All-terrain vehicles (ATVs) aren’t just for recreation; they also act as work vehicles. Despite their utility, there are also serious risks involved with misusing ATVs. The Consumer Product Safety Commission has produced data showing that from 1982 to 2014, about 259 Virginians died in ATV accidents. Many more were seriously injured.

If you were hurt in an ATV accident due to someone’s negligence, you may have a legal claim against the responsible parties. But you will need to produce evidence and a strong argument for the monetary compensation you deserve. One of your first steps will be to hire an ATV injury lawyer. Halperin Law Center serves victims in Midlothian and elsewhere in Virginia.

The exact cause of your accident is an important question because it is your job, as the victim, to prove how it happened. These are just a few of the most common reasons for these serious accidents:

• Driving under the influence: Nobody should consume alcohol before operating a vehicle of any kind, including an ATV. But impaired driving can also result from taking legal and illegal drugs. Impairment delays reaction time and makes it more difficult to focus.
• Speeding: Speeding can mean driving the ATV too fast for the conditions. For example, if the terrain is extremely uneven, the operator of the ATV should slow down. Failure to do so can result in major injuries.
• Reckless driving: Reckless driving can include a number of different unsafe and irresponsible driving activities. Intentionally driving too close to other people or vehicles, failure to maintain control of the vehicle, and trying to perform unsafe maneuvers are all examples.
• Illegal operation: In Virginia, ATVs are usually not permitted on paved surfaces like interstates, highways, and state roads. Some local exceptions may allow driving on a paved road, but these are limited. Illegal driving is a strong indicator of negligence.
• Distracted driving: Distracted driving can endanger both the ATV operator and others nearby. Anything that takes a driver’s focus away from the safe operation of the ATV can be considered a distraction. Cell phone use is a prime example.
• Allowing someone unqualified to drive: This is a major problem for rental companies and anyone else who owns an ATV. These companies and individuals should not allow an underage or intoxicated individual to operate an ATV.
• Carrying too many passengers: For single-person ATVs, a single passenger is one too many. But even if a passenger is allowed to ride on the vehicle, they cannot be allowed to distract the operator and thereby cause a crash.
• Property hazards: Many private property owners allow ATV operators to drive on their premises. However, if they know or should know of dangerous conditions that could cause an accident, they need to either disclose them to the ATV driver or not allow the driver to come onto the property.
• Problems with the ATV: If there is a mechanical problem with the ATV, then the manufacturer (or the manufacturer of a specific component) may be liable. The same may be true if the ATV manufacturer failed to warn against known risks of using the vehicle.

In light of the various causes of ATV accidents, one or more parties can potentially be required to compensate you for your injuries. Here are some examples:

• The owner or operator of the ATV
• An unruly passenger on the ATV
• A third-party, such as a motorist, pedestrian, or bicyclist
• The company that manufactured the ATV or a defective part
• A negligent repair shop or mechanic
• ATV rental companies
• Property owners

There are some cases in which more than one party is legally responsible for the accident. This can increase the chances of recovering a higher amount of compensation, so be sure to relay all relevant facts about your accident to your Midlothian ATV injury lawyer.

An ATV can weigh anywhere from about 300 to 800 pounds. Combined with the speed upon impact, the position of the victim’s body after the accident, and other factors, victims can experience serious injuries. These may include:

• Traumatic brain injury (TBI)
• Spinal cord injuries
• Back and neck injuries
• Soft tissue injuries
• Facial injuries
• Bone fractures
• Internal organ damage
• Internal bleeding
• Burn injuries
• Lacerations
• Amputation

The above injuries may require you to be hospitalized for quite some time, after which you could be disabled. You likely can’t work during your recovery period, and you might not be able to work the same job as before the crash. Chronic pain and suffering are also likely, along with emotional and psychological issues.

All of these can cause significant personal and financial losses. The good news is that you may have the right to win monetary compensation by filing a personal injury lawsuit against the at-fault party. To do so, you will need to prove these elements:

• Duty of care: The duty of care is a person’s duty not to engage in actions that are likely to cause injury to other people. For example, if you are operating an ATV, you have a duty to do so in a safe manner.
• Breach: Anything that violates the duty of care is a breach. In Virginia personal injury cases, a breach can include negligent as well as intentional acts or omissions. Choosing to drive an ATV unsafely around pedestrians is an example of a breach.
• Causation: The breach of the duty of care must actually cause an accident. Establishing this causal link can sometimes require accident reconstruction and other forms of evidence.
• Damages: Lastly, the accident victim has to prove their damages. These are the financial, personal, and other losses for which the victim requests monetary compensation.

Hiring an attorney is one of the most important steps you can take after being in an ATV accident. At Halperin Law Center, we understand Virginia personal injury law and how it applies to these cases. We also know what it takes to develop a personalized strategy that puts our clients’ best interests first.

Putting together an accident case takes time. We work with our injury clients on the following:

• Investigating how the accident happened and who might be responsible for it
• Obtaining evidence that proves negligent or intentional misconduct on the part of the at-fault parties
• Consulting expert witnesses and others who may testify as to key elements of your claim
• Determining the fair dollar value of your damages, including future damages
• Negotiating with the at-fault parties’ insurance companies to try to reach a settlement
• Trying your case in court if the insurers refuse to negotiate in good faith

Before you talk with the insurance companies, talk to us. We offer a free case consultation so you can better understand your rights and options for recovering compensation.

Most injury victims only have two years to file a lawsuit, which is not a lot of time. The strongest claims are usually filed long before this deadline expires. So if you’ve been injured in a Midlothian ATV accident, call Halperin Law Center or complete our online contact form to get started.