Do people who are hurt in an ATV accident have any legal recourse?
As with all personal injury and wrongful death claims, the recovery of damages in an ATV crash hinges on proving fault. In other words, the primary issue is who caused the accident. In the news story below, an ATV driver was killed and his passenger was injured, and this raises some questions on this topic.
Operator fault
If a passenger is injured in an ATV accident, and they believe the driver caused the crash through negligence, the victim can sue the driver or make a claim against their insurance provider.
In order for the claim or lawsuit to be successful, the victim has to establish that the driver (1) had a duty to the victim, (2) breached that duty, (3) the breach caused the accident, and (4) the victim sustained losses and actual damages as a result.
If the driver dies in the accident, the claim or lawsuit would be directed at the deceased person’s estate.
As with car accidents and truck accidents, an ATV accident victim may be able to recover medical expenses, lost income, psychological anguish, property repairs, and pain and suffering.
Manufacturing defects
If it can be determined that the ATV had a manufacturing defect that caused or contributed to the crash, victims might be able to recover compensation for their injuries in a products liability lawsuit. If a victim is killed, his or her immediate family can bring a wrongful death case. Common manufacturing defects include faulty brakes, a defective steering mechanism, and even a defective helmet. In such cases, it may be cause to bring a suit against the manufacturer of the defective product.
Third-party fault
If another vehicle causes the ATV to crash, both riders might be able to bring a successful case against the driver of the other vehicle. If one or both are killed, their immediate family members can sue for damages.
Contact J. Gonzalez
Bringing a successful personal injury or wrongful death case requires the knowledge and advice of an expert attorney. The J. Gonzalez Law Firm has a staff of lawyers who have decades of experience in ATV accidents.
, as well as a long history of arguing It is unfortunately common for those using ATVs for recreation to drive under the influence of drugs or alcohol, even though many states have made operating an ATV under the influence a criminal offense. If you are operating an ATV under the influence and get injured, it may be more difficult to obtain compensation from another party. However, if you are injured due to negligent actions an ATV driver who is operating under the influence, a criminal conviction for drunk driving can be powerful evidence in a civil personal injury lawsuit.
They know how to compile evidence that can be examined by an expert to determine what or who caused the accident. Contact J. Gonzalez today for a free, no-obligation consultation to determine of you are entitled to compensation in an ATV crash case.
You can reach us via this website, or by calling 1-800-CAR-CRASH.
Harlingen man dies following ATV crash in Santa Maria
By: Benjamin Treviño
SANTA MARIA – A Harlingen man is dead after crashing an ATV into a canal near Santa Maria March 8. According to the Texas Department of Public Safety, 29-year-old Justin Gutierrez was driving an ATV on Bowers Road and FM 2556 with another male passenger.
A preliminary investigation shows Gutierrez and his passenger were traveling westward on Bowers Road and approached a T-intersection with FM 2556. The report states Gutierrez drove through the intersection, sending the ATV airborne over a canal. The vehicle crashed front first on the other side of the canal.
According to the release, neither man was wearing a helmet.
The two riders were transported to Valley Baptist Medical Center with serious bodily injuries. Gutierrez died the following day. The passenger, who was not identified, remained hospitalized.
DPS Troopers continue to investigate the fatal crash.
