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Houston, TX ATV Accident Lawyer
All-terrain vehicles (ATVs), sometimes called four-wheelers or quad bikes, can be a fun part of camping, living on a farm, or participating in other outdoor activities. Many ATV riders have their own ATVs and keep them properly serviced, ride them on their own property, and follow good safety practices. If you were injured while using a friend’s ATV, renting an ATV, or while riding as a passenger on someone else’s ATV, you may be able to hold them accountable for any problems with maintenance, safe driving, or safety gear.
For help filing a lawsuit for an ATV accident, contact our Houston ATV accident lawyers today. The Queenan Law Firm’s personal injury lawyers are available for a free legal consultation on your case. Call us today at (817) 719-8082 to schedule your free legal consultation.
Common Causes of ATV Accidents
ATVs have four wheels to increase stability and make it easier to ride off-road. Still, it is possible for quad bikes to flip or land poorly after a jump or bump. The driver of a four-wheeler is generally responsible for the safety of passengers on their ATV, and any injured passengers may be able to hold the driver liable for injuries. Additionally, anyone who lets someone else ride their ATV might be responsible for any accidents caused by equipment problems or lack of training. The following are all common accident causes that you might be able to hold someone responsible for:
Dangerous Driving or Stunts
If you were injured as a passenger or bystander because someone tried to perform stunts or drove dangerously, you could sue that driver for injury.
If you borrowed an ATV from someone else or rented an ATV, and that vehicle was improperly maintained and caused injury due to equipment malfunction, you may be able to hold the owner responsible.
If someone loans you an ATV without ensuring that you have at least some basic understanding of how to operate the vehicle, they should be held responsible if you injure yourself. Negligently allowing a child or inexperienced rider to drive an ATV can lead to serious injuries.
Improper Tire Inflation
The tires on an ATV are supposed to be inflated to a lower pressure to better absorb bumps and blows from offroading conditions, and if these tires are too hard or too soft, it will not function properly and could lead to injuries.
Riding on the Street
ATVs are vehicles, but they should not be driven on the street. If you were involved in an accident because someone drove their ATV into the street, you may be able to sue them for injuries whether you were a passenger or the driver of another vehicle.
Suing for ATV Accidents in Texas
Any time you are injured in an accident that someone else caused because of their careless or reckless actions, you may be entitled to take them to court and sue for the damages you suffered. A personal injury lawsuit like this can also stem from a person’s negligent inaction as opposed to harmful actions.
When suing someone else for injury, you must prove four elements to get the compensation you need for the accident:
- The person who injured you had a duty to you based on the relationship that you shared. For instance, the person driving you around on an ATV may have a duty to drive safely and carefully to prevent injuring you.
- The person who injured you breached that duty. Typically, any failure to use the proper care or skill that the situation called for can be considered a breach.
- The breach of duty caused your injuries.
- You suffered damages because of the injury.
The specific duty in your case depends on the situation. For instance, someone renting you a four-wheeler may have a duty to inspect it for safety and someone driving you around may have a duty to make sure you hold on safely and that they avoid any dangerous situations.
The damages you suffer typically stem from the medical expenses, lost wages, and pain and suffering you face because of the accident. Medical expenses can be quite high, especially if you suffered severe injuries. Life-changing injuries like neck and spine injuries or traumatic brain injury can take years of high-level medical care and rehabilitation to treat. If your injuries caused you to miss work or lose future job opportunities and earning capacity, this can also be compensated. Lastly, you are typically entitled to damages to pay you back for your pain and suffering, separate from the medical expenses.
Call Our Houston ATV and Four-Wheeler Accident Lawyers for a Free Consultation
To schedule a free legal consultation on your ATV accident case, contact the Houston, TX ATV accident attorneys at The Queenan Law Firm. Our attorneys offer free consultations to help you with your case. Call (817) 719-8082 today to schedule your free legal consultation.