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.
ATV cases are more complex than ordinary car crash cases, so it is important to find an 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:
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:
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. This means showing the existence of the following legal elements:
There are numerous defendants that can be held liable for your injuries, depending on the situation. Some possible responsible parties are:
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.
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.
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 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:
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.
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.
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CALIFORNIA PERSONAL INJURY ATTORNEYS ARE DEDICATED TO PROTECTING YOUR LEGAL RIGHTS.