All-terrain vehicles (ATVs) are incredibly common for work and recreational purposes. While popular, these vehicles are also involved in many serious accidents. Insurance companies frequently undervalue claims because of alleged recklessness of ATVs, even when that is not the case.
Damages You Could Recover for an ATV accident
Some insurance companies have been known to deny or undervalue ATV accident claims. A common stance by some is that the people riding the ATVs were somehow at fault for their injuries. These insurers use this stance to justify non-payment of claims or reduced awards.
But ATV accident victims can sustain severe injuries that can drastically affect their basic livelihood. Some victims will require many years of medical treatment and rehabilitation. When you have been injured in an ATV accident, you could be entitled to such damages as:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
The exact amount a case is worth can vary depending on different factors. Discuss your case with a personal injury lawyer so you can get a complete overview of what options you might have.
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Types of ATV Accidents That Could Entitle You to Damages
ATV accidents can occur for multiple reasons, including loss of control at high speeds and mechanical issues. Some kinds of ATV accidents we see at our firm include:
- Accidents with other motorists: Some people on ATVs collide with other ATVs. It is also possible for an ATV to collide with a motor vehicle on certain roads.
- Injuries as passengers: People riding ATVs as passengers can easily be injured because of negligent operation. The passengers could have a claim against the driver or other party responsible for operating the ATV.
- Product defects: The ATV itself is sometimes to blame for an accident. When an accident results from a defect within a product, a victim could have a claim against the product manufacturer or party responsible for maintaining the vehicle.
Liability in these cases can be complex. In most cases, a single negligent driver’s insurance company could be the liable party. However, there are many situations in which complete investigations are required to uncover every possible liable party, including retailers and manufacturers.
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What to Do After an ATV Accident in Ohio
The steps a person takes after an ATV accident are always important. You should contact emergency services if injuries warrant it. And if safety permits, you want to take as many pictures as possible of the accident scene. You should also seek medical attention as soon as possible after an accident. Many serious injuries do not have immediate symptoms. You might not know you sustained an injury until you speak with a doctor and have tests performed.
Inform your insurance company of the accident, but avoid speaking to them further until you have a lawyer. Let the attorney handle conversations about fault and damages, as the adjusters may record your statements. They may use what you say against you, which will negatively impact your claim.
We Can Help If Your Child Was Injured in an ATV Accident
While many people injured on ATVs are legal adults, there are also many child injuries. Children injured on ATVs can lead to more complicated personal injury cases.
It could be possible that another adult who was responsible for supervising a child bears responsibility for the accident. Some of the possible causes of accidents in such cases could include a failure to supervise, lack of equipment maintenance, or inadequate instruction on usage.
Our team has taken on cases like these and is familiar with the related laws. We know how to navigate such complicated circumstances.
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Ohio ATV Accident Cases Are Time-Sensitive
The period when a person can file a lawsuit to recover damages for an ATV accident is known as the statute of limitations. Under Ohio Revised Code § 2305.10, a person generally has two years from the accident date to file an action based on an action for bodily injury or injuring personal property.
Two years is not a very long time, which makes the need for legal representation all the more critical immediately following an accident. Insurance companies may delay investigations and stall so the time may run out.
You Could Lose Your Ability to Pursue Damages
Failing to take action within the statute of limitations can jeopardize your ability to recover anything. One important exception to the statute of limitations concerns a wrongful death case. Such cases are based on the date of the decedent’s passing, which could be later than the accident date.
Your lawyer will need time to perform their own investigation into your accident. If you wait too long to contact an attorney, you may not leave them enough time to adequately look into your case.
What You Should Know About The Fitch Law Firm LLC
Our team has served many clients in our years serving Ohio accident victims. Our case results include millions of dollars secured for our clients, and our founder, John Fitch, is AV rated by Martindale-Hubbell. We pride ourselves on our commitment to those we help.
Reach Out to Our Team and Tell Us About Your ATV Accident
When a person is injured in an ATV accident, they need to know that it will not cost them anything to speak to our law firm about their case. We will let you explain what happened to help you pursue compensation for your injuries.
Call (614) 545-3930 for a free consultation from The Fitch Law Firm LLC. Our firm has an office in Columbus and locations in Dayton, Cincinnati, Marion, and Springfield. You should know that we are more than willing to visit you in your house, hospital room, or connect via Zoom, should you not come to our office.
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