If you own an all-terrain vehicle (ATV), you already know how enjoyable and useful the vehicle is. Operators throughout Chesterfield and other areas in Virginia routinely use ATVs for many recreational and work purposes. But there’s a risk to driving these vehicles as well. Rollovers, crushing accidents, and collisions with other vehicles are tragically common.

If you or a loved one have been in an ATV accident, you can expect major medical bills, lost time from work, and other financial and personal losses. But if the accident was the result of negligence, you may have a legal claim for compensation. It’s time to consult Halperin Law Center. Our ATV injury lawyer can review your accident and then advise you of the next best steps.

The victim of an ATV crash has the obligation of proving how the incident happened and why it points to negligence. For that reason, it helps to understand the most common reasons for these accidents. They include:

• Operating under the influence: Alcohol, drugs, and prescription medications can slow reaction times, blur vision, and cause an individual to have poor judgment. For that reason, nobody should drive an ATV while under the influence of any impairing substance, even if it’s legal.
• Speeding and reckless driving: Speeding too fast for the given conditions can easily result in a wreck. There are other forms of reckless driving, like failing to maintain control of the vehicle and aggressive driving.
• Distracted driving: Cell phone usage and other distractions don’t just imperil the drivers of passenger vehicles. If you operate an ATV, you need to have your full attention on the terrain ahead of you,, so don’t hurt yourself or others.
• Driving illegally: Virginia personal injury law generally does not allow ATVs on paved areas like interstates, highways, and state roads. There are some limited local exceptions, like crossing a paved road to get from one portion of a trail to another. Otherwise, it should be avoided.
• Allowing an unqualified operator: The owner of the ATV should not allow either underaged or intoxicated drivers to use the ATV. Rental companies in particular should be careful with whom they rent their vehicles to.
• Unsafely carrying passengers: Many ATVs only allow one individual, the operator, to ride on the vehicle. Permitting someone else to ride along can be dangerous. But even if another person can ride, this individual should not be unruly or disruptive to the driver.
• Property hazards: While ATVs are specially designed to handle slopes and uneven features on undeveloped land and paths, they are not invincible. Unseen ruts, stumps, holes, and other dangers abound. A land owner who allows ATV use on their property without providing sufficient warning or clearing known hazards may be liable.
• Defects with the ATV: The ATV could have a manufacturing or design defect that makes it more accident-prone or unreasonably increases the severity of the victim’s injuries during a crash. Defects could point to manufacturer liability or to a repair shop or other party.

Another key step in winning compensation is determining the various individuals, businesses, and entities who can be held liable for the victim’s injuries. These vary from one case to another,, and sometimes more than one party is responsible. Here are some examples:

• The ATV operator or owner
• A passenger on the ATV
• A third-party motorist, pedestrian, or bicyclist
• The company that manufactured the ATV or a component like the braking system
• A negligent repair shop or mechanic
• ATV rental companies
• Property owners

An accident can cause a rush of adrenaline, making it difficult to think clearly. However, the decisions you make next could affect your health and your legal rights. Our accident lawyers recommend doing the following:

• Call 911: Report the accident immediately to emergency services. If you were in a vehicle accident, a law enforcement officer would come to the scene and generate a police report. Get a copy of any accident or police report that is produced.
• Seek immediate medical attention: Whether you leave the scene by ambulance or see your primary care physician later, don’t delay. Failure to see a doctor could cause hidden injuries to worsen and allow the at-fault party to blame you for it.
• Document the accident scene: Get the names and contact information of all involved parties (including the operator of the ATV if you were a passenger or someone else) and any witnesses. Take pictures and record videos of the accident scene and of your injuries.
• Follow your doctor’s orders: If your doctor prescribes a certain medication, fill it and take it. If your doctor orders work or activity restrictions, observe them. If your doctor refers you to a specialist, schedule an appointment. Follow up with your doctor about any changes in your condition.
• Talk to an attorney: Before you speak with any insurance companies, it’s a good idea to talk to an experienced Chesterfield ATV injury attorney. We can guide you on the next steps you should take.

If you wish to receive compensation for your serious injuries, but the insurance company refuses to fairly compensate you, then you will need to file a personal injury lawsuit. Working with an attorney, you will need to prove these elements:

• Duty of care: Everyone has a duty to avoid doing things that will likely cause harm to others. An ATV driver has the duty to operate the ATV safely and avoid reckless behavior.
• Breach: A breach of the duty of care is a violation resulting from negligence or, in some cases, intentional misconduct. Operating an ATV under the influence of alcohol is an example of a breach.
• Causation: The breach must actually cause the accident that injured the victim. This element is more challenging when several parties may be held liable, so consult an experienced attorney for help proving causation.
• Damages: Lastly, the victim has to prove the nature and amount of their damages. The lawsuit will make a demand for monetary damages that compensate them for various personal and financial losses.

Most accident victims can seek both economic damages (which are objective and relatively easy to calculate) and non-economic damages (for more intangible and subjective losses) in their ATV accident lawsuit. These damages include:

• Medical bills, including for future reasonably estimated medical needs like rehabilitation and follow-up surgeries
• Lost income for time missed from work to recover from the accident
• Lost earning capacity if the victim cannot work the same job or work it at the same productivity level as before
• Property damage, for instance,, if the victim was driving a car and the ATV damaged it
• Out-of-pocket expenses related to the accident
• Wrongful death damages available to eligible survivors if the victim dies from the accident

In some personal injury cases, accident victims can also seek punitive damages. These are intended to punish especially egregious or wanton misconduct. However, they are not available in most cases and are subject to a cap (currently $350,000).

What ATV accident victims want most of all is to get their lives back to normal. Although there’s no way to fully erase what happened, you can still claim compensation that will help you recover and move forward. Halperin Law Center is ready to partner with you in that journey.

When you hire us to handle your ATV accident claim, we don’t treat you as just another file number. We deliver the level of professional legal service that we would want for ourselves if we were injured. More specifically, we bring the following to the table:

• Thoroughly investigating the factual circumstances surrounding your accident
• Determining who can potentially be held liable for your damages
• Obtaining the evidence necessary to prove the elements of a personal injury claim
• Communicating and negotiating with the at-fault parties’ insurance companies and lawyers
• Working to resolve your case favorably during mediation, if possible
• Taking your case to trial if necessary

Regardless of whether your lawsuit settles or goes to a jury, we will fight for the compensation that you need. Our ultimate goal is to restore you as nearly as possible to the condition you were in before the accident.

To learn more about how Halperin Law Center can serve you, schedule a free initial case consultation with our skilled legal representation. We can review your options and explain our approach to seeking the damages to which you are entitled. Get in touch with us now to get started.