for Children and Teen Riders

In Ontario, children under 16 are not permitted to ride ATVs or dirt bikes on public roads or trails, regardless of whether the vehicle is registered or insured. However, many kids ride on private property, and they often don't wear helmets, receive training, or have someone supervise them.

Sadly, insurance may not cover a child who gets hurt while driving a car illegally or dangerously. But a competent Personal Injury Lawyer in Toronto can look at your case and find other ways for you to be compensated, like product liability or negligence claims.

Visit the Government of Ontario's official ATV and Off-Road Vehicle page for the most up-to-date information on safety rules and licensing.

The Emotional and Financial Toll: Why Expert Legal Help Is Essential

ATV and dirt bike accidents often leave families with long-term emotional and financial problems, in addition to the physical injuries. These could be

• Long stays in the hospital and many surgeries
• Ongoing physical therapy or occupational therapy
• PTSD and psychological trauma
• Not being able to go back to work or losing money
• These are costs that you must pay out of pocket because your insurance does not cover them.

At this point, it is crucial to collaborate with a law firm that has extensive experience, such as Neinstein Personal Injury Lawyers. A dedicated Bike Accident Lawyer or Personal Injury Attorney will not only help you understand your rights, but they will also be a strong advocate for you.

How Neinstein Personal Injury Lawyers Can Support You Through Recovery

For over 55 years, Neinstein Personal Injury Lawyers has helped thousands of Ontarians recover after life-changing injuries. We’re known across Canada for our legal experience, client-first approach, and proven results.

We offer:

• Free consultations
• No legal fees unless we win
• Access to trusted doctors and rehab providers
• Deep experience with ATV, motorcycle, and dirt bike injury cases
• Strong litigation support if your case proceeds to trial

No matter where your accident occurred—on a trail, at a cottage, or on private property—our team will investigate your claim and fight for the full compensation you’re owed.

Our services include:

• Free consultations with no obligation
• No upfront fees — we only get paid if you win
• Connections to top medical and rehab professionals
• Specialized knowledge in ATV, motorcycle, and dirt bike injuries
• Powerful litigation support if your case goes to court

Our team of Personal Injury Lawyers in Toronto has represented numerous ATV and dirt bike accident victims across the province. Whether your injury occurred on a trail, a farm, or private land, we will investigate, advise, and advocate for the maximum compensation available.

Stay Safe and Stay Informed—But Know That Help Is Available

Ontario’s rugged terrain and off-road trails offer adventure, but they come with real risk. If you or someone you love is injured in an ATV or dirt bike accident, you don’t have to navigate the legal and insurance systems alone.

Contact Neinstein Personal Injury Lawyers today for a free, no-obligation consultation. We’ll help you understand your options and fight for the justice and compensation you deserve.