Although useful on farms and exciting as an off-highway vehicle, all-terrain vehicles (ATVs) are a frequent cause of serious or fatal injuries. These vehicles often roll over, throwing their passengers off or crushing them. If you or a loved one has been involved in an ATV crash, you may be eligible to seek compensation.
Working with a skilled Houston ATV accident lawyer, you can determine who may be at fault for your rollover crash and hold them accountable for their negligent actions. Collisions involving this kind of recreational vehicle are on the rise. Victims of these all-terrain vehicle accidents need guidance for pursuing an insurance claim or potential lawsuit.
Attorneys Steve Lee and Sam Lee are ready to help with a free consultation backed by their knowledge and experience.
Wrongful Death and Serious Injuries in ATV Accidents
According to a report by the U.S. Consumer Product Safety Commission (CPSC), as many as 113 Texans lost their lives in an ATV crash in the last reporting year. Thousands more are injured yearly, often facing conditions such as spinal cord injuries, broken bones, internal organ damage, and traumatic brain injuries. The most commonly involved body parts are the head and neck.
ATV accident victims are often riding in woods, fields, or on unpaved roads. They can suffer any of the following serious injuries:
- Amputations: You may lose a hand, foot, toes, or fingers in the crash, or a limb may need to be surgically removed to save your life.
- Blunt force trauma: The impact of hitting another vehicle, a tree, a fence, or the ground can leave you with bruises or internal damage.
- Cuts and lacerations: Although sometimes minor, deep cuts and slashes can leave you open to infection or debilitating bleeding.
- Internal bleeding: One of the most dangerous medical conditions, you may not realize you are bleeding internally until it is too late.
- Puncture wounds: Sticks, vehicle components, and other items could puncture your lungs, arms, legs, or torso, causing severe injuries.
- Road rash: Losing large amounts of skin or severe scraping from pavement or gravel can lead to scarring and infection.
- Scarring and disfigurement: You may suffer societal isolation if you are left with severe scarring or disfigurement from your injuries.
Texas has specific laws regarding these off-highway vehicles (OHVs), including safety equipment that should be installed and safety gear riders should wear. For example, an ATV should have a functional muffler, working taillights and headlights, and effective brakes. ATVs can be Type 1, which is only approved for one driver and no passengers, or Type 2, which allows a driver and a passenger. All riders should wear safety gear and helmets.
Although ATVs are not allowed on public highways or the shoulder of public roads, this does not mean all riders follow the law. However, riding an ATV near asphalt and larger automobiles can lead to much more serious ATV injuries and even fatalities.
Wrongful Death from ATV Crashes
No matter where an ATV crashes, accident victims may suffer such severe injury that they pass away. Many ATV riders are young, with the typical age between 12 and 25. In fact, one-third of deaths from ATV accidents are for riders under the age of 16. They may be riding ATVs built for heavier adults and suffer a much higher risk of death because of this.
If the circumstances indicate that someone is at fault for your loved one’s death, you may have the right to file a wrongful death claim against those responsible. Potentially liable parties could include automobile drivers who collided with the ATV, even if the rider was illegally traveling on a public road, the vehicle manufacturer, a repair shop, and / or the landowner who failed to maintain a safe riding environment for ATVs.
Determining who is liable can be very challenging in these cases, so it is best to speak with our Houston ATV accident attorneys for guidance as soon as possible after your crash.
How Our ATV Accident Lawyers Can Help
When someone is harmed in an ATV crash, your first goal is to get them the medical assistance they need. This may involve emergency services and transport to a hospital. Your medical bills may include ER, ICU, and surgical care, which can cost thousands of dollars. Once they are stabilized and begin to heal, you can turn your efforts to finding who is responsible for the accident.
There are numerous individuals and entities that could be liable for the crash. Your ATV accident lawyer in Houston may find more than one responsible party, such as repair shops, vehicle owners, property managers, and ATV manufacturers. For example, Polaris recently issued a recall through the Consumer Product Safety Commission for its 2021-2023 Sportsman off-highway vehicles for a defective ATV braking system.
Investigating the circumstances of your crash, determining the responsible party or parties, gathering evidence, and presenting a robust case are services your ATV accident attorney in Houston can provide while you are recuperating from your injuries. We will interview witnesses and experts, recreate the accident with current technology, and negotiate with the insurance company on your behalf. If they do not meet our demands for a fair settlement to cover your medical expenses and other damages, we will take them to court.
Insurance Companies Are Not Your Friends
When you purchase insurance, your agent may tell you that the company cares about you and wants to help when you are hurt. This is rarely the truth. Insurance providers are businesses first, meaning they put their profits ahead of your best interests. This can be surprising and frustrating when it comes time to file a claim for your ATV accident.
Insurers want to minimize what they pay you because it affects their bottom line. They know the details of your policy and how it works. They are counting on the fact that you probably do not understand the intricacies of your coverage, and they will even lie to you about what they can pay. Instead of falling prey to their underhanded tactics, you can put them in touch with your Houston ATV accident lawyer for all communications and negotiations.
Steve Lee, Sam Lee, and our entire legal team will not let the at fault parties get away with treating you poorly or minimizing your injuries. We will fight fiercely for the settlement you need to cover your medical bills, lost wages, and other expenses. We understand how they will try to pin the blame on you, and we will interpret Texas law to your advantage to secure the best possible outcome for you.
Speak With a Houston ATV Accident Attorney Today and Schedule Your Free Consultation
Attorney Steve Lee and his team offer over 50 years of experience serving Texans in every kind of personal injury case. At our law office, you are more than just a number. We value building a strong attorney-client relationship, so you will put your trust in us. Beginning with a free case evaluation, we listen to your story with compassion and work on your ATV accident case with integrity, experience, and tenacity.
We do not let insurance companies or defendants take advantage of you, and we ensure you secure the justice and compensation you deserve. Instead of worrying about how to file your insurance claim or manage a lawsuit, let a Houston ATV accident lawyer from our law firm tackle the legal complexities for you. Contact us today to learn more about your options and how we can help.