What Should I Do if I Was in an ATV Accident?

September 21, 2021

ATV accidents can cause serious medical issues for the victims on top of the financial problems associated with most personal injury cases. In this article, we’ll examine what you should do if you find yourself in such trouble.

We can’t say this for everyone but most youngsters have a special thing for quad bikes or ATVs. These rides are compact and toy-ish but they pack a solid punch in their engines. They are sportier than motorbikes and the perfect ride for uneven pathways and off-road adventures.

That’s not to suggest that they don’t work well on-road, because they do.

Simply put, ATVs (all-terrain vehicles) are like a four-wheeled version of dirt bikes, only nicer looking.

But the same problems make their way into this whole ATV business, as with dirt bikes, ATVs pose serious safety issues. Firstly, the ride has no external frame like many off-road vehicles, there are no airbags, and while its four-wheeled structure adds to the stability, its compactness undermines it here as well.

In short, ATVs are dangerous, can cause severe injuries, and in this article, we’ll explore what you should do if you ever get involved in an ATV crash.

Why Are ATV Crashes Especially Dangerous?

The danger factor and risk of accidents with ATVs are well pronounced due to some inherent design limitations that these rides suffer from. We already mentioned how they don’t have adequate cushioning or an external frame to soften the impact of a blow meaning that they pose safety hazards.

Moreover, compactness and agility can sometimes become a problem when there is even a slight mishandling. The disparity between the sizes of an ATV and other vehicles can have severe consequences for the rider who’ll be at the wrong end of the momentum in the event of a crash.

And if the rider was not wearing a helmet (or other protective gear), which is the case with most ATV operators, then any blow to the head can prove to be fatal or at least seriously complicated. To sum up, ATV crashes are more dangerous than those involving other rides like passenger vehicles, and so on.

This means that the damages incurred upon the accident victim in such a case will be much more severe than otherwise. For instance, a head injury leading to traumatic brain injury, spinal cord injuries, wrist injuries, neck injuries, muscle damage, broken bones, visible injuries like bruises, lacerations, road rash, and so on, are all possible bodily injury possibilities for the victim.

Not to mention the property damage, lost wages, and extra expenses necessitated by such events which can leave the sufferer in a very precarious situation, financially. To top it all, during this time, the victim will be in severe pain and agony – a type of loss that can’t be defined monetarily.

Let’s understand your duties in the matter and the bodily injury liability of such crashes.

What To Do If You Ever Get Involved In An ATV Accident?

The legal stuff is best left to the experts but what you do immediately after an accident will matter a lot for your case. As an accident victim, you’ll need to pull yourself together and complete a couple of preliminary steps to embolden your position in the case and help your personal injury claim with much-needed evidence and documentation.

Here’s what you need to do:

Firstly, never leave the accident scene because this will shatter your side of the story. However, if you were severely injured and carried to the hospital in an emergency for medical assistance, then that’s acceptable. Let’s presume that this is not the case, your injuries were moderately severe, hurtful, but not fatal.

If that is the case, you’ll have to gather yourself and exchange information with the other driver, if this was a multiple-vehicle crash. Be polite and avoid discussing fault at this stage because it will only hurt your case if you inadvertently give the impression that you had any share in the blame.

Photograph the entire accident scene, vividly showing the crash details, your accident injuries, and so on. All of this is firsthand evidence and will help you paint a picture for the auto insurance adjusters or a jury to help them see what you saw when tragedy struck.

You should also contact the police at the spot and not leave until the reporting police officers show you. Tell them all that you can remember about the accident, important details, and so on – if something is eluding your memory, be honest and tell and then you’ll share those details when you remember them.

Once they’re done with their initial investigation, they’ll make an accident report, be sure to get a copy of this police report for your record. Then seek medical attention as soon as possible, a medical professional will diagnose your injuries and start the treatment.

Be sure to hang onto all the records proving your losses such as the medical bills, receipts for extra expenses, property damage, and lost wages. Also, keep a journal detailing your experience with the physical pain and emotional distress caused by the accident.

Once you’ve done all of this, contact a team of experienced accident lawyers and discuss your case with them.

Who Is Liable For ATV Accidents?

Your lawyer will ask you to tell why you feel that someone’s negligence caused the accident, and this is the part where you’ll establish fault.

The responsibility may lie with another driver who showed recklessness, with the manufacturers for creating a defective product, with the maintenance crew for inadequate maintenance, or with a government body for poor road conditions.

The list goes on, the exact details of your case will show who is at fault and whether it is a single party or multiple parties.

The payout can be thousands of dollars if you suffered from catastrophic injuries with no fault of your own, i.e. if you were responsible and wore the needed safety gear.

Call Us Today To Get Fairly Compensated For Your Losses

A general rule of thumb for personal injury cases is that you should never delay getting things done. The more you put off gathering the evidence, seeking medical attention, documenting your losses, and contacting a lawyer, the lower your chances will be of claiming a fair settlement for your losses.

Call a personal injury lawyer as soon as possible after such an accident happens because there is no time to waste. While the Massachusetts two-year statute of limitations for personal injury law may seem lengthy, this time frame covers a lot of things so you should not delay matters unnecessarily.

If you feel that your financial state is not strong enough to seek out top-rate legal representation, then you should not let that come in the way. Instead, feel free to call the experienced legal team at Michael Kelly Injury Lawyers in Boston, because our personal injury attorneys work on a contingency fee basis.

This means that we won’t ask you for any advance on our fees and our initial consultation is also completely free. There are no obligations for visiting us and discussing your case, so don’t hold back and call us today to learn about your legal options and get started with them!

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Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.