We Cover All Costs Until You Receive A Settlement Or Trial Award

Who is liable and what is recoverable in ATV accidents?

On Behalf of | Jun 12, 2020 | Firm News |

All-terrain vehicles (ATV) can be fun – and dangerous. They have become a popular way for people to get off the road and explore woods and tails. That fun ends when a rider gets hurt.

After an accident, you must determine who is at fault and what is recoverable.
The injuries can be serious and life-changing
The Consumer Product Safety Commission collects ATV statistics. The commission’s last available report was in 2018. That year there were over 82,000 accidents that sent people to the emergency room. Twenty percent were hospitalized. There were also over 260 deaths.

Riders suffered serious, including many brains and spinal cord injuries. Those injuries can be serious and change a person’s life forever. The report also found that many riders hurt or killed were under 16 years old.
Who is liable?
The amount needed will depend on the details of your case. If you were hurt or a family member died on an ATV, you might be able to sue for negligence. To prove someone else was responsible, you must prove fault and liability.

That can be accomplished by proving they:

  • Had a duty to the victim
  • Breached their duty

here are times when two or more people can be liable. If that happens, each entity might be liable for a percentage of the damages.
What is recoverable?
If someone was hurt or killed on an ATV, you might need significant compensation. When a child is injured, it can be even more devastating.

You might be able to recover

  • Funeral expenses
  • Lost companionship
  • Lost income
  • Medical expenses
  • Pain and suffering
  • Repairs

Proving liability can help you recover the money you need.