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ATVs, or All-Terrain Vehicles, are rugged, motorized vehicles designed to travel on various types of terrain. They are commonly used for recreational purposes like off-road adventures. However, they are also regularly used for agricultural, industrial, and military tasks requiring mobility across challenging landscapes.
Accidents involving ATVs are highly likely to result in serious injuries as a result of their open design, high center of gravity, and lack of protective features like seatbelts. Thankfully, if you suffered an ATV accident that occurred because of someone else’s negligence, then you may be entitled to compensation for the harm you sustained. There are several types of damages that can be recovered in an ATV accident lawsuit.
In the aftermath of your ATV crash in Texas, seek assistance from our experienced ATV accident and injury lawyers by calling The Queenan Law Firm at (817) 476-1797.
How Long Do You Have to File an ATV Accident Lawsuit in Texas?
Time windows for filing specific types of claims are governed by statutes of limitations. In Texas, the deadline for filing an ATV accident lawsuit is set forth by Tex. Civ. Prac & Rem. Code § 16.003. Typically, potential plaintiffs will have two years from the dates of their crashes to bring their cases to court.
However, there are some exceptions to the standard, two-year statute of limitations. For instance, if a child is injured because of an ATV accident, then the statute of limitations for filing their case will be tolled until their 18th birthday. After turning 18, the new adult will then have two years to file a case stemming from the crash they suffered as a minor.
Support from our ATV accident and injury lawyers can be very helpful when analyzing how the statute of limitations will be applied to your case. We can ensure that your case is filed on time. Accordingly, you will not miss out on the financial compensation available to you.
Common Causes of ATV Accidents in Texas
Unfortunately, a high number of ATV accidents happen because people act carelessly. Some accidents may happen on designated trails and on private properties. Meanwhile, other crashes may occur on public streets. No matter the circumstances of your collision, our ATV accident and injury attorneys can help identify the appropriate route to compensation.
Speeding
Many ATV accidents occur because riders travel at illegal speeds. While speeding, ATV operators may have difficulty avoiding collisions when vehicles in front of them need to slow down or stop. Furthermore, speeding riders may have difficulty reacting to traffic signals or avoiding potential hazards on the roadways. If you suspect your crash occurred because another motorist was speeding, then you may be able to sue them for the injuries you sustained.
Inadequate Training and Experience
Many ATV riders lack proper training and experience, which can contribute to accidents. Novice riders may not be familiar with the handling and maneuvering techniques required for challenging terrains, leading to loss of control and potential rollovers.
Some accidents happen because rental companies lend ATV’s to inexperienced and untrained riders. Fortunately, the team at our law firm can help determine if your ATV accident happened because an ATV rental company lent a vehicle to a potentially dangerous rider.
Lack of Protective Gear
Many ATV accident injuries occur because riders fail to wear protective gear. Failing to wear appropriate safety gear significantly increases the risk of severe injuries in ATV accidents. Without helmets, goggles, gloves, and protective clothing, riders are vulnerable to head injuries, lacerations, and abrasions during a crash. For instance, a rider without a helmet might suffer a traumatic brain injury (TBI) after being thrown off the ATV during a collision.
Some ATV rental companies fail to provide their clients with proper protective gear. If you were injured during an ATV accident because you were not provided with protective gear, then you may be entitled to substantial compensation.
Impaired Driving
Operating an ATV under the influence of alcohol or drugs is incredibly dangerous and can lead to devastating accidents. Impaired drivers may have impaired judgment and slowed reaction times, increasing the likelihood of collisions. An example could be an intoxicated rider attempting to cross a stream but misjudging the depth, resulting in the ATV getting stuck and causing injuries. Thankfully, drunk drivers can typically be held responsible for the ATV accidents they cause.
Mechanical Failures
Defective or poorly maintained ATVs can lead to accidents. Brake failures, steering issues, or tire blowouts can cause riders to lose control and crash. For example, a faulty brake system might prevent a rider from stopping in time to avoid a collision with an oncoming obstacle. In that case, the injured party may be able to bring a claim against the manufacturer, seller, or designer of the defective part at issue.
Passenger-Related Incidents
Allowing multiple passengers on a single-rider ATV or exceeding the vehicle’s weight capacity can lead to instability and tip-overs. Passengers may not know how to shift their weight properly during turns, exacerbating the risk of accidents. An example could be a rider carrying a passenger on a single-rider ATV, leading to loss of control and a dangerous rollover.
Track owners and rental companies may also be held accountable for passenger-related accidents. They have a duty to ensure the safety of their customers by enforcing proper guidelines and safety protocols. Failing to do so could be considered negligence, and if an accident occurs as a result, the at-fault party may be held accountable for the injuries and damages suffered by the victims.Environmental Factors
Environmental factors like poor weather conditions, slippery surfaces, and unexpected obstacles can contribute to ATV accidents. Rain-soaked trails or muddy terrain can reduce traction and increase the risk of skidding and crashing. For instance, a rider navigating through heavy rain might experience reduced visibility and misjudge the depth of a puddle, leading to a collision.
There are multiple scenarios where victims of ATV accidents caused by environmental factors may be able to sue at-fault parties. For example, a victim may assert that their crash occurred because a property owner failed to post proper warnings of potentially dangerous terrain along a designated ATV tail. Furthermore, an injured rider may argue that their crash happened because an organization did not properly maintain a trail.
Lack of Supervision for Young Riders
Allowing underage riders to operate ATVs without proper adult supervision can result in accidents. Children and teenagers may lack the maturity and skills to handle these powerful vehicles safely. An example could be an unsupervised young rider attempting to perform stunts or ride on challenging terrains beyond their capabilities, leading to a crash.
There are multiple parties who may be sued after an ATV accident that stems from a lack of supervision for young riders. For example, after such an accident, the victim may be able to bring a claim against the at-fault rider’s parents, an ATV rental company, a private landowner, or an event organizer.
Call Our ATV Accident an Injury Attorneys for Assistance with Your Case in Texas
Get support from our experienced ATV accident and injury attorneys at The Queenan Law Firm today by dialing (817) 476-1797.