How Is Fault Determined in an ATV Accident?
Like other kinds of accidents, fault is based on establishing negligence in your ATV accident case. Your accident may have been caused by another ATV operator or a defect from the vehicle manufacturer. If the accident occurred on someone else’s property and the owner didn’t maintain the land or knew there was a risk of danger, they could also be responsible.
In any case, victims must prove negligence by showing that the at-fault party owed them a duty of care, the duty was breached, and that the breach resulted in their injuries.
What if Fault Is Shared?
Even if you are partially responsible for the accident, you may still be able to recover damages.
Pennsylvania follows a system of modified comparative negligence. Section 7102 of Pennsylvania’s statutes outlines this system. If your portion of fault for the accident does not exceed 50%, you can recover compensation based on your percentage.
For example, suppose another rider’s reckless operation caused your ATV accident, but you contributed to the crash by speeding. In that case, your damages would be reduced by the percentage of fault attributed to you. So, if your speeding is found to make you 25% at fault and you suffered $100,000 in damages, you could be awarded up to $75,000.
If you are found to be 51% responsible, you are not eligible to recover compensation.
How to Prove Liability in an ATV Accident
While many cases settle out of court, our Lancaster ATV accident lawyers are prepared to take every case to trial if necessary. Your ATV accident lawyer can take care of the legal details so you can focus on recovery. Your lawyer will:
- Investigate what happened
- Gather evidence to support your claim, such as witness reports and medical records
- Assess the value of your damages
- Negotiate with the insurance company
- Represent and advocate for you in court
Our team knows Pennsylvania personal injury laws and how to navigate them to succeed. We’ll ensure you understand your rights and explain your options.
ATV Accident Injuries & Damages
ATV accidents can occur for a variety of reasons, such as:
- Driving too fast
- Exceeding passenger limits (most are designed for one passenger)
- Not wearing safety gear such as a helmet
- Defective parts or mechanical issues
- Driving in unfamiliar areas over challenging terrain
- Impaired driving due to drug or alcohol use
The CPSC’s report estimated that U.S. emergency rooms treated over 112,000 injuries associated with off-highway vehicles like ATVs in 2020. Accidents can range in severity and cause anything from minor scrapes and cuts to more severe injuries such as broken bones, head and neck injuries, burns, spinal cord damage, and paralysis. Fatal accidents are also unfortunately common.
Recovering What You Lost
Compensation for ATV accidents (referred to as damages) can include the following:
- Economic Damages: Your monetary expenses and losses, including current and future medical bills, lost income, reduced earning capacity, and other out-of-pocket expenses.
- Non-Economic Damages: Your intangible injuries, such as pain and suffering, scarring, disfigurement, embarrassment, and loss of enjoyment of life.
- Wrongful Death & Survival Damages: A spouse, child, or parent may recover wrongful death compensation for the loss of their relative’s financial and emotional support. An estate can recover survival damages for the deceased person’s pain and suffering and lost earnings.
- Loss of Consortium: This compensation is for a spouse who has lost their partner’s services, support, comfort, and companionship.