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.
The exact amount a case is worth can vary depending on different factors. Discuss your case with a Columbus personal injury lawyer so you can get a complete overview of what options you might have.
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
- Disfigurement
- Disability
- Mental anguish
- Loss of enjoyment of life
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 Should You Do After an ATV Accident in Columbus, Ohio?
Many people often underestimate the risks that come with riding an ATV. Several factors might contribute to this, such as the fact that they don’t require a license to operate when on private property, they are relatively straightforward to drive, and having four wheels on the ground means you don’t have to worry as much about maintaining your balance. But it’s important to remember that ATVs can weigh hundreds of pounds and can even reach speeds of up to 70 miles per hour. When an ATV accident occurs, it can quickly prove devastating.
Every year, there are about 650 deaths and 100,000 injuries involving ATVs across the United States (CSPC). If you or a loved one get injured in an ATV accident due to the negligence of another party, panic and stress from the situation can make it difficult to immediately know what to do next, but here are a few key steps that you should try to remember:
- Seek Medical Attention: Health and safety is always the priority. Dial 911 and get emergency services on the scene right away to treat anyone who may have been harmed.
- Document What You Can: Try to gather photos of the scene, visible injuries, any relevant details regarding the environment or potential hazards. If there were witnesses to the accident, take down their contact information. In the case that you weren’t able to do this at the time of the accident, you may be able to find an accident report from the local law enforcement that responded to the scene (e.g. the Columbus Division of Police or Franklin County Sheriff’s Office).
- Seek Legal Help: If you believe that your injuries were the result of another party’s negligence, an experienced ATV accident lawyer can help you navigate the claims process and discern who was at fault. While driver error can be the result of many ATV-related injuries, some may be due to other parties such as other riders or the vehicle manufacturer.
- Notify Insurance: Notify your insurance of the accident and collect the insurance information of any other involved party soon after your accident.
Even if you make a point of following ATV safety regulations, unexpected circumstances can still lead to serious injury. In these cases, it’s helpful to have an experienced vehicle accident attorney like those at The Fitch Law Firm to guide you through the claims process.
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.
Medical and Legal Resources for ATV Accident Victims in Columbus
ATV accidents can result in serious and life-changing injuries such as:
- Deep lacerations
- Fractured and broken bones
- Traumatic brain injuries
- Spinal injuries
- Internal organ damage
These injuries may result in extensive and long-term treatment. Fortunately, Columbus has a myriad of highly-rated medical centers who are committed to helping community members like you achieve recovery, including:
- The Ohio State University Wexner Medical Center
- OhioHealth Grant Medical Center
- Nationwide Children’s Hospital
But at The Fitch Law Firm, we also understand how stressful it can be to manage mounting medical expenses after an accident, especially if you’re facing lost income from being out of work. But you don’t have to handle it alone. Our legal team can help ATV accident victims recover damages to alleviate the financial burden that comes with treatment and recovery. You can depend on us to investigate your accident, handle communications with your insurance, and pursue the full compensation you deserve for your pain and suffering. Let The Fitch Law Firm handle your legal needs so that you can focus on your wellbeing.
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.