Mobile ATV Accident Lawyers

Seriously Injured in an ATV Accident?

If you or a loved one was injured in an ATV accident due to someone else’s negligence, including the negligence of a product manufacturer, Andy Citrin Injury Attorneys may be able to help. Our Mobile ATV accident lawyers can evaluate your accident in a free consultation and discuss your next steps. We may be able to file an insurance claim or lawsuit to seek compensation for the cost of your medical care, pain and suffering and more.

Our firm has secured more than $600 million on behalf of the injured, including those who were hurt in motor vehicle accidents. Our attorneys have more than 100 years of combined experience and we represent the injured at no upfront cost.  

Am I Eligible to File an ATV Accident Case?

Many people view riding an ATV as inherently dangerous, even the riders themselves, so they may question whether another party may be at fault. The main question is whether another party failed to take reasonable steps to prevent a crash. For example, did a car enter an ATV lane? If so, the driver could be liable for the ATV crash.

The property owner could also be held liable for failing to maintain the premises in reasonably safe condition. The terrain could have been unreasonably dangerous, putting you at higher risk of a crash.

Sometimes the victims are bystanders or passengers. In these situations, the ATV rider may bear responsibility for reckless handling of the vehicle. For example, maybe the rider was drunk or distracted. The rider may have been carrying a passenger when the vehicle was not equipped for that.

If you were seriously injured, you should contact a Mobile ATV accident lawyer to determine if there may be a case. If you wait to call, you could make it harder to secure compensation. Evidence could get lost, and it may be harder to build a solid case. This includes evidence that a defect in the vehicle caused the accident.

What Is My Case Worth?

Each ATV accident claim is unique, as there are unique injuries, victims recover differently, some victims can no longer work, and pain and suffering can vary significantly.

If your lawyer can prove negligence caused your ATV crash, you may be eligible for various forms of compensation covering the many damages you suffered:

Medical Expenses

This includes immediate medical treatment, such as emergency room visits and hospital stays. It could also include long-term care costs, such as physical therapy, medication and surgeries.

Lost Wages

If your injuries have caused you to miss work, you may be entitled to compensation for lost wages. In some cases, you may also be eligible for compensation for future lost wages if your injuries necessitate long-term recovery or ongoing medical treatment. Additionally, compensation for reduced earning capacity is available if you are unable to continue in your previous line of work due to your injuries.

Pain and Suffering

Your lawyer may be able to claim physical pain and emotional distress you suffered due to the accident, such as from your injuries and how they affect you emotionally. This form of compensation acknowledges the significant impact that such trauma can have on your quality of life and emotional well-being.

Additional Compensation

Depending on the specifics of your case, you may also be eligible for other forms of compensation, such as loss of enjoyment of life, disfigurement and punitive damages for egregious or intentional negligence, such as drunk driving.

How Hiring a Mobile ATV Accident Lawyer Can Help

Whether you are unsure if you have a case or unsure why you may need a lawyer, there are many benefits to contacting our firm to review what has happened. There are also numerous benefits to hiring a lawyer to manage the legal process on your behalf:

Deep Understanding of Alabama Law

This includes the laws governing liability for ATV accidents and state laws that could affect your right to seek compensation, such as Alabama’s contributory negligence rule. This law says you cannot seek any compensation if you are even one percent to blame for the crash. You can be sure the liable party will assert you are liable, so you need strong evidence of the other party’s liability. Our lawyers know how to strongly counter the defense’s tactics for avoiding responsibility.  

Gather Evidence to Prove Negligence

An experienced ATV accident lawyer can gather several types of evidence that may not be easily accessible to others. Below are some examples:

• Accident reports: Lawyers can obtain official accident reports from law enforcement that detail what happened during an incident.
• Surveillance and dashcam footage: They can secure footage from nearby surveillance cameras or dashcams that could have recorded the accident.
• Expert testimony: They can bring in experts such as accident reconstruction specialists to provide professional analysis and testimony.
• Medical records: Attorneys can access medical records and coordinate with healthcare providers to document the severity of your injuries and treatments.
• Evidence from product manufacturers: We know how to formally request documents from ATV manufacturers or manufacturers of other ATV components. These documents could help establish defects in design or manufacturing that the company should have known about.

Legal Representation

If the insurance company refuses to offer fair compensation, an experienced lawyer can represent you in court. Without a lawyer, you will not be able to continue your case and pursue all the favorable compensation you need.

Who Could Be Held Liable for an ATV Accident in Alabama?

Multiple factors can contribute to an ATV crash, making It difficult to identify who is responsible for your injuries. Responsible parties may include:

The ATV Driver

Reckless behavior, such as speeding, intoxication, or ignoring safety guidelines, could make an ATV driver liable. They may have ignored a problem with the ATV that made a crash more likely, also exposing them to liability.

Other Drivers

Accidents involving multiple vehicles could mean that other drivers are liable for the crash. For example, other drivers could be liable for.

• Failure to Yield: If another driver fails to yield the right of way or ignores traffic signs, it could cause an accident.
• Improper Lane Usage: When other types of vehicles enter lanes designated for ATVs it could lead to a crash.
• Distracted Driving: Distractions such as texting or eating and drinking could cause a crash for which another driver is liable.

ATV Manufacturers or Maintenance Providers

Companies that design, manufacture, distribute or maintain ATVs could be liable if a defect or improper maintenance contributed to the accident:

• Design Defects: Manufacturers are responsible if the ATV design is inherently unsafe. For instance, improper design might make the ATV more prone to rollovers or fires.
• Manufacturing Defects: Errors during the manufacturing process that create unsafe products can also create liability.
• Poor Maintenance: If a maintenance provider fails to properly repair or maintain an ATV and this failure leads to an accident, they could be held responsible.
• Failure to Warn: Manufacturers are responsible for clearly warning consumers about potential risks associated with their products. For example, failure to warn about specific riding conditions or limitations could make manufacturers accountable.

Property Owners Where the Accident Occurred

Landowners and those responsible for managing the property where there are ATVs can be liable for:

• Unsafe Conditions: Hazardous conditions on the property that were not corrected or clearly marked could pose serious risks to ATV drivers.
• Lack of Signs: Failure to provide proper signage to warn about potential dangers like steep drops, uneven terrain or other hazards can also be a factor in accidents.

In these situations, proving liability requires a detailed investigation and an understanding of all factors. Skilled legal representation is essential to handling these complexities and protecting your interests. Our ATV accident lawyers are ready to investigate your case and help you seek justice and compensation from those who may be at fault.

Where Can ATV Crash Victims Seek Compensation?

Alabama is an at-fault state, which means the person responsible for the accident is liable for the compensation. However, personal injury and insurance claims can become complex. Therefore, you should seek legal guidance from an experienced Mobile ATV accident lawyer.

You might seek compensation through:

The Liable Party’s Insurance

If the person at fault has insurance, it may cover the injuries you sustained through liability coverage. This could include car insurance or insurance the ATV driver has on the vehicle.

Your Insurance

Your own insurance, specifically uninsured motorist or underinsured motorist coverage can cover medical expenses if the at-fault party does not have insurance. This coverage can take care of medical expenses related to the ATV accident. Additionally, uninsured or underinsured motorist coverage may provide financial protection for property damage and lost wages.

ATV Manufacturers or Maintenance Providers

If the accident was due to a defective part or improper maintenance, you might pursue a product liability or negligence claim against the manufacturer or the maintenance provider.

Property Owners’ Liability Insurance

If the accident occurred on someone else’s property due to hazardous conditions that the property owner failed to address, a premises liability claim might be appropriate against the property owner’s insurance

Steps to Take After an ATV Crash

If you have been the victim of an ATV accident, it is important that you take the following steps:

Seek Immediate Medical Attention

Visit an emergency room or a doctor right away. A diagnosis can help you to rule out any serious medical conditions. Some injuries may take time to develop, causing you not to have any symptoms days or weeks later. Also, seeking medical attention can create documents that can help your case by linking injuries to the accident.

Collect Contact Information From Everyone Involved

Collect the names, phone numbers, and addresses of everyone involved in the ATV accident, including witnesses. Note the exact location of the crash and record details about the ATV, such as its make and model. If possible, take photos of the scene, your injuries, and any other relevant details.

Contact an ATV Accident Lawyer at Andy Citrin Injury Attorneys

After your ATV accident, an insurance provider may ask you to sign paperwork. Do not sign anything without consulting an ATV accident lawyer. The documents you sign could limit the compensation you can collect in an ATV accident lawsuit.

Do Not Talk About the Accident

Let your attorney handle communications with the insurance company. An insurance adjuster may contact you to settle your claim, and anything you say could jeopardize your claim. Avoid posting about your crash or injuries on social media, as it can negatively impact your case.

Common Causes of ATV Accidents

A variety of factors can contribute to ATV driver or passenger injuries while out on the trails. Some common causes include:

• Weather: Bad conditions can reduce visibility and cause riders to misjudge distances and hazards.
• Terrain and Environment: Mud, loose gravel and other hazards can seem safe at first, especially to inexperienced drivers. Unfortunately, many riders cause crashes by traveling too fast or overcorrecting while steering.
• Riding With a Passenger: Some ATVs are designed for a single rider only. Adding a passenger to these vehicles can dangerously alter their handling, shock absorption and crashworthiness.
• Defective ATVs and Parts: ATVs and their parts can fail due to poor engineering, incorrect assembly or lack of maintenance. These issues can cause crashes or make them more severe.
• Children Operating ATVs: A surprising number of serious injuries involve children operating ATVs. Most children lack the strength, judgment and skill to safely operate an ATV on their own. Always supervise children if they use an off-road vehicle.

Common Injuries From ATV Accidents

ATV accidents are dangerous due to the lack of protection compared to enclosed vehicles like sedans or trucks. Collisions can throw riders off their ATVs onto rough surfaces, leading to potentially life-threatening injuries. It is common for riders to drag or tumble on rough terrain or asphalt or fall during these accidents.

ATV-related injuries can range from mild to severe, deeply affecting victims’ lives. Some of the most common injuries from ATV accidents include:

• Whiplash: This injury occurs when the neck moves suddenly and forcefully, leading to persistent pain and limited motion.
• Concussions: A form of traumatic brain injury resulting from a blow to the head or body that causes the brain to jolt. Symptoms can range from headaches and confusion to memory loss.
• Bone fractures: The force of an ATV crash can cause fractures, ranging from simple breaks to complex fractures requiring surgery. Recovery may involve prolonged immobilization and rehabilitation.
• Head Trauma: This type of trauma can result in severe injuries like skull fractures and brain hemorrhages, posing serious risks and requiring immediate, specialized medical care.
• Spinal Cord Injuries: These injuries can cause permanent changes to your body’s strength and sensation. As a result, victims may require long-term care and adaptation.
• Soft Tissue Injuries: This includes damage to muscles, ligaments and tendons from overstretching or tearing.
• Internal Injuries: These injuries can include internal bleeding or organ damage. Although they may not be immediately obvious, they are life-threatening and require urgent medical attention.
• Lacerations and Abrasions: Cuts and scrapes can vary from minor to severe, with more serious cases posing risks of infection or significant blood loss.

Contact Our Mobile ATV Accident Lawyers Today

If you or a loved one has been involved in an accident with an off-road vehicle, whether you were on the vehicle or not, one of our ATV accident lawyers may be able to help you pursue compensation.  

At Andy Citrin Injury Attorneys, we can determine your legal options without any upfront fees. During our free consultation, you are under no obligation and can ask our lawyers any questions that you may have about your case.

Call today and let us support you throughout the legal process. Our office is about 15 minutes from USA Health University Hospital.