San Antonio ATV Accident Lawyer
An all-terrain vehicle (ATV) is an off-road motorized vehicle with 4 wheels. They are very popular in Texas, where there is plenty of beautiful open land for offroading. It should be a fun and safe outdoor activity that encourages Alex people to enjoy nature. However, ATV accident cases have skyrocketed, and many people have suffered serious injuries as a result.
If you or someone you love has suffered injuries because of an ATV in San Antonio, TX, then you should seek advice from an ATV accident attorney, such as those found at The Law Office of Eric Ramos. We can help you seek fair compensation so that you can focus on your recovery.
We pride ourselves on our unique approach to the attorney-client relationship. When you seek representation from us, you will receive personalized support from an experienced attorney. We will take the time to get to know your situation and will fight tirelessly to secure the right outcome.
Contact us today for a free consultation with one of our ATV accident lawyers at (210) 404-HURT (4878).
ATV Accident Case Statistics
According to The U.S. Consumer Product Safety Commission’s 2018 annual ATV report on deaths and injuries, there were 81,800 ATV-related emergency department-treated injuries in 2018. Shockingly, more than 25% of those injuries were sustained by children under 16 years old.
The CPSC warns that ATVs are particularly dangerous for children, especially when they drive adult-size vehicles. It is also dangerous when passengers ride on vehicles built for just one person.
The report includes data from 2016, which is the most recent year of complete reporting. In just one year, there were 591 ATV-related deaths, and children under 16 accounted for 65 of those deaths.
The CPSC warns that the chance of incurring serious injuries or death is increased when people drive ATVs on public roads, where the risk of collision with another vehicle is significantly higher.
Additionally, protective equipment, especially helmets, can make a big difference in ensuring your safety.
What To Do After an ATV Accident in San Antonio, TX
After an ATV accident, the steps you take can not only work to protect your health and wellbeing, but they can also protect your rights to compensation.
1. Seek Medical Attention
The first step after an ATV accident is to check yourself and anyone else involved for injuries. If there are serious injuries, then you should call an ambulance.
If no one requires emergency attention, then you should still seek medical attention by going to an emergency room or other doctor. Adrenaline can cover up injuries, and the sooner you seek medical attention, the better. Furthermore, if you wish to pursue compensation, then an official record of your injuries by a medical professional is essential to filing a successful claim.
2. Call the Police
It is best to contact the police after an ATV accident so that they can file an official police report. This will also be valuable evidence for your claim.
3. Document the Scene
Any evidence you can collect could help you claim compensation. If you are able, take pictures of the accident, as well as any damage to the ATV and your injuries. It could also be helpful for you to write down the details of what happened quickly, as your memory could quickly become hazy.
4. Consider Hiring an Attorney
An attorney gives you your best chance at seeking compensation and allows you to focus on your recovery while they pursue legal action on your behalf.
The sooner you contact an experienced law firm such as The Law Office of Eric Ramos, the better. One of our ATV accident lawyers will get straight to work, gathering evidence to ensure a strong case.
Common Injuries From an ATV Accident
ATVs can be hard to control, particularly at high speeds. As a result, ATV accident injuries can be incredibly serious.
For that reason, it is important to wear protective body gear and a helmet when operating or riding as a passenger on an ATV.
Some of the most common injuries from ATV accidents include:
- Traumatic brain injuries
- Broken bones
- Spinal Injuries
- Neck Injuries
- Internal injuries
- In serious circumstances, death
If you have been injured in an ATV accident that wasn’t your fault, then you should seek compensation. Medical expenses quickly accumulate, and you should not be left with the financial burden of mounting bills.
Common Causes of ATV Accidents
A Texas ATV accident can be caused by a number of factors. However, the most common causes are:
- Having more people on one ATV than what it is designed for. Some are designed for only a single driver. Others can carry one passenger.
- Driving an ATV on the pavement or paved roads or highways. ATVs are all-terrain vehicles designed to be driven off-road.
- Driving an ATV that is not designed for your weight and height, i.e., children driving adult models.
- Operating an ATV without proper experience.
- Manufacturing defect or problem with the vehicle.
- Driving an ATV too quickly.
- The ATV owner failed to properly maintain and care for their vehicle.
- Operating an ATV while under the influence of alcohol.
- Attempting to perform tricks.
Do I Have Grounds to File an ATV Lawsuit?
Personal injury cases are complex, and there is no easy formula to determine whether you have grounds for an ATV accident lawsuit if you or a loved one have been in an accident.
The best thing you can do is speak to a San Antonio personal injury attorney firm that offers a free consultation so that they can advise you on your next steps.
However, in general, here are a few questions to determine if you might have a case.
Are you injured?
If you or your loved one have been injured in an ATV accident, then you might have a case. Even if you suspect that you could be partially to blame, you may still be able to claim compensation.
Are your injuries due to someone else’s negligence?
Did someone else’s actions cause or contribute to the accident? For example, you were a passenger in an ATV, or perhaps you rented a vehicle that malfunctioned.
What has your injury cost you?
Injuries lead to medical bills, lost wages, and emotional suffering. All of these things can be quantified and considered in your settlement.
How to File an ATV Accident Claim
1. Speak with an ATV Accident Attorney
Although it is not a requirement to have an attorney file an ATV accident case, it is the best way to ensure you are treated fairly. An attorney from The Law Office of Eric Ramos will fight tirelessly to secure a fair amount in compensation.
The legal process can feel overwhelming, especially if you are recovering from injuries. When you seek representation from a high-quality law firm, you can focus on getting better and can rest easy knowing everything is in hand.
Once you have made the decision to pursue legal action, your attorney will begin an investigation. They will collect evidence and determine what happened, such as who is to blame, and how much compensation you are entitled to.
Personal injury cases often involve a lengthy negotiation process. It is important that you never accept the first settlement offered to you, as it will likely be less than what you deserve and will ruin your chances of fighting for more.
When you hire a personal injury attorney at The Law Office of Eric Ramos, you will secure an attorney who is prepared to fight for fair compensation. Most cases settle. However, if an agreement cannot be reached, they will be prepared to take your case to court.
Compensation After an ATV Accident
Owners and operators of ATVs have a legal duty to ensure that their vehicle is operated safely and to avoid risk to drivers, passengers, or bystanders. Any breach of that duty can result in liability.
There are three types of damages available in a personal injury case, economic, non-economic, and punitive damages.
Economic damages compensate you for your financial losses as a result of the ATV accident. The most significant losses are usually medical bills and lost wages.
However, economic compensation can also include property damage, taxis to and from the hospital, childcare while you are in the hospital, and more.
Non-economic damages compensate you for your pain and suffering. That could include physical pain, emotional suffering, and loss of enjoyment in life if you are unable to live your life in the same way as before.
Unlike economic damages, these can be difficult to quantify. An ATV accident attorney can help make sure that you receive a fair amount of pain and suffering damages.
Punitive damages are meant to punish the perpetrator rather than compensate the victim. They are not always awarded and are only given in cases where the at-fault party acted particularly recklessly.
Who Is Liable for Damages After an ATV Accident in San Antonio?
The at-fault party could be liable for your damages after an ATV accident. Although this can be the driver of the ATV, it is not uncommon for liability to lie elsewhere.
Potentially liable parties include:
- ATV riders – If the person driving the ATV acted recklessly, such as driving too fast or driving under the influence of alcohol, they will be liable for damages.
- Another ATV driver – If another ATV driver drove recklessly, infringed on your right of way, or was speeding, you may be able to file a claim against them.
- The ATV owner – ATV owners must ensure that their vehicle is in a safe condition and that the rider is safe to operate it. If a minor is riding it, then they must make sure that they are properly supervised. They are also required to ensure users wear proper safety equipment such as a helmet. If the ATV owner was negligent in any way, then you may be able to obtain compensation from them.
- The property owner – If landowners allow ATVs on their property, they have a duty to alert riders about any potential dangers present on the premises. If unexpected conditions caused the ATV accident, then the landowner could be responsible.
- A motor vehicle driver – ATVs are usually prohibited on public roads in Texas. However, there are circumstances where they can be on roads, such as a farmer or rancher traveling less than 25 miles or a public utility worker. If you were following the law, and an accident was caused by another motorist, then they could be liable for your damages.
- The ATV manufacturer – If there is a defect in the manufacturing or design of the ATV, then you could seek compensation against the manufacturer.
Statute of Limitations
In Texas, the statute of limitations for personal injury claims is two years. That means you only have two years to claim compensation after an accident that causes personal injury.
The statute of limitations for wrongful death is also two years from the date when you lost your loved one.
Contact One of Our Experienced ATV Accident Attorneys Today
If people fail to take the proper precautions, ATVs can be extremely dangerous. If you or a loved one has suffered in an ATV accident, then you may be entitled to compensation.
It is important that you focus on your recovery. Therefore an experienced San Antonio ATV accident lawyer can fight on your behalf and take away the stress of a legal battle. They are also your best chance at receiving fair compensation.
The Law Office of Eric Ramos is committed to helping victims of personal injury move forward with their lives in the best way possible. When you seek representation from us, you will ensure personalized support from start to finish from an attorney who truly cares about your well-being.
Don’t face the Texas legal system alone. Contact us today for a free consultation with one of our ATV accident lawyers at (210) 404-HURT (4878).
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