Our Irvine ATV Accident Lawyer Helps Win Compensation

All-terrain vehicles (ATVs) are used to travel off paved roads in areas such as forests, woods, dirt roads, and fields. They can be fun and exciting, but the results can be deadly when they are involved in accidents.

ATVs are particularly dangerous because they do not provide restraints or seatbelts and have lax restrictions, so riders do not need to be experienced, licensed or insured to operate them. They offer riders little protection, so when involved in a crash, victims may be left with serious injuries that result in costly surgeries, hospitalization, rehabilitative care, and even death.

If you or a loved one has suffered a serious injury or someone has died while riding on or was run over by an ATV due to someone else’s negligence or fault, you may be entitled to compensation through insurance or a personal injury lawsuit. While no amount of money can fully compensate for what you are going through, a successful claim can help pay for medical care, alleviate your financial problems, and allow you to concentrate on getting well.

Unfortunately, winning compensation is not easy. California personal injury laws are complicated, and there is a bias against ATV riders for being reckless to begin with. Insurance companies are out for profit and want to pay out as little as possible. They have attorneys and investigators working to deny or minimize claims, so it is difficult to go up against them without competent legal assistance to fight.

The ATV accident lawyers at Neale & Fhima, PC have the experience needed to investigate the accident, determine who is liable, and fight for the compensation you deserve. We provide a free consultation to help you understand your rights and determine the best way to proceed with your case, so call us today to get started.

Why Choose Our ATV Accident Attorney

ATV cases are more complex than ordinary car crash cases, so it is important to find an car crash attorney with the knowledge, skills, and resources to handle the investigations and negotiations necessary to receive compensation. Here are some reasons why we feel you should choose Neale & Fhima:

  • We are experienced. Our attorneys have over 40 years of combined litigation experience. Attorney Aaron Fhima has earned a reputation as a tough personal injury negotiator and litigator and has recovered  millions for his clients..
  • With a 99% success rate, we get results for our clients and have recovered in excess of $50,000,000 for our clients’ injuries and losses. You can read Testimonials from those we have helped.
  • Our achievements have earned us numerous firm and individual credentials, including The Top 40 Under 40, Super Lawyer, Rising Star, Best Attorneys of America, and Million Dollar Advocates Forum, the most prestigious group of trial lawyers in the United States.
  • We put our clients’ needs above all else, and law firm owner,  Aaron Fhima, is personally involved in every single claim.
  • We deal and negotiate with insurance companies, so you won’t have to.
  • We offer free initial, no-obligation consultations to get you started.
  • We are accessible, with offices in Irvine, Los Angeles, San Francisco, or San Diego CA and are available 24/7 for client emergencies.

How Our ATV Accident Attorney Work for You

It is important to start investigating your ATV accident case as soon as possible while evidence and witnesses can still be found. When you have our Neale & Fhima legal team on your side, we will start working for you immediately. We will:

  • Meet with you to discuss how the accident happened and who the at-fault parties may be
  • Evaluate your damages and estimate what your case may be worth
  • Investigate the accident scene to gather and preserve evidence, such as from damage to the ATV and other vehicles, videos and photographs, police, ambulance, and medical records and reports, and interviews with witnesses and first responders
  • Hire experts to reconstruct the accident and determine fault, and experts to testify as to the costs and extent of your injuries and the effects on your life into the future
  • Deal and negotiate with insurance companies and their attorneys for a fair settlement
  • Build your case and take it to court if necessary.

ATV Accident Lawyers Must Prove Negligence

It is safer for ATV riders to be ejected from the vehicle than to be crushed under it, so ATV riders are not restrained or held to the vehicle with seatbelts. Therefore, California law requires ATV riders to wear helmets on public lands, as well as protective clothing to help minimize injuries. While some injuries are due to failure to use such protection or are caused by driving the ATV recklessly, if the negligence of another party caused your injuries, that party may be held liable for the damages that result.

To win your personal injury case, your ATV attorney must prove that another party, the defendant in the case, was negligent and at fault for causing the accident that injured you. If your injury was the result of a distracted driving incident, consulting with a distracted driving crash attorney can provide specialized expertise. This means showing the existence of the following legal elements:

  • Duty: The defendant had a duty of care not to cause harm.
  • Breach: The defendant breached this duty by acting or failing to act.
  • Cause: This breach caused the accident that led to your injuries.
  • Damages: You suffered damages as a result.

There are numerous defendants that can be held liable for your injuries, depending on the situation. Some possible responsible parties are:

  • Manufacturers of ATVs or their parts. If there were defects in the design or manufacture of the vehicle or parts, or failure of the manufacturer to provide adequate warnings and instruction, the manufacturer could be held liable.
  • Property owners. If property owners knew of or should have known of hazards and failed to warn of dangerous conditions on the property, they could be held liable.
  • ATV driver. If you were a passenger on an ATV where the driver drove while intoxicated, was speeding, or took on too many passengers to drive safely, the driver could be held liable.
  • ATV rental companies. If they failed to properly inspect and maintain the vehicle, and this caused the crash.
  • Business owners and employers. If employees were injured on an ATV while at work.
  • Other ATV or vehicle drivers, if they were negligent and caused a crash.

Through our investigations, the evidence, and use of experts, our Irvine ATV accident lawyers would seek to identify all negligent parties and name them as defendants in the case, as they all may have insurance and assets that can go toward a settlement.

Damages Our ATV Accident Attorneys May Recover

In a successful case, our Irvine ATV accident attorneys may win compensation that covers all your losses, referred to legally as “damages.” Your damages award should include both your “economic” or monetary damages and your “non-economic” damages that do not have a specific dollar value, but negatively impact your life.

Examples include:

  • Medical and rehabilitation expenses in the future
  • Property damage and ATV repair costs
  • Lost income and benefits for time spent away from work
  • Pain and suffering damages such as physical pain, anxiety, fear, emotional anguish, and psychological trauma
  • Disability or disfigurement
  • Loss of quality of life and consortium
  • Wrongful death expenses.

ATV Accident Attorneys Answer FAQS

After a tragic ATV accident, you are bound to have many questions.  Here are some answers to questions our attorneys are often asked:

What will my damage award be?

There is a wide range of damage award amounts possible for an ATV accident injury, from thousands to millions of dollars, depending on the circumstances of the case. In general, settlements will be higher when injuries are severe, permanent, or require expensive treatment and continuing care or if a wrongful death lawyer indicates a wrongful death was involved.

How long do I have to file a case?

California has a strict two-year statute of limitations for filing personal injury claims (California Code of Civil Procedure 335.1). You must file within this deadline, or your case is likely to be dismissed without consideration.

What if a loved one died in an ATV accident?

If a loved one died in an ATV accident, our attorneys may be able to file a wrongful death lawsuit against the party responsible for causing the accident. Damages can include:

  • burial and funeral expenses
  • amounts the deceased would have earned
  • compensation for the loss of the deceased’s companionship and support
  • medical bills for the care of the deceased right before death.

Can I ride an ATV on a road or highway?

No, operating an ATV on highways in California is illegal, and it is dangerous to do so. Manufacturers do not design ATVs to drive on pavement, as tires can grip the hardtop with too much pressure, causing the ATV to flip and roll over.

When you retain Neale & Fhima, we will be there for you throughout the entire legal process to answer your questions and address your concerns.

Get Help from Our ATV Accident Lawyer

After a serious ATV accident, the skilled attorneys at Neale & Fhima are ready to help guide you through the legal maze involved with winning fair compensation. We can determine the parties responsible for the accident, gather evidence supporting your claim, and negotiate with insurance carriers to win a just settlement, and we are fully prepared to aggressively litigate your case in court if necessary.

Call us now to evaluate your case and determine the best way to recover the compensation you need to help rebuild your life.

Get Help Now 888-407-2955


Attorney Aaron Fhima

Aaron Fhima, California attorneyAaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]


    99% SUCCESS

    At Neale & Fhima, we have extensive experience helping clients file successful Lemon Law and Personal Injury claims. We offer free consultations for clients who need assistance with either claim.


    Best Attorneys of America
    National Trial Lawyers, Top 40 Under 40