All-terrain vehicles (ATVs), also known as quad bikes, light utility vehicles, and four-wheelers, are popular in California. Many individuals ride them in hills or deserts for recreational fun, and they offer convenient transportation across rugged lands. Rescue personnel also frequently use them in wooded areas or on beaches. However, these vehicles are hazardous. They are responsible for many injuries and deaths in California each year.

To make matters worse, most ATV collisions are avoidable, but the negligence of various parties results in dangerous, often fatal mishaps. The damage and costs of an ATV accident can be significant. However,  the good news is that you are entitled to compensation if the accident results due to someone else's negligence or carelessness.

However, to obtain the compensation you deserve, you must first file a lawsuit against the liable party and win. This blog explains how you can bring and win a lawsuit with the help of an ATV accident lawyer.

Understanding ATV Laws

California has stipulated laws for off-road vehicles. Understanding these laws is helpful if you have been in an ATV accident and intend to file and win a lawsuit for compensation. It will help you determine the facts surrounding your case and, of course, with the help of your lawyer, argue your case successfully in reference to the specific law the ATV rider has violated. The following are some of the critical statutes that riders must adhere to for ATVs:

  • An ATV rider must comply with the general off-road vehicle traffic requirements.
  • An ATV rider must not ride recklessly off-road. They must also adhere to signage in designated places.
  • An ATV must have functioning lights that the rider must activate thirty minutes after sunrise and thirty minutes before sunset. The lights must include a rear-facing red light and a front-facing white light.
  • DUI and open-container laws apply to ATV operation
  • An ATV rider must adhere to speed limits and every traffic law while on roads. While off the road, the rider should use judgment when determining speed, except when they are within 50 ft. of other people, animals, or campsites. In any of these cases, the speed limit should be 15 miles per hour.

Another critical law you should be particularly aware of is the statute of limitations. Under personal injury laws, a statute of limitations refers to a law that sets the maximum period after an accident within which the victim can file a lawsuit. ATV collisions are subject to the statute of limitations. California Code of Civil Procedure (CCP) 335.1 stipulates a twenty-four-month limit to bring an ATV accident lawsuit. This time frame means any lawsuit brought after the deadline will likely be dismissed without consideration.

Particular cases might extend or shorten the time frame to file a lawsuit based on various factors. Bringing a lawsuit on time increases your chances of winning, as the evidence will still be fresh and compelling. On the other hand, filing late or past the deadline increases the chances of failing to recover compensation because you risk lawsuit dismissal, and the evidence might not be compelling since so much time would have passed. You want to consult a knowledgeable ATV accident attorney immediately to avoid losing the chance to file and recover the compensation you deserve.

The Steps You Take Immediately After the Accident

The moments right after your ATV crash may be filled with emotions. You might feel overwhelmed, have an adrenaline rush, or be numb. You probably will not be thinking about compensation or lawsuits. You might also have questions regarding what will follow—most people do.

Nevertheless, knowing what to do and what not to do during this period is essential. Your steps can help any future lawsuit or derail it entirely. For example, your actions will help protect your rights and determine whether you qualify to file a lawsuit and your chances of winning that suit to recover compensation. This is what you should do:

  • Seek Urgent Medical Care

ATV accidents can lead to substantial injuries. If you can, call 911. Remain at the accident scene; you can only leave after an emergency responder or medical professional has cleared you. Even if you feel physically okay, it is wise to still set a doctor’s appointment for a check-up just in case you sustain internal injuries. Some injuries take long to manifest after an accident, and while you may feel fine, you will start feeling the effects later. A doctor can conduct an MRI or X-ray to see whether you have sustained internal injuries so you can commence treatment right away.

  • Gather Relevant Information

Collecting evidence is critical for your lawsuit. Some pieces of evidence you should gather include witness accounts, addresses, names, and driver’s licenses if the collision involved other parties. If you rented an ATV, document the company you rented from, along with the model or make of the ATV.

Also, take pictures of the ATV wreckage and other automobiles involved, if any. These will assist your attorney in building a compelling case. Take photos of your injuries and the accident area, including any signage.

Lastly, document all the medical records if you receive treatment for accident-related injuries. This includes the doctor’s reports and any receipts for the bill you have paid. This will help your lawyer know how much to pursue in damages for medical bills.

  • Notify Your Insurer

While the process of bringing an ATV collision lawsuit or claim resembles that of a car crash, there are differences. Not every state requires ATV insurance, including California. However, it is still advisable to have ATV coverage. Call your insurer soon after the crash to initiate the claim or lawsuit process and give your statement.

  • Do Not Say the Wrong Things

Avoiding saying the wrong things is just as essential as seeking medical attention or collecting evidence. Do not admit fault, apologize to anybody, say you are fine or okay, or give any comment regarding your well-being or whether you were injured. All these could be used against you when you finally file your lawsuit, jeopardizing it. The party you are suing could claim you were not hurt or that you admitted liability for the collision.

Additionally, avoid providing recorded statements--even to your insurer. Note that your insurer is not on your side. They are only after making profits, and they can use any information you provide against you if it will help them part with a lower settlement amount.

  • Call an ATV Accident Attorney

If you sustained severe injuries or your loved one died in an ATV crash, a personal injury lawyer comes in handy. The lawyer can assist you in protecting your rights, investigating the crash, handling communications between insurers and the liable party, and giving you ample time to concentrate on healing. Do not be afraid to ask questions, and select a lawyer you feel comfortable working with on your lawsuit.

Determine What Caused Your Accident

Establishing the cause of your ATV accident could make it easier to determine liability, making the process of seeking damages more straightforward. Common causes of ATV collisions include the following:

  • Rollover collisions

A flip or rollover crash entails an ATV rotating along its length, with the handlebars and seat making contact with the ground. Usually, the ATV rider is crushed under or ejected from the vehicle when that happens. Rollovers are typically fatal when minors are involved since the vehicle’s heavy weight rolling over them can smash their lighter frames.

  • Accidents with Other Motor Vehicles or ATVs

Public roadways and ATVs do not mix. However, riders often choose to ride near or on roadways where other cars travel. Additionally, even when ATV riders ride safely near roads, there is still the risk that motorists of other vehicles may somehow cause a collision through reckless or careless driving conduct.

  • Impacts on Stationary Bodies

ATV accidents commonly involve impacts at speeds of thirty or more miles per hour with boulders, signage, fences, parked motor vehicles, trees, and other immobile objects. Due to a lack of safety protections, even a low-speed accident can cause devastating injuries.

  • Low-Pressure or Defective Tires or Other Parts

ATV tires are usually operated at relatively low pressure, allowing them to be punctured, pinched, or delaminated from the wheel at low speeds. The tire might also have been faulty or inflated at improper pounds per square inch (PSI).

  • Distracted or Intoxicated Riders

Alcohol and ATV riding do not blend well, and neither do other mind-altering drugs such as cocaine and marijuana. Even riding while drowsy dramatically increases the risk of a severe accident. That is because ATV riders will have a higher tendency for impaired decision-making capability, dangerous conduct, and slowed reaction times.

  • Minors as Riders

Minors are less capable of safely riding an ATV, especially a full-size ATV meant for adults. They might be incapable of controlling the vehicle in cases where a grownup may. Their inability to calculate risks and make physical maneuvers can also cause them to make dangerous decisions.

What Are The Compensable Injuries?

ATVs weigh at least 600 pounds and can reach speeds of 65 miles per hour or more. Their speed, combined with their lack of safety devices like safety cages, roll bars, and seatbelts, can cause severe, catastrophic, and even life-threatening injuries. The good news is that ATV accident-related injuries are compensable, provided you have evidence. The most prevalent ATV accidents that are compensable when you file a lawsuit include:

  • Spinal cord or traumatic brain injuries which prevalently occur if an ATV rider is ejected from the vehicle.
  • In cases where the ATV rolls over and lands on top of the rider, they may experience broken bones, bone fractures, or internal injuries and bleeding.
  • Lacerations, scrapes, concussions, burns, and bruises are also prevalent

If you sustain any of the above injuries, you can file a lawsuit seeking damages. Your lawyer can help you prove that your injuries are related to the ATV accident by collecting the relevant evidence.

Sue The Right Party

Many parties could be lawfully liable for an ATV accident. Common ones are other ATV riders or motorists of automobiles whose negligent acts could make the injured party lose control, flip over, or cause some other reason for injury. When a party’s irresponsibility or negligence is to blame, that party ought to be held liable for the resulting injuries. Other parties that might be at fault include, without limitation:

  • ATV rental companies: a company that rents out ATVs could be liable for the collision. It could be that the company rented the ATV to someone inexperienced or too young who caused the crash, or perhaps they failed to maintain the vehicle properly, which triggered the accident.
  • ATV manufacturer: If a faulty part causes an accident, the manufacturer might be held accountable.
  • Private landowners: a landowner who knows of particular risks on an ATV trail might be required to caution them. If failure to warn was the cause of the collision, a premises liability lawsuit may help you recover damages.

Note that the burden of proof lies with you. The burden of proof merely means that you must demonstrate before the judge that the liable party:

  • Owed you the duty of care.
  • Violated that duty,
  • Their violation caused the ATV accident you were involved in, and
  • You suffered damages mentioned in the lawsuit due to that accident.

Liability in ATV accidents can be confusing. In some cases, more than one party may be responsible for the accident. You want to ensure you sue the right liable party to maximize your chances of winning your lawsuit. Suing the wrong party could lead to the dismissal of your case. By reviewing your case facts, your lawyer can help you determine which party or parties to seek compensation from. 

Know What Damages to Pursue

Once you have determined who to sue for damages in your TAV accident, establish what types of damages to sue for based on the facts of your case. Do not pursue damages that do not exist, as they will not be granted. Based on the case facts, damages you may pursue after being in an ATV accident include the following:

  • Pain and suffering if the accident-related injuries caused you mental and physical pain and discomfort.
  • Medical bills, including physical therapy and rehabilitation. These are for the expenses incurred to treat the accident-related injuries. They include past, present, and future costs.
  • Lost wages if you could not go to work because of the accident-related injury you sustained.
  • Loss of earning capacity if the injuries diminished your capability to earn the gainful income you used to earn before the accident
  • Loss of consortium if you cannot offer love and support to your family the same way you could before your injury
  • Diminished quality of life if the crash left you with an inability to complete everyday tasks of living
  • Property damage if any of your property was damaged during the accident. This includes property like the ATV itself, helmet, phone, watch, and any other property that was on during the accident that was destroyed. Damages for property damage often include costs for replacement or repair.
  • Punitive damages if the liable party acted intentionally or maliciously.

If your family member died in an ATV crash, you can bring a wrongful death suit against the liable party for causing the collision. Damages you can recover in a wrongful death lawsuit include, without limitation:

  • Funeral and burial expenses
  • Loss of support and companionship
  • Amounts the dead victim would have received as income

Among the most prevalent questions that complainants ask are how much they can recover by filing an ATV collision suit and whether it is worth retaining an attorney for their cases. The value of an ATV lawsuit varies based on the circumstances and facts of the collision. A skilled ATV accident lawyer will do an investigation, review evidence, interview witnesses, and, if need be, hire an expert to accurately assess the value of a possible settlement.

You must note that directly dealing with an insurer to recover damages may harm your claim or lawsuit. Some insurance adjusters might try undervaluing your claim and convincing you to agree to a lesser settlement value. That is why you need a knowledgeable ATV accident lawyer to help defend your rights. They will handle communications with insurers so you can concentrate on recuperating from your injuries.

If you are unsure whether you require an attorney for your ATV accident lawsuit, consult one to ensure you are on the right track to recover the compensation you deserve in your settlement. Attorneys offer complimentary case assessments, so you will not lose anything by contacting one.

Find an Experienced ATV Accident Attorney Near Me

At San Diego Personal Injury Law Firm, we will do everything legally possible to help you win your ATV accident lawsuit and recover the damages you deserve. We understand how an accident can leave you inconvenienced with all the hospital bills and missed work; thus, it is only fair to receive compensation, especially if it was not your fault. We will help you gather the evidence you require to strengthen your case, guide you through the lawsuit filing process, and represent you in court, and we will not tire until we have obtained the best possible outcome. Contact us at 619-478-4059 for a free consultation and case evaluation.