If you or a loved one have been injured in an ATV accident in Georgia, you may be entitled to receive compensation for your injuries and losses.
Though ATVs seem like safer alternatives to motorcycles and dirt bikes, the vehicle’s relative weight (up to 840 pounds) and strength in the engine mean that accidents on 4-wheelers usually come with severe injuries. Our attorneys can help you prove fault and pursue compensation.
Recoverable Damages in ATV Accident Cases
Since each case is different, it’s impossible to put an exact dollar figure on the amount of compensation you are entitled to. However, recoverable losses include:
- Medical expenses
- Cost to repair or replace your vehicle
- Other property damages
- Lost wages
- Loss of earning capacity
You may also receive compensation for intangible losses, such as pain and suffering.
An ATV Accident Attorney from Kaine Law Can Help
Our attorneys at Kaine Law have years of experience representing people injured in ATV accidents. We’ve seen how much families can struggle when their loved one is seriously injured.
Here are some of the ways we can help:
Handle All Aspects of Your Case
Our lawyers and staff are prepared to handle every question and concern involving your ATV injury case, so you can focus on getting better.
We work with the insurance companies and other parties involved in your claim or lawsuit, including negotiating for a fair settlement or representing you at trial, if necessary.
Evidence Gathering and Case Building
Our lawyers will retrieve evidence to support your case:
- Accident reports
- Eyewitness testimony
- Expert testimony
- Video footage of the accident
No Fee Unless You Win
We work on a contingency-fee basis. That means we only get paid if you receive compensation.
File Your ATV Accident Lawsuit Before the Deadline
You should know that according to O.C.G.A. § 9-3-33, you only have two years from the date of your accident to file a legal claim against the negligent party. Don’t wait to take action, or you may lose your right to file.
Liability for ATV Accidents
Determining who is at fault for your accident is an important step in deciding how best to proceed with your case. ATVs must be insured separately from your auto insurance.
However, there are some exceptions. In some circumstances, ATV accidents can be covered by homeowner’s insurance. This also depends on how the accident happened and whether it happened on your land or someone else’s.
Negligent ATV Riders
Figuring out who is at fault in an ATV accident can be very complicated. The ATV owner may be responsible, and you would therefore need to file a claim with a Georgia ATV accident lawyer against that person.
Negligent Property Owners
If you were riding on a path open to the public that had been damaged in some way (holes, slants, or other defects), the organization that owns the path may be liable.
Liable ATV Manufacturers
You may have a product liability case if the ATV itself was defective or unsafe.
The team at Kaine Law understands the importance of determining liability in ATV accidents. We know that no two cases are exactly alike. Because there are specifics to these accidents, a personal injury lawyer from our team can handle the legal details of your case so you can focus on healing from your injuries.
ATV Safety and How it Relates to Your Case
The CPSC recommends that riders adhere to the following safety tips when operating an ATV.
If you were injured in an ATV accident caused by another rider who did not follow these recommendations, that other rider may be at fault for your accident and liable for your losses.
- Do not drive ATVs on paved roads.
- Do not allow a child under age 16 to drive or ride an adult-size ATV.
- Do not drive ATVs with a passenger or ride as a passenger.
- Always protect your head. Helmets have been known to reduce the risk of fatalities and paralysis in ATV accidents by as much as 42% and the possibility of a non-fatal head injury by 64%.
- In addition to a helmet, wear protective gear such as eye protection, boots, gloves, long pants, and a long-sleeved shirt.
- Take a hands-on safety training course before riding.
ATV Risks and Accidents
All-terrain vehicles (ATVs), also known as quads, side by sides, quad bikes, three-wheelers, or four-wheelers, have traditionally been a staple in rural areas to assist with farming, transporting goods, and even hunting. ATVs are also very popular for recreational activities, and adults and children of all ages may not realize the risks associated with riding them.
Because of ATV’s weight, high center of gravity, and short wheelbase, children may also be at additional risk for rollover crashes. According to the Consumer Product Safety Commission (CPSC), more than 25% of all ATV injuries nationwide are treated in an emergency room and reported to involve children under the age of 16.
More than 100,000 injuries are reported in emergency rooms across the country due to ATV crashes every year. An analysis by the Insurance Institute for Highway Safety (I.I.H.S.) found that rollovers were the most frequent type of motorized vehicle accident, followed by collisions with other vehicles and inanimate objects, such as hitting a tree.
Call Kaine Law Today for Your Free Consultation
We have helped obtain compensation for personal injuries across Georgia with office locations in Atlanta, Conyers, Lawrenceville, and Stockbridge.