Sustaining injuries in an ATV accident is a common risk associated with off-road vehicle use. However, when your injuries occur because of another person’s careless or negligent actions, you may be able to pursue a personal injury claim against the responsible party. It’s important to seek legal counsel from our Pottsville personal injury lawyers early on in your case to protect your rights.
Determining Liability After an ATV Accident
Pennsylvania follows a modified comparative negligence rule under 42 Pa. Cons. Stat. § 7102. This law allows an injured person to recover compensation if their share of fault does not exceed 50%. Any recovery may be reduced based on the percentage of fault assigned to the injured party.
For example, an ATV rider is injured when the vehicle’s brakes fail, but the rider is found 20% at fault for speeding. If the rider’s damages are $50,000, Pennsylvania’s modified comparative negligence rule allows recovery, reduced by 20%, resulting in a $40,000 award.
Proving Liability in an ATV Accident
All-terrain vehicle accidents happen for many reasons, and many of them can be traced to negligence. Riders, property owners, manufacturers, and other parties may all share responsibility depending on the facts of the accident. Some of the most common causes include:
- Reckless or impaired operation
- Excessive speed
- Unsafe trail or property conditions
- Defective ATV parts or equipment
- Failure to properly supervise young riders
In an ATV injury case, the injured person generally must prove four key elements to establish liability and recover compensation. First, they must show that the person or party responsible for the accident owed them a duty of care, such as operating an ATV safely or maintaining a safe environment.
Second, they must prove that this duty was breached through negligent or wrongful actions, such as reckless driving, improper maintenance or manufacturing, or unsafe conditions. Third, they must demonstrate that the breach directly caused the accident and resulting injuries. Finally, they must provide evidence of actual financial and emotional losses.
Compensation Available After an ATV Injury
Depending on the circumstances of your case, you may be able to recover two main types of damages: economic damages and non-economic damages.
Economic damages compensate for measurable financial losses, including medical bills, rehabilitation expenses, lost wages, and reduced future earning capacity.
Non-economic damages address the personal impact of the injury, such as pain and suffering, emotional distress, loss of enjoyment of life, and the long-term effects of the accident.
Our attorneys understand that every case is unique. We work closely with our clients to calculate the full value of their damages and pursue the compensation they deserve through settlement negotiations or litigation when necessary.
Seek Justice With the Help of Our Pottsville Personal Injury Attorneys
After an ATV accident, taking prompt legal action can help preserve important evidence and protect your ability to seek compensation. Contact Fanelli, Evans & Patel today by calling 570-622-2455 or through our online contact form. Our personal injury attorneys in Pottsville are ready to help you pursue your case with confidence.