You may get hurt in an all-terrain vehicle (ATV) accident due to no fault of your own. At this point, it may be beneficial to consult with a Mesquite personal injury lawyer. From here, a Mesquite ATV accident lawyer may help you pursue damages from an at-fault party.
At H&P Law, our team has more than 60 years of combined experience in winning cases for injury accident victims. We are available to review your case. To get started, contact us today.
ATV Definition
An all-terrain vehicle (ATV) runs on a motor. It has four tires and a seat in which an operator sits and steers the handlebars for control. An ATV may be designed for a single operator or a driver and a passenger.
In terms of Nevada’s rules of the road, there are no license or minimum age requirements for ATVs or other off-highway vehicles (OHVs). This means an operator of any skill or experience level may operate an ATV. The driver is responsible for operating their vehicle safely — if they cause an accident that leaves you with an injury, you may hold them accountable.
H&P Law is fully staffed with a legal team that can advise you in every aspect of your injury case. Our Mesquite ATV accident attorney may help you file a claim against the party responsible for your injury. To learn more, reach out to us.
Who Is at Fault for an ATV Accident
The driver of an all-terrain vehicle may be liable for your crash. For example, an operator may drive fast and slam their vehicle into you. At this point, you may seek damages from the driver as part of an injury claim.
There are times when an ATV manufacturer or another party is at fault for an accident. To prove fault, you must show an at-fault party failed to maintain their duty of care toward you, which led to your accident. You must also verify that you are dealing with losses due to the party’s actions.
An ATV accident lawyer in Mesquite may help you identify the party responsible for your injury. They may work with you to build a case against this party. If they are successful, you may be able to get the best case results.
When to File an ATV Accident Claim
According to Nevada Revised Statutes (NRS) §11.190, you may have up to two years from the date of your all-terrain vehicle accident to seek damages from a liable party. The window for submitting a claim may not be extended. If you do not pursue compensation within this period, you may not be able to request damages at a later time.
An ATV accident attorney in Mesquite can help you submit your claim. They may encourage you to ask for economic and non-economic damages. You may request economic damages for losses you can quantify and non-economic compensation for subjective harm.
You may request a reasonable amount of compensation but still receive pushback from the at-fault party. Regardless, your attorney advocates for you and protects your legal rights. They can help you prepare an argument that makes it clear you are in no way liable for your accident.
Comparative Negligence in an ATV Accident Case
Per NRS §41.141, you may be held partially liable for a personal injury. If you are found to be less than 50% at fault for your all-terrain vehicle accident, you may still recover damages. Alternatively, if a judge or jury says you are more than 50% responsible, you may not get any compensation.
For instance, a judge or jury may state you are 10% liable for your accident. If this happens, the court finds the defendant is 90% at fault. As such, they are required to pay 90% of the damages you originally requested.
Consider what may happen if a judge or jury determines you are 51% liable. In this situation, you are more at fault than the defendant. Therefore, the defendant may not have to pay you damages, and you will be responsible for your accident-related losses.
Cost of an All-Terrain Vehicle Accident
You may have questions about what is a personal injury case and how much your all-terrain vehicle injury claim may be worth. An attorney who specializes in ATV accident cases can answer these questions and others. They may evaluate the facts of your case to help you decide how much money to request.
Medical bills, lost wages, pain and suffering, and other losses relating to your accident may add up quickly. You may account for these losses as you calculate your damages. It is in your best interests to pursue enough compensation to help you recover from your injury.
Your lawyer may use accident scene photos and videos, medical records, and other forms of proof to support your case. Each piece of evidence you collect may strengthen your case. If you have a wealth of proof, the defendant may be inclined to offer a fair settlement.
All-Terrain Vehicle Accident Settlement
An attorney can help you determine if a settlement is best for your personal injury lawsuit. You have the final say on a settlement offer. If you are not happy with a proposal, you can decline it without incurring any penalties.
If a defendant proposes a settlement, you may want to go over it with your Mesquite ATV accident lawyer. This gives you an opportunity to share any concerns or questions you have about the proposal. Your Mesquite ATV accident attorney can give you insights into what can happen if you accept, decline, or counter an offer.
You may want to consider the short- and long-term ramifications of any decision you make on a settlement. If you approve an offer, you may get compensation and close your case. On the other hand, accepting a proposal that is well short of your damages may force you to have to cover the cost of some or most of your losses out of your own pocket.
Partner with an Attorney
You can get legal help with your all-terrain vehicle accident case. The legal team at H&P Law is available to assist you with your case. To schedule a free consultation, contact us today.
