I am often asked whether a person who has been injured as a result of a collision with a moose has a viable claim. You may think the answer is obvious: “of course not, moose don’t carry insurance!”
While it’s true that moose are uninsured, a passenger in a vehicle involved in a collision with a moose CAN bring a claim for personal injury.
We’ve successfully brought a few cases of this nature.
For this type of claim to succeed, you have to be able to show that the driver should have been able to avoid the moose. To do this, we have made reconstructions and also brought evidence about moose, for example, their size and the fact that they often travel in herds. This type of evidence can help to prove that, had the driver been keeping a proper lookout, he would have seen the moose and the accident could have been avoided.
Collisions involving vehicles and moose can be very serious and the injuries sustained by a driver or passenger, quite severe.
Moose are large animals, larger than the average vehicle. The point of impact in a collision involving a vehicle and a moose will often be at the moose’s legs. Following impact, the moose will then fall on top of the vehicle. The consequences can be quite significant for the people in the vehicle.
In the cases I’ve worked on that involved this type of scenario, some of my client’s injuries were quite devastating. They suffered brain injuries, facial crushes and damage to the orbital bones.
Drivers who are involved in “Vehicle v. Moose” collisions can still access Part 7 Benefits, which include coverage for medical, rehabilitation, death and wage loss benefits. This is because Part 7 Benefits, also called “No-Fault Benefits”, are available even if you are the party responsible for causing the accident.