ATVs offer riders the exhilaration of speeding through the outdoors, conquering rocks, mud, and other obstacles. These high-powered sports machines can send riders and passengers over all types of terrain. But unfortunately, they can also cause serious injuries. When an ATV accident is caused by the negligent actions of another party, you may be able to seek compensation for the harm and losses you suffer. An ATV accident lawyer can determine your legal options.
If you or a loved one was injured while riding an ATV, speak with an ATV accident lawyer from The Joel Bieber Firm today.
ATV Accident: What It Is?
An ATV accident refers to an incident involving an All-Terrain Vehicle (ATV) that results in harm, injury, or damage. ATVs are motorized vehicles designed for off-road use, often featuring three or four wheels. These vehicles are commonly used for recreational activities such as trail riding, off-roading, and racing.
Common Causes of ATV Crashes
Unlike motorcycles and motor vehicles, young teens can often easily obtain a license or safety certificate and legally operate ATVs. When young riders with little experience get on powerful machines like ATVs, accidents are bound to happen.
The young rider may panic or make a rash decision in the heat of a stressful moment, leading to a wreck. Rider inexperience, then, is one possible cause of an ATV accident.
Another rider or motorist may also be to blame for your ATV accident. Impaired, inexperienced, or simply careless drivers can create a dangerous situation for you and others. When such conduct leads to your crash, a court may hold the person who engaged in such negligent behavior liable for your harm.
Sometimes an ATV wreck occurs despite all riders and motorists involved acting safely. In this case, your ATV accident lawyer may want to examine your ATV for defects. The manufacturer may have used defective parts in making the ATV, or a repair shop may have carelessly performed repairs.
In either case, you may have a claim for compensation against the manufacturer or the repair shop.
Elements of an ATV Accident Case
If you are wondering if you have a claim for damages after an ATV wreck, it’s important to consult with an ATV accident lawyer as soon as you can. Your personal injury attorney can gather evidence and speak with witnesses about the crash. This can determine whether you have a right to pursue compensation.
To file a lawsuit and recover financial damages for your ATV injuries, you must meet the following requirements:
Another Person or Company Committed a Negligent Act
First, the evidence in your case must show that some other entity or person acted with negligence. Negligent conduct includes actions that no other reasonable person or company would have done under the circumstances.
Examples of negligent conduct include:
- Driving the ATV too fast for the terrain
- Aggressively driving around another ATV rider
- Operating an ATV under the influence of alcohol or drugs
- Using parts of inferior quality to manufacture or repair an ATV
Typically, if you are the only person involved in the crash, there may be limited compensation you can recover. However, it is still worth speaking to an ATV accident lawyer about your case and options, even if you think you are not entitled to damages, as a manufacturing defect could be a factor.
The Negligent Conduct Caused Your Crash
Next, you must show that the other person’s or entity’s negligent action was the predominant cause of your ATV wreck. In other words, your auto accident attorney will need to demonstrate that your crash would not have happened without the other person’s careless actions.
If you would have still wrecked your ATV and sustained injuries regardless of the other person’s conduct, you might not have a viable lawsuit.
For example, suppose that you are speeding along on your ATV at night with friends, and you hit a rock. The impact throws you off your ATV, and you are injured when you land. Another ATV driver sees you wreck, slows down, and tries to look for you to render aid. In doing so, they accidentally run over your leg, causing further injury to you.
In this case, you may be able to receive compensation for your leg injury. You may not be able to recover compensation for the injuries you sustained when you landed unless there was an issue with the manufacturing or repair of your ATV.
A skilled ATV accident lawyer will be able to determine who is responsible for your injuries.
You Suffered Compensable Injuries
Finally, your attorney must produce evidence showing you sustained some harm that the court can compensate for. In an ATV wreck, this harm can include medical bills, lost wages, depression, and loss of enjoyment of life.
You can recover compensation for any loss, economic or non-economic, that comes as a result of your ATV injuries. Aside from proving the connection between the crash and your injury or loss, you must also prove the amount of the loss.
The testimony of your witnesses and your evidence must prove that each of these elements is more likely true than not. As the person seeking financial damages in an ATV lawsuit, it is your burden to convince the judge or jury that you deserve compensation.
What an ATV Accident Lawyer Does for You
Seeking the assistance of an ATV accident attorney after a crash is essential, especially if you believe someone else is to blame for the crash. Your attorney can help you locate witnesses and gather evidence to use to prove your case. Doing so can help put you in a position to negotiate a favorable settlement agreement with the responsible party.
If you and the other party cannot settle your case, your attorney’s advocacy skills and knowledge of legal procedures will prove useful in court. Questioning witnesses and introducing evidence in court proceedings requires specialized legal knowledge and skill.
An experienced ATV accident lawyer will know how to use the evidence they gathered to establish your claim in court.
An Experienced ATV Accident Lawyer Can Help
If you or a loved one suffered an injury in an ATV accident caused by another party’s negligence, you don’t have to pay for someone else’s mistakes. The Joel Bieber Firm is ready to fight for the compensation you deserve after your ATV crash. We can evaluate your case and determine your best legal options.
Contact The Joel Bieber Firm to speak with one of our experienced ATV accident lawyers today.