Do I Have an ATV Accident Case?

If an ATV accident is caused by the negligence or actions of another party, it is often possible to file a legal claim against them. Sometimes the party at fault is the manufacturer. Unless a warning or recall was issued, they may be sued if a faulty part resulted in a fire or explosion, which has been the case in several accidents. In 2016, two women were killed in an ATV fire in Arizona, on vehicles manufactured by Polaris, a company that recalled more than 19,000 all-terrain vehicles part of the Sportsman 850 and 1000 series.

Circumstances of the Accident

An accident victim may have a case if it occurred on another individual’s property or state-owned land. If a crash happened on a state trail where there was a hole or other hazard, a claim might be filed against the state. Filing a claim for an accident on another person’s property is possible if the driver was operating the ATV with the owner’s permission. The damages may be covered by the property owner’s insurance policy.

If another vehicle or person was involved in the accident, there may be a case. This can be another all-terrain vehicle driver or even the driver of a car or truck. The other person may be liable if one can prove their actions directly caused the accident, but in single-vehicle accidents, it’s usually difficult to file a claim against someone else unless it’s obvious ground conditions on one’s property were adverse or a company failed to correct a part defect.

Actions Taken After a Crash Matters

The more diligent in following the law a victim or anyone involved in an ATV accident is, the more likely it is they may have a case. Of course, speeding and reckless driving can pin liability on the person instead of leaving them with options to pursue legal action against someone else. But if one immediately documents the accident, contacts law enforcement and their insurance company, and exchanges information with others involved in the wreck, they have more to show in their defense during a possible case.

Seeking medical care to obtain detailed reports helps too. The more information one has, the more details they can include in a claim and when seeking compensation from any party that may be liable. Despite following all the proper protocols, only by consulting with a legal expert in the field can someone know for sure if they have a case following an ATV crash, fire, or explosion.