Henderson ATV accidents can cause serious and debilitating injuries. At H&P Law, we understand the devastating impact severe injuries can cause. It may be in your best interests to work with a Henderson personal injury lawyer to help you navigate the claims process.
A Henderson ATV accident lawyer can help you pursue damages for your accident. Our skilled and experienced attorneys have more than 60 years of combined legal experience. Reach out to learn more.
Who Is Responsible for an ATV Accident
According to ATV accidents, ATVs have been linked to 96% of off-highway vehicle (OHV) injuries. Every ATV accident is different, and who may be liable depends on many factors. Some of the parties who may be at fault in an all-terrain vehicle crash include:
- ATV driver
- Vehicle manufacturer
- Property owner
- Government entity
A Henderson ATV accident attorney may examine the facts relating to your collision. They may help you figure out who is responsible for your crash. From here, they may be able to submit a claim in alignment with Nevada’s statute of limitations.
How Much Time You Have to File an ATV Crash Claim
Per Nevada Revised Statutes (NRS) §11.190, there is a two-year statute of limitations for personal injury claims. If you get hurt in an all-terrain vehicle collision, you may have up to two years from the date of your accident to seek damages. Working with an ATV accident lawyer can help you file your claim within the timeframe.
Before you file a claim, it may be helpful to consult with an ATV accident lawyer in Henderson. This gives you an opportunity to share any legal questions. The lawyer can answer frequently asked questions and many others relating to your case and help you decide if now is the right time to move forward with a claim.
At H&P Law, we know the ins and outs of personal injury law. Our ATV accident attorney in Henderson may help you file a claim before your window to do so expires. For more information, get in touch with us.
How to Prove Fault in an ATV Accident Case
To prove fault, you must show an at-fault party was negligent. This may require you to provide a wealth of evidence to support your claim. With evidence, you may be able to show the following elements of negligence were present when your accident occurred:
- Duty of Care: An at-fault party was legally responsible to you and was expected to avoid reckless and careless acts that could put others in danger.
- Violation of Duty of Care: The party breached their legal obligation.
- Causation: Since the party acted recklessly or carelessly, they caused your accident.
- Damages: You incurred quantifiable or subjective losses due to the at-fault party’s acts.
Medical records, accident scene photos, and other forms of evidence may be used in your case against an at-fault party. With help from an experienced legal team, you may be able to gather evidence from a wide range of sources. Each piece of proof you collect may help you show a judge or jury you deserve 100% of the damages you are requesting.
ATV Accident Damages
The damages you may receive after an ATV crash depend on your case. You may be eligible for economic and non-economic compensation. Reasons why ATV collision victims pursue damages include:
- Medical bills
- Property damage
- Lost wages
- Pain and suffering
By partnering with an attorney who has reported outstanding case results in ATV collision cases, you may boost your chances of getting the compensation you want. Your lawyer may work with you to craft an argument that explains why you are in no way at fault for your crash. In the best-case scenario, you may be able to show the defendant in your case was fully at fault, and you may get the compensation you need to recover from your accident.
ATV Accident Premises Liability
If you get injured on someone else’s property in an ATV accident, you may be able to submit a premises liability claim. It is reasonable to expect a property owner to take care of their space. However, if this individual is negligent, their property may be unsafe, which may contribute to your ATV crash and injury.
Proving a property owner was negligent may be challenging, but it is not impossible. You may be able to show an owner was aware of a dangerous condition on their property. Along with this, you may be able to prove the owner should have addressed this hazard.
It may take months or years to resolve a premises liability claim. Regardless, an attorney may help you navigate the legal process. They may communicate and collaborate with you throughout this process, ensuring you can make informed legal decisions every step of the way.
Comparative Negligence in an ATV Collision Case
Based on NRS §41.141, you may be found partly responsible for a personal injury. If this happens in your ATV crash case, you may be awarded a percentage of the damages you originally requested. There are also instances where you may not be awarded any compensation.
If you are less than 50% responsible and are partly at fault for your ATV crash, what you are awarded in compensation may be reduced by your percentage of fault. For example, a judge or jury may find you are 20% at fault for your collision. In this example, you may receive 80% of the amount you initially requested.
In a situation where you are primarily responsible, you may receive no damages. For instance, a judge or jury may rule you are 51% at fault for your crash. At this point, you may be ineligible to get damages.
Hire a Henderson ATV Accident Lawyer Today
At H&P Law, we can hold anyone responsible for your ATV crash accountable for their actions. Our legal team is here to assist you in any way we can. To request a free and confidential case evaluation, contact us today.
