Understanding Personal Injury Law and Four-Wheeler Accidents
While all-terrain vehicles (ATVs) offer thrills and a way to explore the outdoors, they can also be extremely dangerous. Personal injury and ATV accidents sadly go hand-in-hand.
Crashes involving these vehicles often lead to serious injuries, leaving victims with medical bills, lost income, and emotional distress. If you’ve been injured in an ATV accident, you’ll want to understand your rights as you potentially seek compensation.
Here’s what to know about personal injury and ATV accidents.
Common Causes of ATV Accidents
ATV accidents can happen for many different reasons. And to determine who is at fault, you should start with the cause.
Common causes include:
- Driver error (including reckless driving, speeding, or lack of experience)
- Defective equipment (faulty brakes, steering, or other mechanical issues)
- Dangerous terrain (poorly maintained trails or unexpected hazards)
- Collisions (accidents involving other ATVs, vehicles, or stationary objects)
- Underage or untrained drivers
The cause will help you and your lawyer figure out liability as you build a potential case.
Who Can Be Held Liable?
Legal liability means who is responsible for another person’s loss.
In ATV accidents, liability can involve multiple parties, depending on the circumstances. In my home state of Tennessee, we have comparative negligence, which means multiple parties can share the costs if they share the responsibility for the crash.
Potentially responsible parties include:
The ATV Driver
If the driver was reckless or negligent, they may be held liable for injuries caused to passengers or others.
The ATV Owner
If the ATV owner let someone operate an ATV that hadn’t been properly maintained, and it caused a crash, they might be liable. They might also have liability if they knowingly allowed someone inexperienced or unlicensed to operate their vehicle.
Manufacturers or Distributors
If the accident was caused by a defect in the ATV, the manufacturer or distributor might be held accountable under product liability law.
Property Owners
If dangerous conditions on a property contributed to the accident, the property owner might be liable.
All the details make a difference on who might be responsible, and to what extent. An experienced personal injury lawyer can investigate your case and help you understand all your options under the law.
Common Personal Injuries in ATV Accidents
ATV accidents can lead to severe injuries due to the vehicle’s size, weight, and lack of protection. Common injuries include:
- Traumatic brain injuries (TBIs)
- Broken bones
- Spinal cord injuries
- Internal injuries
- Cuts and lacerations
- Soft tissue damage
These injuries often result from rollovers, collisions, or being thrown from the vehicle. Basic safety precautions, including wearing a helmet, can make a big difference. In addition, gloves, boots, and sturdy clothing can help protect against cuts, scrapes, and burns.
But even with safety measures in place, ATV injuries often require extensive medical treatment, and the costs can add up quickly.
What Compensation Can You Recover?
If you’ve been injured in an ATV accident due to someone else’s negligence, you may be entitled to compensation for:
- Medical expenses, including hospital bills, surgeries, physical therapy, and future medical care.
- Lost wages if your injuries prevent you from working
- Pain and suffering
- Property damage, if you lost personal property in the accident.
Your lawyer can help you calculate the value of your claim and talk you through what to expect.
Steps to Take After an ATV Accident
If you’ve been involved in an ATV accident, take these steps to protect your rights and strengthen your case:
First, get medical attention. Even if injuries seem minor, some symptoms may appear later.
Next, as much as you’re able, document the scene. Take photos of the accident, the ATV, the terrain around you, and any visible injuries.
In addition, you’ll want to gather some basic information. Collect the names and contact details of any witnesses, as well as basic information about the ATV owner and driver. Throughout this process, don’t admit blame or make statements until you’ve spoken with a lawyer.
You can also report the accident. Notify the appropriate authorities, especially if the accident occurred on public trails or involved other vehicles. This offers you a formal record of what happened and who was involved, which can support your case in the future.
And then you should contact a personal injury lawyer. An experienced attorney can help you understand your rights and guide you through the legal process.
Personal Injury and ATV Accidents: Getting Legal Help
ATV accident cases can be complex, especially when multiple people are involved. Our award-winning Memphis firm helps you build a strong case and navigate all the complicated details.
From the start, we investigate your accident to determine liability. Then we gather evidence, including medical records, witness statements, and expert opinions. We handle all of your negotiations with insurance companies. And if a fair settlement isn’t possible, we represent you in court.
Our goal is to help you recover the compensation you deserve, so you can focus on healing. We communicate with you every step of the way, and we don’t get paid anything unless and until we win your case.
ATV accidents can have life-changing consequences, but you don’t have to face the aftermath alone.
If you’ve been injured in an ATV accident, reach out to our Memphis personal injury lawyers today to discuss your case at no charge. Together, we’ll help you recover the compensation you need and deserve.