Driving an all-terrain vehicle is exhilarating. Many families ride three-wheelers, four-wheelers, and dirt bikes together for the fun and challenge of it. Every type of motor vehicle has its risks, and accidents can happen, but sometimes an ATV injury isn’t really accidental. It’s the result of negligence, reckless behavior on the part of others, or faulty equipment. If you or someone you love has been injured in an ATV accident and you believe someone–or something–was responsible for the crash, you may want to investigate further.
Call a motorcycle accident lawyer from Ted Lyon Law at 877-833-5966. We offer a free initial consultation, and there is no obligation to retain our law firm. From our offices across the state, we handle all-terrain vehicle accidents in Texas.
What Does Texas Law Say About ATVs?
Your ATV accident attorney in Texas will investigate whether the ATV and its riders were properly equipped when they began their trip, especially if it was a rental situation. In Texas, ATVs must have the following safety features:
- A speed governor (keeping the speed below a certain level),
- A rollover protection system, and
- Headlights and taillights.
Riders are required to wear DOT-approved helmets while the ATV is in operation. A rider must be at least 14 years of age, and if they are under 18, they must be directly supervised by a parent or guardian. Like any motor vehicle, a rider should not be operating it if they are impaired by alcohol or drugs, and driving while impaired by drugs or alcohol and driving without adequate training are also big risk factors. Unlike other motor vehicles, ATVs operate off-road. The property owner where the accident occurred may or may not have some liability.
What If the Victim Wasn’t Wearing a Helmet or Protective Clothing?
Speeding is a major cause of ATV accidents, and it’s a factor in more than half of all ATV accident fatalities. A helmet and protective clothing can reduce the risk of serious injury when riding an ATV, and under state law, an ATV rider is required to wear a helmet. Failing to wear a helmet can limit your financial recovery, but it’s important to get a professional legal opinion before you decide whether or not to pursue a case.
Mechanical failures can also contribute to crashes, such as faulty brakes, steering system malfunctions, worn tires, and engine problems. Explain the situation to our Texas accident attorney during your initial consultation about your ATV accident.
Who Could I Recover Money From?
If your injuries were caused by the negligence of another, you can seek money damages for medical bills, lost wages, and pain and suffering. Here are examples of people, companies, or agencies that may have had a role in causing an ATV crash due to negligence:
- A person driving a nearby ATV or another vehicle that crashed into you
- The driver of an ATV you were a passenger on
- A property owner, business owner, or government agency where there were unsafe property conditions. This area of law is called premises liability.
- A manufacturer or distributor of an ATV that had defective parts or design. This area of law is called product liability.
A Texas lawyer will carefully evaluate the circumstances of your ATV accident and then seek maximum compensation from all parties who may be liable.
Contact a Texas Lawyer For Help After an ATV Crash
Call 877-Ted-Lyon (833-5966) or contact us online to schedule a free consultation. A lawyer at our firm handles cases involving all-terrain vehicle accidents in Texas on a contingency fee basis. That means we only earn a legal fee if we win your case. Home and hospital consultations are available if you are unable to visit our office.
Learn more about us. Our firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.
