All-terrain vehicles (ATVs) are popular recreational and work vehicles, serving a number of different uses. But as with any vehicle, there are risks to operators, riders, and other individuals. An accident can leave a victim with severe and sometimes permanent injuries. These, in turn, translate to significant medical bills, lost income, pain and suffering, and more.

Accidents are typically due to some form of negligence, which means the victim has the right to seek compensation from the at-fault party. It starts with retaining a skilled Glen Allen car accident lawyer. At Halperin Law Center, we provide exceptional legal guidance from the beginning to the end of your claim. We invite you to contact us for a free case evaluation to better understand your rights and options.

ATV crashes occur for various reasons, many (but not all) of which point to operator error. Understanding why your accident happened is essential to claiming compensation, since it will be your duty to explain how negligence was involved. Some of the most common causes of ATV crashes include:

• Driving under the influence: Operating while under the influence of alcohol or drugs, including prescription medications, delays reaction time and impairs the ability to focus and see. Evidence of operating an ATV under the influence will be a strong indicator of negligence.
• Reckless driving: The unsafe operation of an ATV can also put lives at risk. Reckless driving can include driving too fast or failing to maintain control of the vehicle. The circumstances of the accident largely dictate whether the driver was reckless.
• Distracted driving: Anything that takes a driver’s focus away from safely operating the ATV can be a distraction. A common example is cell phone use. A distracted driver who gets into a crash can be held responsible for their negligent operation of the vehicle.
• Driving outside of designated areas: Virginia personal injury law generally prohibits ATV use along interstates, highways, and most paved roads and streets, although local rules may permit limited exceptions. These laws are in place to protect public safety, so violating them may show negligence.
• Allowing unqualified operators: If the operator or owner of the ATV allows someone who is not qualified to use the ATV, like a minor, they could be held responsible for a resulting accident. The same is true if the owner or operator permits an intoxicated person to drive the vehicle.
• Carrying a passenger on a single-person ATV: If the ATV is only designed to let one person ride at a time, and the operator decides to allow someone else on the vehicle, this presents an immediate hazard for the operator, rider, and others.
• Property hazards: Although ATVs are designed to be operated off-road, problems with the property could present a danger. A poorly maintained trail, a hidden obstacle, and a steep incline are examples. If the property owner allowed the ATV operator to drive on their premises, they may be liable for an accident.
• Vehicle defects: Some accidents are due to mechanical issues and related problems with the ATV itself. Liability could point to such parties as the manufacturer of the ATV, the maker of a part or component (like the braking system), or a repair shop that did poor work.

Identifying the parties who caused your accident is another important step in seeking compensation for your injuries and losses. These are some of the potentially at-fault parties:

• The operator of the ATV
• The owner of the ATV
• A passenger on the ATV
• Another motorist (e.g., car, truck, or motorcycle rider)
• A pedestrian or bystander who interferes with the safe operation of the ATV
• The manufacturer of the ATV or a defective part
• A negligent repair shop or mechanic
• ATV rental companies
• Property owners

In some cases, more than one person can be held liable. This increases the potential compensation that the victim can receive in a subsequent personal injury claim.

According to a Virginia Tech ATV safety review, ATVs are responsible for about 500 deaths and 100,000 serious injuries each year throughout the country. Data from the Consumer Product Safety Commission indicates that, from 1982 to 2014, there were 259 ATV-related deaths in Virginia. There were likely many more serious injuries.

Getting hurt in an ATV accident can mean permanent disability for some victims. The most common ATV injuries include:

• Traumatic brain injuries (TBI): These include concussions, skull fractures, and bleeding in the brain. A TBI can cause severe neurological and cognitive problems that alter the normal functioning of the brain and change the victim’s personality.
• Spinal cord injuries: Herniated discs, vertebral fractures, and nerve damage can occur in an accident. Paralysis is another complication, including both partial and complete paralysis.
• Facial injuries: A crash victim can suffer lacerations and broken bones in their face. Dental and eye injuries can also occur. For these reasons, it’s strongly advised that all operators and riders wear protective safety gear at all times on the ATV.
• Broken bones: Falling off an ATV can cause the victim to attempt to break their fall. Or it can throw the victim off in such a way that they fall hard. Either way, the victim can suffer broken bones in just about any part of the body, such as their arms, legs, and ribs.
• Internal organ damage and bleeding: A speeding ATV can easily roll over and crush the victim, pinning them against another object. This can lead to internal organ damage and bleeding, both of which may not be noticeable at first.
• Soft tissue injuries: This category includes sprains, strains, torn ligaments and tendons, muscle injuries, and rotator cuff injuries. Prompt medical treatment is essential to avoiding long-term complications like muscle spasms and a decreased range of motion.
• Amputations: Some of the most serious ATV accidents require amputation. Although a medical professional may attempt to perform reconstructive surgery, this medical treatment is not guaranteed to save a limb from being amputated.

The goal of filing an accident claim after an ATV crash is to recover compensation from the at-fault party or their insurance company. These claims are usually based on negligence and require proving the following elements of a Virginia personal injury lawsuit:

• Duty of care: A duty of care refers to an individual’s legal obligation to avoid conduct that can cause foreseeable risk to others. An ATV operator, for instance, has a duty to safely operate the vehicle at all times.
• Breach: A breach is a violation of the duty of care that results from negligent or intentional misconduct. Operating the ATV while under the influence of drugs or alcohol is an example of a breach.
• Causation: The breach must directly cause the accident that injured the victim. Causation can be more complicated when more than one party may be held liable.
• Damages: Finally, the victim has to prove the nature of their financial and personal losses and assign a fair value to them. These may include reasonably projected future damages the victim is likely to incur.

Monetary damages vary from one personal injury case to another in terms of the type and amount. These are some examples of damages that may be available in your claim:

• Medical bills, including for hospitalization, surgery, emergency room care, physical therapy, adaptive medical equipment, prescription medications, and more
• Lost income due to time spent recovering
• Lost earning capacity if the victim cannot work at the same productivity level as before the accident
• Property damage and out-of-pocket expenses
• Non-economic damages like pain and suffering, emotional distress, and decreased enjoyment of life
• Wrongful death damages if the victim dies from their injuries

In some cases of wanton misconduct or conscious disregard for the safety of others, punitive damages may be available. These are rarely awarded and are capped at $350,000 under Virginia law.

Hiring a law firm to handle your ATV accident is about more than having someone with legal knowledge. While this is important, making the argument for maximum compensation that you deserve requires experience with the unique features of ATV injury cases.

The attorneys of Halperin Law Center have extensive experience representing Glen Allen ATV accident victims. We know what it takes to develop a personalized legal strategy that puts your rights and interests first. When you hire our ATV accident lawyer, we get to work by:

• Investigating how your accident happened
• Identifying the parties that can be held liable
• Obtaining evidence of negligence, including through the process of discovery
• Communicating with the insurance companies on your behalf
• Mediating your case to attempt to settle it without the need for a trial
• Taking your personal injury case to trial if the at-fault parties’ insurance companies and ATV accident lawyers will not negotiate in good faith

If you or a loved one were hurt in an ATV accident, the law firm you retain will make a difference in the outcome of your ATV accident case. You can count on the at-fault parties to have experienced lawyers defending them. Who is looking out for you? Reach out to Halperin Law Center today to get started with a free case review.