Arizona’s rugged landscape makes it ideal for riding all-terrain vehicles (ATVs) as well as utility terrain vehicles (UTVs). These powerful off-road machines are both useful and fun to operate, but they can also be dangerous if drivers are negligent. If you’ve been injured in a collision that someone else caused, you could be entitled to compensation.
At Valley Injury Team, our ATV/UTV accident lawyers have years of experience helping people who’ve suffered injuries, property damage, lost wages, and emotional distress because of an accident involving these off-road vehicles. Learn more about what your rights are.
If an accident occurs involving ATVs or UTVs because someone was negligent or wrongful in their conduct, you can file a claim either by proving negligence or strict liability. If another driver was at fault, you have to demonstrate that they owed you a duty of care and breached it.
Every ATV driver has a responsibility toward others. They must follow all regulations attached to off-road vehicles and need to drive the ATV safely. If they do anything that compromises your safety, they breach their duty of care.
Once you establish that, you need to show that their negligence led to your injuries and that you can be compensated for them. That means you must have suffered losses.
Sometimes, what causes the accident isn’t another driver but a defective ATV part. If the brakes fail, the engine stalls at a critical moment, or anything else stops working as it needs to, accidents can be catastrophic.
In those instances, the manufacturer of the parts or of the ATV itself can be liable. Because defective products fall under the doctrine of strict liability, you don’t have to prove negligence or fault, but you do have to establish that the malfunctioning part caused the accident and led to your injuries.
Besides establishing liability, you also have to keep in mind that you have time limits for filing a claim. Most people have two years to file a claim from the moment of the accident, but you could face much stricter timelines if you’re holding government entities liable.
If you miss the statute of limitations, you no longer have a valid case. That’s just one of the reasons why hiring our group of personal injury lawyers at Valley Injury Team is essential.
ATV and UTV accidents can occur for a number of reasons. Although most of the time, the fault lies with driver errors, there can be third parties involved.
Driving an ATV while intoxicated is just as dangerous as driving any other kind of vehicle while under the influence of drugs and alcohol. The blood alcohol concentration (BAC) of an ATV driver can’t be above the national standard of 0.08%.
Someone who’s intoxicated won’t be able to react correctly to hazards because their coordination and reflexes will be affected. They could also be more reckless in their behavior.
ATVs are normally built to accommodate only the driver, while some UTVs can carry one or more passengers. If the vehicle is carrying more people than it’s made for, it can overturn or cause other accidents.
ATV and UTV drivers who aren’t fully focused on operating the vehicle can cause serious accidents. Common distractions involve using a smartphone, eating or drinking, and even speaking with friends in other vehicles. A distracted driver may not be able to react in time to avoid a collision with a hazard that suddenly appears in front of them.
If an ATV or UTV driver engages in reckless behavior, like speeding, racing other vehicles, or attempting dangerous stunts, they could be responsible for catastrophic accidents.
If any parts of the vehicle aren’t functioning as they need to, the driver can lose control and cause an accident.
It’s important to establish whether liability belongs to the manufacturer of the ATV or if the issue has been improper maintenance. That could place liability on more people, including the driver and any repair persons who’ve looked at the vehicle.
If you’ve been in an off-road vehicle accident, it’s essential that you contact our team of lawyers at Valley Injury Team. With experienced attorneys, you can have an easier time proving that you deserve compensation.
One of the benefits of hiring our team is that you don’t have to stress about the legalities of the claims process. To prove that negligence or wrongful conduct occurred, you need to gather significant amounts of evidence, including eyewitness and expert witness testimonies.
When you’re dealing with the physical and emotional trauma of an accident, it can be tough to focus on paperwork. By letting us handle all of this for you, you have one less thing to worry about as you heal.
Our team of Arizona personal injury lawyers has years of experience negotiating with insurance companies. Insurers will fight you every step of the way, and they’ll search for ways to avoid paying you what you deserve. They can try a number of tactics, including threatening you not to pay at all if you don’t accept a low offer.
We will defend your rights and fight to get you the compensation you need to cover your losses. If insurers are not cooperative or there are disputes regarding fault, we can also take your case to court.
At Valley Injury Team, we offer the support you need during this difficult time. You’re likely already overwhelmed dealing with the accident’s aftermath, so having experienced lawyers helping you can reduce some of that stress.
When you file a personal injury claim for compensation after an ATV or UTV accident, you have the chance to recover economic and non-economic damages. Economic damages compensate you for losses that are financial in nature.
These include medical expenses like hospital bills and ambulance fees, along with any ongoing care you will need if you suffered long-term injuries. You can also recover lost wages if you had to miss work because of your injuries. If you will not be able to return to work, you can claim loss of earning potential.
Non-economic damages compensate you for non-financial losses. These include pain and suffering, loss of enjoyment of life, and loss of consortium, which compensates you for the loss of support and companionship if a loved one dies during the accident.
Because non-economic damages are more subjective, factors like the severity of your injuries, how they affect your life, and how long it will take to recover can all impact the amount you receive. We can help you get a clearer idea of what to expect.
If you’ve been in an ATV or UTV accident and suffered injuries because of someone’s negligent conduct, our team of personal injury lawyers can help. We have decades of combined experience and a dedication to helping those who’ve suffered get fair treatment.
From the moment you walk into our Arizona office, you’ll be treated with compassion and respect. We know the stress you’re under, and we’re here to help. Contact us at Valley Injury Team to schedule a free consultation.
If you suffered injuries in an accident due to someone else’s negligence or wrong doing, you have the right to pursue compensation for your injuries and losses. At Valley Injury Team, we fight tirelessly to protect your rights and seek the compensation you need. We’re proud to serve clients throughout the Phoenix area, including Mesa, Gilbert, Tempe, Chandler, Scottsdale and Queen Creek.
Valley Injury Team is committed to helping you understand your legal rights and options, reducing your stress and uncertainty, and giving you the support you need during this challenging time. Contact us today to learn more in a free consultation.
