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Arizona ATV Accident Lawyer
Arizona is a beautiful place to explore the landscape with an ATV. There are many offroad areas where you can take your ATV to watch the sunset and the wildlife. It’s no wonder there are so many people here who take recreational vehicles out into parks and so many companies selling and renting these vehicles.
Like everything, All Terrain Vehicles (ATVs) do come with risks, though, and each year, ATV enthusiasts are seriously injured or killed when pursuing their passion. According to the U.S. Consumer Product Safety Commission, there were 517,700 serious ATV injuries across the country between 2017 through 2021. In the same time frame, there were 49 ATV fatalities in Arizona alone.
When your love of off-road adventures is sidelined by a serious accident and injury, the team at Gerber Injury Law is here to help you understand what options you might have. Contact an ATV accident lawyer on our team today, and let’s talk about whether you may have a claim and how you might be able to seek compensation for your medical bills, lost wages, and other expenses.
What Are Common Injuries in ATV Accidents, and What Can I Expect in These Accidents?
Also known as quads or four-wheelers, ATVs can be involved in different kinds of accidents:
- Rollovers. Off-road vehicles tend to be top-heavy and vulnerable to rollovers. In addition, Arizona’s rough terrain can add to the problem since uneven surfaces can make it even easier for ATVs to roll. Quads can weigh several hundred pounds, and when they roll over, this is enough weight to pin an occupant under the vehicle and cause serious injury.
- Collisions. ATVs may not be sharing the road with other vehicles, but crashes can still happen. Riders may gather together to ride their quads and can collide on narrow trails. ATVers can also crash into stationary objects like trees or into wildlife. In the event of a collision, ATVs have fewer protections than cars, making it more likely that occupants will be thrown from the vehicle and sustain catastrophic injury.
- Fires and explosions. Fuel lines can rupture on four-wheelers, and in some crashes, the impact of the collision can ignite the gas, leading to a fire or even explosion.
Common Injuries Caused by ATV Crashes
Many of the same things that can cause car accidents can also lead to ATV mishaps. Inexperienced riders, recklessness, drinking and driving, and mechanical issues can all contribute to accidents that can cause serious injuries, including:
- Head injuries
- Broken bones
- Dental injuries
- Soft tissue injuries, such as whiplash
- Strains and sprains
- Spinal cord injuries
- Scarring and burns
- Internal injuries
ATV accident injuries range from mild to life-threatening, but no matter how you’ve been injured, you need to think about healing. In Arizona, we’re fortunate to have some excellent healthcare facilities, like the top-rated Banner-University Medical Center and Chandler Regional Medical Center. However, modern care is expensive, and after an ATV crash, you may need to miss out on work, which can cut into your earnings.
This means that if you’re in an ATV accident, you need to consider your financial future as well as your physical condition. You may want to consider your options for compensation to ensure you can pay for quality medical care and your other expenses.
Do I Have the Right to Seek Compensation?
In Arizona, you may have the right to file a claim and seek compensation if someone owed you a duty of care and was negligent, leading to your injuries and accident. Let’s look at a few examples where you might have the right to seek compensation:
- You rented an ATV from a company offering adventure vehicle rentals, but you were injured in an accident with that ATV because the company failed to maintain its fleet.
- Another ATV user has operated their vehicle drunk and crashed into you on a trail.
- The roads in your area are poorly maintained, and these conditions cause your ATV to roll, leading to your injuries.
- You purchased a new quad and were in an accident because the vehicle was designed poorly.
As you can see, it’s not always possible to see whether you have a right to seek compensation. You may not know whether your four-wheeler was poorly designed, another ATVer was under the influence, or your rental was correctly maintained.
Every situation is different, and sometimes, it takes an investigation to find out what caused your accident and whether you have a right to compensation. That’s why we recommend you contact the compassionate, family-oriented team at Gerber Injury Law. We treat our clients like family, and that means we’ll work hard to uncover any possible ways you may be eligible for compensation so you don’t have to take on the whole cost of the crash yourself.
Oh, and if you are eligible for compensation after your ATV crash? The team at Gerber Injury Law would be happy to talk about what kind of compensation you may be eligible for. Depending on the specific circumstances of your accident, you may qualify for financial recovery for:
- Medical costs related to your injuries, including possible future medical expenses
- Lost wages and future lost income potential
- Property damage, including damage to your ATV and any other items damaged or lost in the crash
- Additional costs, such as legal costs
- Pain and suffering
What Arizona Laws Could Impact My Arizona ATV Accident Case?
Arizona has many laws to keep ATV operators and occupants safe. For example, you must be at least 16 years old to drive a full-size quad. Occupants under the age of 18 must wear a helmet while on the ATV. In addition, all quads are required to have a license plate and title.
In addition to the laws intended to keep ATV enthusiasts safe, Arizona has personal injury laws that could affect your claim if you’re ever in an accident. One question our attorneys are often asked about has to do with comparative negligence, for example.
Comparative negligence means that even if you were partly at fault for causing an ATV accident, you may still be eligible to get compensation minus the amount proportional to your portion of the negligence. If you’re awarded $200,000 by a jury, for example, and you’re found to have contributed 20% of the accident, your award will be reduced by 20% to $160,000.
Arizona law doesn’t expect you to be perfect to qualify for compensation. That’s why speaking to an ATV accident attorney is important if you’ve been injured in a crash, even if your actions contributed. You may still be eligible for compensation that can help you pay for the many costs you’ll face after your accident.
Another thing to keep in mind if you’re considering an ATV accident claim is the statute of limitations. Under Arizona law, you have limited time to file a claim in personal injury and wrongful death cases, including ATV accidents. In Arizona, that time is two years. If you wait longer, you’ll lose the chance to pursue a claim.
There may be other laws that can impact your claim, which is why it’s a good idea to talk to an ATV accident lawyer. Your attorney can look at the specifics of your case and explain how state and local laws could impact your case.
What Should I Do If I’m in an ATV Accident in Arizona?
We hope you’re never injured in an ATV accident, but if you are, here’s what you’ll want to do:
Get Medical Attention as Soon as You Can
Call 911 or at least get to an urgent care center or your doctor as soon as you can. Even if you think you’re fine, please be aware that not all serious injuries are obvious right away.
One of the biggest risks of an ATV accident is a head injury because quad occupants are often thrown from the vehicle in a crash. If there is any chance you may have hit your head during your accident, even if you’re not sure, please seek emergency medical attention right away. Too many people pass away each year because they wait too long to get medical treatment for a traumatic head injury.
Non-fatal injuries such as whiplash might also not always cause symptoms until hours or even days after your accident. The same is true with hairline fractures and other serious injuries. The sooner you get a medical assessment, the sooner you can begin treatment, so you don’t spend as much time in pain.
In addition, seeking medical treatment quickly means you start getting documentation that your injury was caused by your ATV accident. If you wait days or weeks to see a doctor, it’s easier for an insurance company or at-fault party to claim your injury was caused by something else.
Even if you’re pretty sure you’re fine and turn out to be injury-free, it’s always better to be safe than sorry.
Use your phone to take photos or even video of the area around your ATV, any damage to your ATV, and any injuries you’ve suffered. Take lots of photos at the scene if you can. They can help establish what caused your crash.
Exchange Information If There’s Someone Else Involved
Swap names, contact information, insurance details, and vehicle information with any ATV operator or any other vehicle owner involved in the crash. Get the contact information of any witnesses, too, if you can. They can help you get to the bottom of what caused your ATV crash.
Report the Accident
If your accident happened on parkland, report it to the park rangers. If it happened on a roadway, file a report with the police. The report of the accident can help you with an insurance or legal claim.
You’ll also want to report the accident to your insurance company, of course.
Talk to an ATV Accident Lawyer
You’re not required to work with an ATV accident attorney, but having someone on your side is a good idea. Any liable parties will have their own legal team—don’t you deserve that, too?
An ATV accident lawyer can review any documentation related to your case, help you decide what to do to pursue financial recovery and talk to insurance companies and lawyers for you. Your attorney will take care of the details, from negotiating to filing a claim and building a strong case, to help you pursue compensation. You’re still in control of what you want to do next, but your attorney has the experience to help you pursue justice.
You may not be sure you want to file a claim, but it’s still a good idea to at least talk to an ATV accident attorney. When you contact Gerber Injury Law, for example, you can get in touch with us quickly, and it costs you nothing to have a consultation about your case. The sooner you reach out, the more evidence your attorney may be able to secure, helping your chances of recovery.
It’s also important to talk with an ATV accident lawyer sooner rather than later because the legal team for the other side will start taking steps to protect themselves right away. They may reach out to you or even want you to sign papers. By talking to an ATV accident attorney first, you can make sure your attorney will be the one speaking with these people. This is important because anything you say or sign can impact your ability to seek financial recovery.
Why Should I Choose Gerber Injury Law?
Your choice of an ATV accident lawyer is crucial. An experienced attorney will know how to negotiate and when and how to pursue your claim before a trial if that’s the best way to get compensation.
At Gerber Injury Law, we believe an experienced personal injury lawyer is important, but that’s only the start of the story. As a family-oriented firm, we know that being in an ATV accident is devastating. Maybe you’ve lost a loved one in a crash. Maybe you’ve suffered life-changing injuries or are scared about how you will pay your medical bills. We understand, and we treat you like family first. We’re there for you, helping you every step of the way so you can start rebuilding your life.
Our clients recommend us to their friends and family because of the care and results we offer. We’re proud of our nearly 30 years of experience and our 99% success rate, but we’re especially honored by the trust our clients put in us, and we work hard to live up to that trust.
Attorney Ken Gerber and the rest of our team have chosen to keep our firm small and focused exclusively on personal injury. While this keeps us busy, this is what allows us to offer attention and a personalized approach to every client. At the same time, we’re able to offer the results you might expect from a bigger firm. We’ve recovered over $100 million on behalf of our clients, including multi-million-dollar settlements and court wins. We work closely with professionals who help us uncover the details that help us win cases.
You can learn more about us at the Gerber Injury Law YouTube channel. Better yet, if you’ve been injured in an ATV accident, contact us for a free consultation with a personal injury attorney. Let’s talk about how we might be able to work together to protect your future.
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If you or a loved one has been injured, don’t hesitate – contact our attorneys today!
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