Butterflies fill Lisa’s stomach as she watches her son open the garage, revealing the last of his birthday presents. He had been begging for an all-terrain vehicle (ATV) so that he could go riding with his friends on the weekends. Originally, she had been against the idea but her husband had convinced her. “He is only going to be this young once.”
All of her fears dissipate as she sees the excitement fill his face. He thanks her and his father several times before running into the house to call his friends. Later that day, Lisa’s husband takes their son out to meet his friends with the ATV loaded in the back of their pickup truck. Hours go by before she finally gets a call from her husband. Happily, she answers, eager to hear about her son’s exciting first ride on the ATV. However, that is not the news she receives. Instead, she frantically searches the house for her keys as her husband relays the news that they are on the way to the local hospital. Her son has been involved in a terrible ATV Accident.
Experienced ATV Accident Attorneys Representing Injured Riders
ATVs are extremely popular in the state of Texas, as they are a thrilling way to tour the natural beauty of the state while engaging in a thrilling, high-speed adventure. Currently, there are over 85,000 registered ATVs in the state of Texas. Unfortunately, Texas also holds the record of the fourth-highest rate of fatal ATV accidents.
ATV accidents are incredibly dangerous and often lead to catastrophic injuries or, in the worst cases, death. The Hernandez Law Group, P.C. represents injured parties of an ATV accident, ensuring that they are able to get the compensation they deserve for medical expenses and damages. We don’t allow the insurance companies or manufacturing companies to bully individuals into accepting a settlement that is less than they deserve.
If you or a loved one has been involved in an ATV accident that was caused by the negligence of another party, contact our dedicated ATV accident attorneys. We will help you get your life back on track.
Understanding ATV Accidents and Texas Laws
ATVs are versatile vehicles that are used in a wide range of different fields across the state of Texas. From recreationists looking to explore the Texas landscape to ranchers and farmers using them to get across their farms, ATVs have become an integral part of Texan life and commerce. Most models weigh upwards of 500 pounds and can reach speeds of over 60 miles per hour. Their large wheels and aerodynamic design allow them to easily traverse over uneven and muddy terrain, making them a popular choice for off-roading adventures or getting around large properties.
Despite all of their uses and thrills, ATVs can also be extremely dangerous. In the last three decades, more than 850 people have died in ATV accidents with several thousand individuals more being seriously injured.
Laws and Regulations for ATV Ownership and Usage in Texas
Texas has very specific laws governing the ownership and usage of all-terrain vehicles. These laws are as follows:
- All ATVs must have an off-highway vehicle decal that must be visible when riding on public or private lands. This can be obtained through the Texas Parks & Wildlife Department.
- All operators must be wearing helmets and protective eyewear.
- All vehicles must have working breaks, a spark arrestor, and head and tail lights.
- Operators must carry a safety certificate that has been acquired through the state of Texas or another state.
- Unless you are a rancher, public utility worker, or a law officer, ATVs are not permitted on public roads.
Common Causes of ATV Accidents and Liability Issues
ATVs can travel at incredibly high speeds, which makes them a popular choice among thrill seekers. However, unlike cars where the driver is protected by the body of the vehicle, ATVs offer the rider little to no protection. They are also more prone to flipping if the rider hits an object on the road, causing the weight of the vehicle to land directly on the rider’s head or neck, leading to severe injury or death.
There are many potential causes of ATV accidents, but these are the most common:
- Reckless driving
- Manufacturing defects
- Driving while under the influence of drugs or alcohol
- Inexperienced drivers
- Distracted driving
What Injuries Often Result from an ATV Accident?
Some of the most common injuries following an ATV accident include:
- Broken bones
- Lacerations
- Road rash
- Degloving injury
- Severe burns
- Organ damage
- Internal bleeding
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Scarring
- Disfigurement
- Limb loss
Liability for ATV Accidents
ATV accidents can leave the rider in shock and their world in shambles. Mounting medical bills, loss of wages, and the long recovery from injuries add up to a lot of stress, and many injured parties are unsure of how they will get out of the financial hole. Thankfully, Texas personal injury law provides an avenue for individuals to seek compensation for their injuries by filing a claim against the negligent party. The first step in filing a personal injury claim is to determine who the liable party is. When it comes to ATV accidents, a few different parties may hold liability.
The Rider: One of the leading causes of ATV accidents is rider error. If another ATV rider makes a mistake while driving and collides with another ATV rider or another party, then they may be held liable for the accident.
Driver of Another Motorized Vehicle: Typically, ATV drivers are not allowed on public roads. However, there are instances where an ATV may have to cross a road to get back on a trail or where another driver may encounter an ATV while traveling off-road with their vehicle. In these cases, if one of the drivers acts negligently and collides with an ATV, the negligent driver could be responsible for compensation of the injured party.
ATV Tour Companies: ATV tours are popular for tourists and families looking for fun thrills. Often, these ATVs have been heavily used. ATVs need consistent maintenance and repairs to ensure that they can be operated safely. When an ATV tour company fails to ensure that their vehicles are properly maintained, it can lead to an accident caused by a faulty part.
The Manufacturer of the ATV: Manufacturers of ATVs are responsible for ensuring that their parts are well-designed and vehicles built properly. If there is a defect with one of the parts or if the ATV was designed poorly and the defect/poor design led to an accident, then the manufacturer can be held responsible. This would fall under product liability law.
The Mechanic: ATVs require proper upkeep, meaning that a mechanic will need to service them from time to time. If the mechanic fails to identify and repair dangerous defects or damaged parts, then the ATV could be unsafe to use. If a wreck is caused by the negligence or poor repairs of the mechanic, then they may be held responsible for the accident and any sustained injuries and damages.
Why You Need an Experienced ATV Accident Attorney in Dallas
It is normal to feel overwhelmed after an ATV accident. Most individuals are unsure where to turn to for help. An experienced ATV accident attorney can ensure that you are taking the right steps to get the compensation you deserve from the liable party after an accident. They will sit down with you and go over the specifics of your case, ensuring that you are going after the liable party for your accident.
Getting an attorney on your side as soon as possible after an accident is the best chance you have to get a favorable outcome for your case. A knowledgeable ATV accident attorney can help you with the following:
- Investigating your case
- Negotiating with the liable party and their insurance companies
- Taking your case to court if it cannot be settled during negotiations
How Hernandez Law Group Fights for ATV Accident Victims
Hernandez Law Group, P.C. understands that there are a wide range of challenges that injured individuals face after an ATV accident, from undergoing extensive medical treatments and therapy to dealing with the emotional exhaustion of missing time at work and handling the overwhelming financial stress. It may seem impossible to move forward. That is why our Dallas ATV accident attorneys work around the clock to ensure our clients can successfully focus on their recovery while we get them the compensation they deserve. Our attorneys assist our clients by handling the following on their behalf:
- Investigating the scene of the accident
- Gathering evidence to support our client’s claim
- Gathering medical records, reports, and bills
- Gathering police reports
- Getting repair statements for personal property damage
- Working with accident recreation experts to show critical details of your case
- Filing all documents and petitions
- Maintaining honest and open communication to ensure our clients understand what is happening at every step of their case
- Aggressively handling the insurance companies to ensure that they are not trying to lowball our clients
- Providing experienced legal representation in court if necessary
Compensation Available After an ATV Accident Injury in Dallas
After an ATV accident, you can seek compensation for several types of damages. These include:
- Personal property damage
- Medical bills (present and future bills)
- Loss of income
- Pain and suffering
- Punitive damages
- Mental anguish
Contact Hernandez Law Group for a Free ATV Accident Consultation
Since our founding in 1999, the Hernandez Law Group, P.C. has been the trusted name among ATV accident attorneys across the DFW Metroplex and Amarillo. We fight tirelessly to get the compensation our clients deserve after they have been involved in an accident due to no fault of their own. We have successfully recovered millions of dollars for our clients’ injuries and damages and have an over 98% success rate.
Partner with the attorneys that put you and your family first by contacting the Hernandez Law Group, P.C. today. Our ATV attorneys look forward to speaking with you in your free, no-obligation consultation. Let our family fight for yours.
FAQs:
The following parties may be held responsible for an ATV accident if it can be proven that their negligence directly caused the incident:
– The rider
– A driver of another motorized vehicle
– ATV tour company
– The manufacturer of the ATV
– The mechanic who worked on the ATV
Yes! If it can be proven that the individual who was watching your child was negligent by letting the child drive or ride unsafely on the ATV, then the individual who owned the ATV or was watching them may be held responsible.
You can claim damages for the following:
– Current and future medical expenses
– Long-term costs related to therapy and hospitalization
– Lost wages
– Loss of earning capacity
– Physical and emotional pain and suffering
– Mental anguish
– Loss of consortium
– Loss of companionship
– Loss of quality of life
The Statute of Limitations in Texas gives individuals two years from the date of the accident to file a lawsuit against the negligent party.