Suffering any kind of personal injury can deal a major setback to you and your family. An accident can happen in the blink of an eye, including while you are riding an all-terrain vehicle (ATV). ATVs can weigh several hundred pounds, so the resulting accident can cause serious injuries. Medical bills, missed work, and many other losses usually follow.

If you or a loved one were hurt in an ATV accident, it’s important that you speak with an attorney immediately. You could be eligible for monetary compensation to cover your various financial and personal losses. Halperin Law Center is a trusted ally of accident victims in Hanover and elsewhere in Virginia. We’re ready to advise you after an ATV accident.

Whether used for recreational or work purposes, ATVs are potentially dangerous vehicles. Their weight, combined with other factors like speed, can result in significant and sometimes deadly wrecks. But before you can seek damages in a personal injury lawsuit, you will need to know why the accident occurred.

What follows are some of the most common explanations for ATV crashes:

• Impaired driving: Driving while impaired is always dangerous, whether for motor vehicles or ATVs. Alcohol is a major factor in impaired driving accidents, but legal and illegal substances can also contribute.
• Speeding and reckless driving: Speeding usually means driving too fast for the prevailing conditions, like poor weather or exceptionally uneven terrain. Meanwhile, reckless driving embodies a host of irresponsible activities such as unsafe maneuvers and driving too close to pedestrians and bicyclists.
• Driving illegally: It is generally against the law to operate an ATV on most paved areas in Virginia, like interstates, highways, and state roads. There are some local exceptions, but they are limited. Illegally operating an ATV is good evidence of negligence.
• Distracted driving: Cell phone use is a frequently cited cause of distracted driving. But anything that takes away from the driver’s focus on safely operating the ATV can be considered a distraction.
• Allowing an unsafe operator: ATV rental companies and owners often get in trouble for allowing certain individuals who have no business being on an ATV to use one. Examples include underage and intoxicated persons.
• Passengers: Some ATVs are single-person only, which means no passengers are allowed. If a passenger is allowed, however, this individual cannot be allowed to be a distraction or otherwise cause a collision.
• Property dangers: While ATVs are specially designed to handle rough terrain, there are limits to what these vehicles can handle. Known dangers, or those which the owner should reasonably know about, can present a significant risk of an accident.
• ATV defects: If the brakes on the ATV fail, the engine catches fire, or a safety component is defective, then the manufacturer of the vehicle may be responsible. Liability can also extend to negligent mechanics and repair shops.

There are numerous ways that victims can suffer physical injury during an ATV crash. Whether you’re the ATV operator, a pedestrian, or someone else, you need to see a doctor right away for a medical evaluation. Commonly reported injuries include:

• Traumatic brain injury (TBI): A traumatic brain injury is more than a head injury; it’s a fundamental disruption to the brain’s function, which can have drastic and irreversible effects on the victim.
• Spinal cord injuries: Vertebral fractures, herniated discs, and, in some cases, paralysis may result.
• Facial and dental injuries: Even with a helmet, the victim could suffer lacerations to the face, broken teeth, and eye injuries.
• Bone fractures: The ATV is heavy enough to crush an arm, leg, or other part of your body and cause a painful bone fracture.
• Burns: The engine on the ATV may catch fire in a serious crash and lead to major burns all over your body.
• Amputation: If the vehicle crushes you or pins you to another object, you may need an amputation.
• Internal organ damage and internal bleeding: These are potentially life-threatening injuries that you may not notice at first.

Not all ATV injuries are physical. Some victims experience various emotional and psychological problems like anxiety, depression, insomnia, and post-traumatic stress disorder. They may need mental health treatment, like counseling or therapy, to recover from these injuries.

To win monetary damages to pay for the above and other injuries, you will likely need to file a personal injury lawsuit. Even if you receive a settlement offer from an insurance company, you should talk to an experienced lawyer. Litigation may be your next step if the offer is not enough.

To prevail in a Virginia personal injury lawsuit, a victim has to prove the following:

• Duty of care: This element is simply the legal obligation to conduct oneself carefully and in a manner that minimizes the risk of injury to others. The person operating the ATV has a duty to do so in a safe and responsible manner.
• Breach: A breach of the duty of care is a negligent (or sometimes intentional) act or omission. Driving the ATV on a paved surface, when no exception applies, is an example of a breach.
• Causation: A breach does not mean much unless it actually causes injury to someone. If there is more than one potentially liable party, then the victim must explain in detail how each one caused the accident.
• Damages: The ultimate goal of a personal injury lawsuit is to recover monetary compensation for the victim’s losses. Known also as damages, these vary in amount from one accident case to another.

Serious accidents demand serious legal representation, and it starts with hiring a law firm that knows Virginia personal injury law. This is more than just statutes and court opinions, however. Your ATV accident lawyer has to understand the details of civil procedure, the rules of evidence, and discovery as well.

Halperin Law Center is committed to seeking the maximum amount of compensation allowed under the law for ATV accident victims. Some of the first steps we take are investigating the accident, reviewing the evidence, and determining who is likely responsible. Then we work to settle your case out of court through mediation. If this is successful, it can save the time and hassle of a trial. But if the insurers won’t negotiate in good faith, we can take your case to a jury.

You may be unsure whether you should hire an experienced car accident attorney to represent you. Or you might not know how to choose which law firm is right for your ATV injury case. Either way, let Halperin Law Center explain more about our strategy with a free case evaluation.

Were you or a loved one hurt in an ATV accident? Would you like to learn more about recovering monetary compensation? Connect today with Halperin Law Center. Our accident lawyers proudly serve accident victims with the professionalism and dedication they deserve.