If you have been injured in an accident involving an off-road all-terrain vehicle, contact the Beaumont injury lawyers of Portner Bond, PLLC today to discuss your case.
Riding All-Terrain Vehicles (ATVs) can be a fun outdoor activity, and many Texans enjoy driving these four-wheeled off-road bikes throughout the year. Others use ATVs to travel around their farm or property. These vehicles can sometimes be hard to control, however, especially at high speeds. An inexperienced or irresponsible driver could cause a major crash, resulting in severe injuries.
If you or a loved one has been injured in an accident involving an All-Terrain Vehicle, call the Beaumont off-road vehicle lawyers at Portner Bond, PLLC today at (409) 838-4444. Being injured in a wreck is a devastating ordeal to go through. We can investigate the accident and get you the compensation you need for your injuries. Our award-winning attorneys will handle all of the legal legwork for you to maximize your monetary reward. Call us for help today so that you can start living your life again.
Why You Need A Lawyer
If you’ve just been in an accident, you may not know what steps to take next. Did another party’s negligence cause your injuries? If you’re offered a settlement by an insurance company, should you accept it? Should you sue? What kind of paperwork needs to be filed to make that happen?
A skilled personal injury lawyer will help you answer all of these questions. They can conduct a thorough investigation of the scene to determine who was at fault and whether it would be in your best interest to file a lawsuit. Your attorney can help you obtain any medical or accident records necessary to pursue your claim, and can put together a solid case for compensation. Leave the legal details to a skilled accident attorney. Your primary focus right now should be on what matters most: your own health and recovery.
Why Hire Portner Bond, PLLC?
The lawyers at Portner Bond, PLLC have a combined 70 years of experience helping people in Beaumont and all over the Lone Star State recover compensation for their injuries and pain and suffering. At Portner Bond, PLLC, we take pride in our ability to provide top-quality and personalized legal representation to each of our clients.
We have been fighting insurance companies on behalf of our clients for decades. Martindale-Hubbell awarded us the highest AV rating for our legal abilities and ethical standards, and we’ve also received honors from prestigious legal organizations such as Super Lawyers, the Million Dollar Advocates Forum, and the Multi-Million Dollar Advocates Forum.
When you hire our firm, you bring in a team of seasoned litigators who will work tirelessly to make sure you come out of this traumatic experience with the best possible results. As our client, your success is our highest priority.
Common Causes of All-Terrain Vehicle Accidents
Why do ATV crashes happen? There could be a number of reasons. It is important to determine whether the accident was caused by someone else’s negligent behavior. Some of the common causes of ATV accidents include:
- An inexperienced or irresponsible driver – It takes some skill and experience to operate an ATV. Texas law requires a person driving an off-road vehicle to be at least 14 years of age. The driver must know what areas are safe to ride in and how to steer and avoid obstacles. Exceeding safe speeds can lead to a wreck, and driving an ATV under the influence of alcohol or drugs is both illegal and extremely dangerous.
- Mechanical or equipment failure – All-terrain vehicles are complex machines, and like a car or truck, they can break down if they aren’t properly maintained, or if they have faulty parts. The tires, the brakes, the steering mechanism, and/or other components on the vehicle could fail and cause the driver to lose control or even to roll over. Different types of tires may be necessary for riding on different terrain. An ATV rental agency that does not properly maintain its vehicles could be liable for an accident that injures its customers. A manufacturer might be found negligent if one of its components is faulty.
- A young driver – The Consumer Product Safety Commission reports that more than one-fourth of ATV injuries involved children under 16 years of age. Younger ATV drivers should not operate ATVs meant for adults. All-terrain vehicles meant for children under age 16 have a lower speed and a smaller (under 90cc) engine. The American Association of Pediatrics advises that children wear a proper helmet and safety equipment and take an ATV safety course.
- Failure to follow ATV safety rules – Texas law sets out a few rules by which ATV drivers must abide. Helmets are required for driving on public property. ATVs designed to carry only the driver may not also carry a passenger. Only two-seater ATVs may have both a driver and a passenger. State law does not allow the use of all-terrain vehicles on paved roads, unless it is for agricultural purposes and then only off-highway, during the day, and for a distance of no more than 25 miles. ATV tires are meant for rough terrain, and the vehicles themselves are not designed to be safely driven in traffic.
Injuries in ATV Accidents
The types of injuries a person sustains in an accident involving an ATV could range from minor to severe, depending on the circumstances. Injuries that can result from an ATV accident include:
- Cuts and scrapes
- Muscle strains and sprains
- Damage to the back and neck, including whiplash
- Bone breaks and fractures, including pelvis and ribs
- Internal organ damage from puncturing by broken bones, from heavy impacts, or from being crushed underneath the vehicle
- Concussion and head trauma
- Traumatic brain injuries, which could lead to brain damage
- Spinal cord injuries, possibly leading to partial or full paralysis
Even if you don’t think you have any injuries, you should get medical attention as soon as possible after an accident. You may have a concussion or internal injuries that don’t present symptoms until much later. If these hidden problems aren’t treated, they can become much worse or cause permanent damage. A medical diagnosis is essential in a compensation claim, and if you fail to get checked out, insurance companies often try to argue that you weren’t actually hurt at all.
Frequently Asked Questions
If you’ve just been in an ATV or 4-wheeler accident, you probably have a lot of questions. Your lawyer is the best source of information, but here are a few answers that may help you.
What can I do after the accident to help my case?
There are a number of good practices to follow after an accident that will increase your chances of obtaining compensation for your injuries.
- Report the accident to law enforcement as soon as possible, and obtain a copy of the accident report. A police report could be important evidence for your claim.
- Seek medical attention and follow your doctor’s treatment plan.
- Take pictures of the scene, and get contact info from other drivers involved in the crash and from any witnesses. Be careful not to make any assertions or apologies. You won’t have a complete idea of what occurred until an investigation is conducted.
- Organize medical records, accident reports, receipts for damaged property, and other accident-related information in a single file.
- Hire a skilled vehicle accident lawyer as soon as possible.
The statute of limitations on personal injury suits in Texas is two years, but it’s important to hire legal counsel right away so that they can begin an investigation before any damage is repaired or injuries heal.
Who would I sue after an ATV accident?
Your decision to bring a lawsuit after being injured in an accident involving an ATV will depend on whether another party’s negligence caused you to become injured. If you rented the vehicle and a mechanical failure caused an accident, the rental company may have been negligent in their maintenance. If another vehicle crashed into you, the other driver may hold some responsibility. If you were driving the ATV on someone else’s property and/or as part of your job, your employer or the landowner may be liable, depending on the circumstances. Your lawyer can conduct an investigation of the accident to help you determine who was at fault and how you should proceed with your case.
What kind of compensation could I get for my injuries?
Each accident is unique, and the type and amount of compensation you receive for your injuries will depend on the particular circumstances of your accident, whether you were hurt by someone else’s negligence and the level of injury you sustained. Compensation often helps with the following accident-related expenses:
- Medical bills
- Medication and pharmaceuticals
- Reimbursement for property damage
- Damages for pain and suffering
- Lost wages due to time spent in recovery
- Physical therapy
- Long-term care
- Loss of household income
- Funeral and burial expenses
Your attorney can give you a better idea of what kind of compensation you can expect when you meet to discuss your case.
Speak With An ATV/Off-Road Vehicle Lawyer Today
If you are suffering from injuries sustained in an accident with a 4-wheeler or ATV, you need a legal team by your side that will fight for you so that you can get past this terrible experience and move forward with your life. At Portner Bond, PLLC, we understand the pain and stress you’re going through right now—we help people in the same situation every day.
You don’t have to face this challenge alone. Call us at (409) 838-4444 or fill out our contact form today to speak with one of our team members. Our initial consultation is completely free.