Texas ATV Accident Lawyers

Who Can Be Held Liable for an ATV Accident?

The liable party for an ATV accident depends on the circumstances of the crash. Generally, any person or entity who played a role in causing an ATV accident can be held liable for resulting damages. This includes other drivers, property or business owners, manufacturers or distributors of defective ATV parts, and others. Our ATV accident lawyers can handle cases against manufacturers like Suzuki, Polaris, Yamaha, Honda, Kawasaki, Can-Am, Arctic Cat, Kymco, DRR, Linhai, CFMoto, and others.

For example, another driver may be found liable if they were speeding or driving recklessly when they collided with the ATV rider. The manufacturer of a vehicle part may be held accountable if it was discovered that a defect in the part led to the accident. Similarly, property owners could be found liable if their failure to maintain safe grounds resulted in an accident involving an ATV rider. Lastly, a government entity may be responsible for creating unsafe road conditions that caused an ATV accident.

Essentially, anyone who acted negligently in some way that caused or contributed to an ATV accident can be held liable for resulting injuries and damages. Our experienced Texas ATV accident attorneys can help you determine who is at fault and what legal recourse you have available to seek compensation for your losses. If you have been injured in an ATV accident, call Thompson Law‘s ATV accident lawyers today for a FREE CASE REVIEW.

What Damages Can I Collect for ATV Accident Injuries?

If you or a loved one has been injured in an ATV accident, you may be entitled to financial compensation for your losses. In most cases, this includes medical bills, lost wages and income due to time missed from work, pain and suffering, loss of enjoyment of life, and other damages related to the ATV accident. Depending on the extent of the injuries sustained in the crash, a victim may also be eligible for punitive damages if it is found that another party’s actions were grossly negligent or reckless.

• Medical Expenses: Many ATV accidents result in serious injuries that require long-term medical care and rehabilitation. If you have had to pay out-of-pocket for any medical expenses related to your ATV accident, you may be able to recover those costs. This includes emergency room visits, hospital stays, prescription medications, physical therapy sessions, mobility aids and equipment, home health care services or any other costs associated with treatment and recovery.
• Lost Wages: If your ATV accident has caused you to miss time from work due to doctor’s appointments or hospitalization for an extended period of time, you may be eligible for compensation for lost wages and future earning capacity. This type of economic damage could include unpaid wages from the time off from work as well as bonuses or benefits that you would have earned had it not been for the accident. It could also include any projected income that your injuries prevented you from receiving if they resulted in a permanent disability or impairment.
• Pain & Suffering: Pain and suffering is often part of an ATV accident claim as this type of non-economic damage can have serious consequences on an individual’s quality of life. This can include physical pain as well as emotional distress such as fear, anxiety and depression due to the trauma associated with the incident. Pain and suffering damages are awarded based on factors such as severity of the injury and how much they have impacted your daily activities and relationships.
• Punitive Damages: Punitive damages are intended to punish someone who acted recklessly or with gross negligence which caused harm or injury to another person. While they are rare in many personal injury cases, if it is determined that another person caused an ATV accident by operating their vehicle while under the influence drugs or alcohol; exceeding speed limits; violating traffic laws; or other forms of irresponsible behavior—punitive damages may be awarded alongside other compensatory awards.

You may be entitled under Texas law to other damages depending on the circumstances surrounding your accident. Call us today for a FREE CASE REVIEW and we can help you understand what compensation you may be able to seek for your ATV accident injuries. If you were seriously injured in an all-terrain vehicle accident, call our ATV accident lawyers.

Will My Auto Insurance Cover my ATV Accident?

In most cases, your auto insurance will not cover an ATV accident. ATVs are typically considered to be off-road vehicles and therefore are excluded from coverage under the majority of auto insurance policies. Even if you have comprehensive coverage on your vehicle or a separate recreational vehicle policy, these policies will typically not provide coverage for damages caused by an ATV accident.

However, if you or another party involved in the accident carries liability insurance, then it is possible that some of the resulting expenses may be covered. Liability insurance may provide compensation for medical bills, property damage, and other costs associated with the ATV accident if it is determined that another person was at fault for the crash.

It’s important to note that different states have different laws regarding liability in ATV accidents, so whether or not you can seek compensation through a liability policy depends on where the incident took place. As such, it’s a good idea to contact an experienced Texas ATV accident lawyer who can evaluate your case and advise you on what legal options may be available to you in order to get the justice and compensation you deserve. If you or a loved one suffered injuries in an ATV accident, call our Texas ATV accident lawyers for a FREE CONSULTATION.

ATV Accident Statistics in Texas

ATV accidents in Texas are on the rise, with an average of 575 ATV-related deaths occurring between 2017 and 2019. In addition to fatalities, more than 4,100 people are injured in ATV-related crashes each year. The vast majority of these accidents involve recreational riders, with children under 16 accounting for 40% of all reported injuries. Common injuries include head trauma, broken bones, and even spinal cord damage.

From 1982 to 2017, the US Consumer Product Safety Commission (CPSC) found that Texas leads the nation in ATV-related deaths. In 2020 alone, there were 95 fatal ATV crashes and 613 nonfatal crashes reported across Texas. Of those nonfatal crashes, 11% resulted in serious bodily injury and an additional 10% resulted in moderate injury.

Alcohol is often a factor in these accidents, with 42% of fatally injured ATV riders on public roads having a blood alcohol concentration (BAC) above the legal limit in Texas of 0.08%. Nationally, an average of one person dies every week in an ATV accident.

Unfortunately, as more people take to the off-road trails, these numbers are expected to increase. From 2016 to 2018, the CPSC found Texas also led the nation in fatal accidents in off-highway vehicles (OHVs), which includes all-terrain vehicles (ATVs), Recreational off-highway vehicles (ROVs), and utility-terrain vehicles (UTVs).

Common Causes of ATV Accidents in Texas

Common causes of ATV accidents in Texas can include:

• Unsafe riding practices:  Unsafe riding practices are a major cause of ATV accidents, particularly among inexperienced riders who may not have the necessary knowledge or skills to safely operate the vehicle. Common mistakes that can lead to an accident include driving too fast for conditions, failing to wear protective gear (especially helmets), driving under the influence of drugs or alcohol, driving recklessly or aggressively, and carrying passengers on a single-rider ATV.
• Negligence on the part of other drivers:  Negligence on the part of other drivers is another leading cause of ATV accidents in Texas. Other vehicles may fail to yield to an ATV driver, cut them off unexpectedly when turning at an intersection, drive carelessly around curves or hillsides, back up into them from blind spots, or drive negligently while distracted by cell phones or other devices.
• Mechanical malfunction or improper maintenance:  Mechanical malfunctions and improper maintenance can also lead to serious crashes. If a defective part leads to an accident due to a manufacturer’s negligence—or if routine maintenance has not been performed—a person may be held liable for any resulting injuries or damage. This includes brakes that do not work correctly as well as worn tires and steering components that cannot properly control the machine in dangerous situations.
• Environmental conditions:  Environmental conditions such as uneven ground surfaces; ice; wet grass; deep water; loose sand; mud; loose rocks and stones; and steep hillsides can all lead to severe accidents if they are not adequately addressed by the rider before operating their ATV. It is important for riders to pay attention to their surroundings when participating in off-road activities and take steps to ensure that any risky terrain is carefully navigated in order to avoid harm coming to themselves or others.

Call our Texas ATV accident lawyers for a FREE CASE REVIEW if you or a loved one have been injured or was killed in an all-terrain vehicle accident.

Common Types of Injuries Suffered in ATV Accidents

The types of injuries suffered in ATV accidents can vary widely and range from minor cuts and bruises to life-threatening trauma. Common injuries include lacerations, broken bones, concussions, spine and neck injuries, internal organ damage, and traumatic brain injury.

• Head injuries:  Injuries to the head are among the most common in ATV accidents due to riders not wearing a helmet or being thrown from the vehicle. Head trauma resulting from an ATV accident can range from mild to severe depending on the force of impact as well as any other concurrent injuries that may have occurred. If a rider is not wearing a helmet at the time of impact, the risk of serious head or neck injury is greatly increased.
• Fractured bones:  Broken bones are also common in ATV accidents. Broken arms and legs can occur when a rider slams into an object or is ejected from their machine while traveling at high speeds. The severity of these fractures depend on the force of impact as well as any pre-existing medical conditions that may be present.
• Joint injuries:  Given ATV riders are often thrown from their vehicle, the potential for severe joint injuries exists. Most commonly these joint injuries involve fractures, torn ligaments, torn tendons, and damage to cartilage. Amputations are also common when injuries to the joint are severe.
• Back, neck, or spine injuries:  Neck and spine injuries are also frequently seen in ATV crashes due to riders not protecting themselves with proper safety equipment such as helmets or chest protectors. These types of injuries could lead to paralysis if they involve vertebrae damage or disruption of neural pathways that control motor functions in the body.
• Organ damage:  Internal organ damage is another type of injury that can occur after an ATV accident. This type of damage typically results from blunt force trauma caused by collisions with objects or being thrown from the machine itself during a crash. Internal organ damage can range from minor soft tissue bruising to full-blown ruptures depending on the severity of impact and any other pre-existing conditions present at the time of accident.
• Brain injuries:  Traumatic brain injury (TBI) is one of the most serious types of injury that can result from an ATV accident due to its potential long-term effects on physical and mental health. TBI occurs when someone’s head has been subject to significant force, either directly impacting a hard surface or being violently thrown around during an accident; this force disrupts normal brain function which can lead to memory loss, difficulty concentrating, and changes in mood or behavior over time if left untreated for too long.

Call Thompson Law’s Texas ATV accident lawyers for a FREE CASE REVIEW if you were hurt at an ATV accident.

How Much Time Do I Have to File a Claim for My ATV Accident Injuries?

In Texas, you have two years from the date of the ATV accident to file a claim for your injuries. This is known as the statute of limitations—an established legal timeline that determines how long someone has to pursue a lawsuit or insurance claim for their injuries. If you fail to file a claim within this two-year period, you may be barred from seeking compensation under Texas law.

However, depending on the specific circumstances of your case, the actual timeframe you have to take action may be shorter or longer than two years. For example, if there was any government involvement in the accident (such as a municipal road or highway), then an individual must give notice within six months of the incident in order to preserve their right to seek damages.

The exact details can get complicated so it’s always best to contact an experienced ATV accident attorney who can help determine your state’s laws and deadlines before taking any action. An attorney can also help manage all aspects of your case such as gathering evidence and filing paperwork with the court system so that you have one less thing to worry about during this trying time. Call Thompson Law today for a FREE CASE REVIEW.

Get a FREE CONSULTATION With Our Experienced Texas ATV Accident Lawyers

Call Our Texas ATV Accident Lawyers Today!

We understand how traumatic it can be to be involved in an ATV accident. Our team of experienced Texas ATV accident lawyers has years of experience helping individuals get the compensation they deserve for their injuries and losses. We are dedicated to providing personalized legal advice and representation that is tailored to your unique situation.

Our attorneys understand the complexities of these cases and are familiar with the laws surrounding ATV accidents in Texas. We will provide an honest assessment of your case, advising you on what damages you may be able to seek for medical expenses, pain and suffering, lost wages or income resulting from missed work, property damage, and more.

Thompson Law offers a FREE CONSULTATION so that you can discuss your case with one of our experienced attorneys at no cost or obligation. You can rest assured knowing that we will fight for maximum compensation on your behalf while providing compassionate support throughout the entire process. Don’t hesitate any longer – contact us today! Let our dedicated legal team help you get the justice you deserve after an ATV accident.