ATV accidents can result in a wide range of painful and debilitating injuries. These injuries can severely restrict victims’ abilities to work and enjoy their lives. Fortunately, negligent parties can be sued for the ATV accidents they cause.
There are multiple parties who may be at fault for an ATV accident. For example, some crashes happen because of careless behavior exhibited by track owners and rental companies. Furthermore, some collisions occur as the result of negligence exhibited by ATV riders. In any case, the team at our law firm can help victims investigate their accidents and determine who is to blame.
Get support from our ATV accident and injury lawyers by calling The Queenan Law Firm at (817) 476-1797.
Proving Fault for ATV Accidents Caused by Negligent Riders in Arlington
Some ATV accidents happen because of riders’ negligence. The following are examples of evidence that our ATV accident and injury lawyers may use to prove fault in such cases:
Eyewitness accounts from individuals who observed certain accidents can be crucial when determining fault. For example, if an ATV rider ran a red light and collided with a standard car, eyewitnesses at the scene can provide statements describing the rider’s negligent actions.
Accordingly, you should always attempt to retrieve contact information from potential eyewitnesses in the aftermath of your ATV accident if possible.
Video recordings from surveillance cameras, dashcams, and even bystanders’ smartphones can provide clear visual evidence of how or why ATV accidents happened. For instance, in a case where a rider was speeding and caused a collision with a parked car, video footage that captured the sequence of events may be used to support the victim’s claim.
Accident reconstruction can also be used to establish fault on behalf of a negligent ATV rider. It is a process where evidence from an accident is analyzed in order recreate the events leading up to it.
An accident reconstruction may involve gathering data such as skid marks, vehicle positions, impact points, road conditions, and witness statements to create a comprehensive picture of how the crash occurred. By reconstructing the accident, experts can determine factors like the speed of the ATV, the rider’s actions, and any other contributing factors.
Proving Fault for ATV Accidents Caused by Track Owners and Rental Companies in Arlington
Furthermore, some ATV accidents occur because track owners and rental companies act carelessly. In these cases, plaintiffs may use the following to establish fault:
Safety Records and Maintenance Logs
In cases involving accidents caused by negligent track owners, maintenance logs and safety records become significant evidence. If a track’s facilities were poorly maintained or lacked proper safety measures, these records could highlight the owner’s negligence in failing to provide a safe environment for riders.
Contract Agreements and Rental Documents
Also, when rental companies are involved in accidents, contract agreements and rental documents may serve as essential evidence. These documents can include safety guidelines, rider qualifications, and acknowledgments of potential risks. For example, if a rental company negligently rented an ATV to an unfit rider, then the rental agreement may reveal their failure to follow proper screening procedures.
In complex cases involving accidents caused by track owners or rental companies, expert witnesses can help prove fault by providing professional opinions on safety standards, maintenance practices, and rental procedures. For instance, an expert in recreational facility safety might testify that a crash happened because a track’s conditions were substandard.
Expert witnesses are considered experts because they have completed the necessary education, training, and experience in their respective fields. Guidance from our legal team can be very beneficial when searching for the right experts to support your case.
Damages Available to Plaintiffs in Arlington ATV Accident Lawsuits
If you suffered an ATV accident because another party acted negligently, then you may recover financial compensation by suing the at-fault party. While reviewing your case, our team can explain which of the following types of damages may be sought:
Medical expenses refer to the costs incurred for necessary medical treatment and care resulting from victims’ ATV accident injuries. Plaintiffs may seek compensation for all past and future medical expenses directly related to their ATV accident injuries. These damages are essential to help cover the financial burden of medical bills and ensure that victims receive proper care and treatment during their recoveries.
Lost wages refer to the income or earnings that a victim is unable to earn as a result of their ATV accident injuries. If a plaintiff’s injuries prevent them from working during their recovery period or result in long-term disability, then they may seek compensation for the wages they would have earned had their accident not occurred. This also includes compensation for any reduced earning capacity in the future.
Property damage refers to the cost of repairing or replacing damaged or destroyed property that resulted from an ATV accident. In ATV accidents, property damage commonly includes the cost of repairing the ATV itself, as well as any damage to other vehicles or property involved in the collision. Typically, plaintiffs can seek compensation for the fair market value of their damaged property or the cost of repairs, whichever is applicable.
Out-of-pocket expenses encompass any additional costs and losses incurred as a direct result of an ATV accident. For example, these expenses may include transportation costs to and from medical appointments and the cost of hiring domestic help during a recovery period.
Typically, damages for out-of-pocket expenses are established using financial documents like receipts. Therefore, you should try to save the receipts for any expenses you incur because of your ATV accident injuries.
Pain and Suffering Damages
Finally, plaintiffs in ATV accident cases can also recover payment for the physical pain and emotional suffering caused by their injuries. For example, in addition to suffering physical pain, a victim with a spinal cord injury may be unable to partake in their favorite hobbies after their crash. In that case, the plaintiff could pursue payment for their physical pain and emotional suffering.
These damages are subjective and can be challenging to quantify because they relate to mental and emotional anguish. Accordingly, support from legal representation can be very helpful when pursuing these damages in your case.
Call Our ATV Accident and Injury Lawyers for Help with Your Claim in Arlington
Get assistance from our ATV accident and injury lawyers by calling The Queenan Law Firm at (817) 476-1797.