Side-by-side ATVs can be an excellent tool for exploring trails and enjoying some of the less accessible parts of nature. However, when these motor vehicles crash, victims’ injuries are often catastrophic.
When someone else’s negligent actions were the cause of your collision, you may be entitled to compensation for your damages and suffering. But for your claim to be successful, your ATV accident lawyer must be able to introduce evidence that proves another party’s liability.
Common Causes of Side-by-Side ATV Accidents and Liability
When you have been involved in a side-by-side ATV accident, you have the right to recover full compensation for your damages. However, your personal injury lawyer must prove the defendant’s liability and negligence for your insurance and civil claims to succeed.
In civil court, the burden of proof is based on a preponderance of the evidence. We must present compelling evidence showing the defendant is likely to be blamed for the injuries you sustained. With that in mind, here are some of the most common causes of ATV accidents and those responsible for causing them:
Negligent ATV Operators
More often than not, side-by-side ATV accidents are caused by the ATV operator’s negligence. Negligence with these types of outdoor recreational motor vehicles can include an array of unsafe driving behaviors, some of which include:
- Driving under the influence of drugs or alcohol
- Inexperienced ATV operators
- Reckless ATV operators
- Operating an ATV while distracted
- Failure to follow the rules and regulations on back roads
Negligent ATV operators should be held accountable if they are operating a side-by-side ATV unsafely and causing injuries to their passengers. They can also be held responsible if they cause a collision with another recreational vehicle or strike a pedestrian.
Property Owners
The owner of the ATV could be held accountable if they lend their recreational vehicle to someone inexperienced, an individual who operates the vehicle unsafely, or if the owner fails to ensure the ATV’s safety, maintenance, and operation. For this reason, those looking to rent side-by-side ATVs may want to consider choosing a company with insurance protection coverage.
An Employer
The company that owns and operates side-by-side ATVs can also be held accountable when its recreational vehicles are involved in collisions. Some of the most common instances in which employers can be sued include:
- Failure to perform safety inspections
- Failure to perform necessary maintenance
- Allowing inexperienced ATV operators to rent recreational vehicles
- Using poor-quality parts to make repairs
It should also be noted that ATVs can also be used for on-the-job responsibilities, including manufacturing and construction work. You might have the right to workers’ compensation benefits if you suffered work injuries. Your employer’s workers’ comp protection coverage should cover your medical expenses, provide wage replacement benefits, and even cover the costs of vocational rehabilitation where necessary.
Proving Liability in an ATV or Side-by-Side Accident
A side-by-side ATV accident claim can be successful only if your personal injury attorney shows that another party’s negligence or conduct contributed to your injuries and damages.
The circumstances surrounding your accident will help us identify the liable party and gather the evidence necessary to prove the defendant’s negligence. For example, if defective parts caused your ATV accident, your attorney would know to look to the recreational vehicle manufacturer, the property owner, or other third parties.
Some of the most common types of evidence that may be available in cases like these include:
- Safety inspection reports, or lack thereof
- Maintenance records, or lack thereof
- Photos of the ATV accident scene
- Body cam footage of the collision
- Copies of your medical records
- Analysis of the ATV’s black box data
- Witness statements
- Police and crash reports
Shared Fault Laws in Pennsylvania ATV Accident Cases
Pennsylvania uses a modified comparative negligence system with a 50% threshold. You can still recover compensation if you share some fault, as long as your portion does not exceed 50%. Your award will be reduced proportionally. For example, if you were 15% at fault for not wearing a helmet and the jury awarded $100,000, your final payout would be $85,000.
How Atlee Hall’s ATV Accident Lawyers Can Help
You are under no legal obligation to have an ATV accident lawyer handling your case while you are still recuperating from your injuries. However, having an assertive legal advocate fighting for you could make all the difference. While you focus on healing, your attorney can:
- Conduct an in-depth investigation into how the side-by-side ATV accident occurred
- Gather compelling evidence to prove the defendant’s liability and negligence
- Quantify your damages to calculate the value of your claim accurately
- Prepare to negotiate with the insurance company for a reasonable settlement
- Fight for your right to maximum compensation at trial, where necessary
Contact a Pennsylvania ATV Accident Lawyer Today
Side-by-side ATV accidents can have life-changing consequences. If you’ve been injured due to someone else’s negligence, you deserve fair compensation. Atlee Hall’s Pennsylvania personal injury lawyers are ready to help you identify liable parties and recover damages.
We can help you hold the liable party accountable and fully recover your damages. Please fill out our convenient contact form or call our office at (717) 393-9596 to get started today.
