Motorcycling, bicycling, snowmobiling, skiing, or snowboarding offer exhilarating experiences, but each comes with inherent risks. Unlike the protective enclosure of a car, participants in these activities are more exposed, making the proper use of protective gear not just a recommendation but a critical element in mitigating injury severity.
Whether you were wearing proper protective gear or not when you got hurt can also make a difference with your personal injury claim in Alberta. Keep reading to find out why.
For more information, contact Grover Law Firm for a free consultation. We admire sports-lovers’ and riders’ commitment to their passion, and we want to see you recover physically, financially, and emotionally to get back to the activities you love.
The Risks and Rider/Participant Vulnerability
Motorcycle, bicycle, and snowmobile accidents, as well as skiing and snowboarding incidents, often result in severe injuries due to the minimal physical barrier between the individual and the ground, obstacles, or other vehicles and participants. Generally, these types of accidents can result in severe injuries, especially in cases of excessive speed.
Statistics show that motorcycle riders make up a disproportionately high percentage of road user fatalities. Similarly, ski hills and trails, though governed by safety codes, see numerous serious injuries each winter. These often involve collisions with other skiers/snowboarders, falls, or impacts with objects.
Despite all precautions, getting into an accident while participating in such activities can lead to a range of serious injuries, such as:
- Road/slope rash: Abrasions from sliding across surfaces, ranging from superficial to severe, sometimes requiring skin grafts; they can also cause soft-tissue injuries
- Head injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs) can happen even with helmet use, particularly in a high-impact accident
- Broken bones: Fractures of limbs, ribs, pelvis, and spine are common due to direct impact forces or twisting motions
- Spinal cord injuries: These can lead to paralysis and permanent disability
- Internal injuries: Serious damage to organs may not be immediately apparent
- Joint injuries: Sprains, dislocations, and ligament tears in knees, shoulders, and wrists are frequent, especially in skiing/snowboarding
While protective gear reduces the risk and severity of these injuries, no safety gear can offer absolute protection. If you or a loved one has been injured in an accident while motorcycling, bicycling, snowmobiling, skiing, or snowboarding in Alberta, you may be entitled to fair compensation for your injuries and damages – regardless of your share of fault or the protective gear you wore.
Beyond physical protection, individuals who consistently wear appropriate protective gear demonstrate a clear commitment to their own safety and adherence to responsible participation practices. This demonstration of care can be highly beneficial in a personal injury claim, influencing how insurance companies or the courts evaluate the case and determine the compensation you may receive.
Helmet Laws in Alberta
Helmet laws and recommendations are fundamental to safety regulations and have a direct bearing on personal injury claims across various activities.
- Motorcycles: In Alberta, it is mandatory for all motorcycle riders to wear helmets. This is a non-negotiable legal requirement, except for bona fide members of the Sikh religion over the age of 18 who wear turbans. Helmets must meet specific safety standards (CSA, DOT, Snell, BSI, or UNECE Regulation 22-05).
- Bicycles: While helmet laws for adult cyclists vary by province, in Alberta, cyclists under 18 years of age are required to wear helmets. For adults, while not legally mandated, wearing a helmet is strongly recommended as a best practice to protect against head injuries.
- Snowmobiles: Helmets are mandatory for snowmobile operators and passengers on public land and certain trails in Alberta.
- Skiing and snowboarding: While not universally mandated by law on all slopes, helmets are strongly recommended and widely worn by skiers and snowboarders. Some resorts encourage or require helmet use for certain activities or ages.
Helmets are incredibly effective at significantly reducing the risk of head injuries, including traumatic brain injuries, which can have life-altering consequences. According to Parachute.ca, wearing a properly fitted bicycle helmet “decreases the risk of a serious head injury by as much as 85 percent and brain injury by 88 percent.”
Your compliance with helmet laws or adherence to best practices for helmet use demonstrates responsible conduct in a personal injury claim. Not wearing a helmet, though, can be used by the opposing side to argue contributory negligence, potentially reducing the amount of compensation you can be awarded.
On the other hand, even without having worn a helmet, an injured individual might still be eligible to file a claim. However, full recovery might be more challenging if it’s shown that the person’s injuries were exacerbated by the helmet’s absence.
Beyond Helmets: How You Can Protect Yourself
Injury prevention is essential for participants in these activities, and wearing the full complement of protective clothing is the most effective way to minimize injury risks. Beyond the helmet, proper gear provides significant protection against common and often debilitating injuries for motorcycle riders and other sporty adventurers.
Consider your hobbies and preferred mode(s) of transportation and how you can take precautions to protect both yourself and your rights:
- Motorcycling: Jackets and pants made from abrasion-resistant materials (leather, specialized synthetics) prevent road rash and offer impact protection. Full-fingered, durable gloves protect the hands. Sturdy, over-the-ankle boots protect both the feet and ankles. Eye protection (face shields, goggles) is critical. Reflective tape on safety gear and the motorcycle itself enhances visibility.
- Bicycling: Beyond helmets, cyclists benefit from gloves for grip and hand protection, padded shorts for comfort and reducing friction, and bright or reflective, highly visible clothing to enhance their presence on the road. Eye protection from debris is also a crucial piece of self-protection.
- Snowmobiling: In addition to helmets, snowmobilers need insulated, waterproof suits, gloves, and boots for protection against cold, impact, and abrasion. Goggles or face shields keep your vision clear in varying conditions.
- Skiing and snowboarding: Beyond helmets, wrist guards, padded shorts, and back protectors can absorb impact from falls. Waterproof, insulated jackets and pants, along with gloves and goggles, are essential for protection from elements and potential impacts.
Other preventive measures include proper training, adherence to all relevant rules and laws (e.g., traffic laws for cyclists, responsibility codes), and maintaining a high level of awareness. Do all of the above for a significant reduction in your risk of severe injury.
The Power of Effective Safety Equipment
Investing in effective safety equipment is an investment in your well-being. Beyond simply wearing protective gear, choosing suitable quality items is critical for safely participating in each activity.
Consider these guidelines when looking for the right equipment for injury prevention:
- Helmets: Helmets must meet recognized safety standards specific to the activity (e.g., motorcycle, bicycle, snow sports standards). For motorcycling and snowmobiling, full-face helmets offer superior protection.
- Layering of durable materials: For motorcycling, opt for leather or specialized textiles with integrated armour. For snowmobiling and snow sports, insulated, waterproof, and breathable materials are crucial.
- Hand and foot protection: Wear durable, full-fingered gloves for grip and protection in all activities. Sturdy, ankle-covering boots help with motorcycling or snowmobiling, and specific ski/snowboard boots provide proper support and connection to equipment.
- Eye and face protection: Face shields for full-face helmets or goggles for open-face helmets protect riders from impacts, debris, and elements can save your sight.
- Enhanced visibility: Bright colours and reflective elements on safety gear are vital for motorcyclists and cyclists, especially at dawn, dusk, or night.
The right gear does more than just protect in a crash or fall; it can also improve comfort, reduce fatigue, improve grip, and enhance control, subtly reducing the risk of an accident occurring in the first place.
Seek Legal Assistance for Safety Gear Injury Claims
Navigating the aftermath of an accident and filing a personal injury claim can be incredibly complex. This is where professional legal assistance is essential.
Even if you were not wearing enough protective gear to minimize your injuries or you happen to share some of the fault, there may be a way for you to receive a fair sum of damages. A dedicated personal injury attorney, experienced in various types of accident claims in Alberta, can provide invaluable guidance and assistance.
Your attorney can help you by:
- Explaining your rights: Detailing your entitlements under applicable Alberta laws and insurance systems
- Investigating the accident: Gathering evidence, interviewing witnesses, and reviewing reports to establish fault, where applicable, for any potential tort claim
- Documenting damages: Ensuring all medical reports, rehabilitation plans, lost wage statements, and other financial losses are thoroughly documented to maximize your claim
- Negotiating with insurance companies: Handling communications with insurance companies, who often aim to minimize payouts, to advocate for your best interests
- Navigating contributory negligence: Effectively addressing any arguments of contributory negligence raised by the opposing party or insurer, leveraging evidence of protective gear use and safe practices
- Representing you in legal proceedings: If an out-of-court settlement cannot be reached, your attorney will represent you in negotiations, mediation, or, if necessary, before a judge and possibly a jury
The right legal assistance can make a significant difference in the outcome of a personal injury claim and the amount of fair compensation awarded, ensuring that injured parties receive the support they deserve for their recovery and future well-being.
Wear Protective Gear to Protect Yourself and Your Rights
Remember, the use of safety gear significantly minimizes risk factors, limits the severity of soft-tissue injuries, reduces the likelihood of fractures and dislocations, and more. Wearing proper protective gear can also ensure that you have the best possible chance of receiving compensation in the event of an accident.
Don’t let your life be turned upside down by life-changing injuries you can’t afford to cover. Take injury prevention measures now to keep you and your loved ones safe. It may not be too late to start wearing helmets and other protective gear regularly.
At Grover Law Firm, we help snowmobile, skiing, snowboarding, bicycle, and motorcycle accident victims every day. We can shed light on how protective gear impacts your personal injury claim, and our representatives are standing by 24/7 to receive your call or text. Get in touch with our dedicated, determined team now to schedule a free consultation.