Dallas ATV Accident Lawyer

Have you been injured in an ATV accident in the Dallas-Forth Worth area? You may be entitled to compensation. Call Rasanky Law Firm to see how we can help.

Every year, thousands are killed or seriously injured in all-terrain vehicle accidents, often because of poor vehicle design. Additionally, ATV accidents that result in serious injury or death have significantly increased for the eighth year straight, according to the Consumer Product Safety Commission.

Dallas ATV Crash Lawyer
ATV Accident Attorneys in Dallas, Texas

On average, more than 97,000 people are injured in ATV accidents throughout the United States annually. These accidents are often preventable, yet careless drivers continue to cause accidents that leave people with life-altering injuries. If you were injured in an ATV accident due to someone else's negligence, it is crucial that they reach out to our Dallas ATV accident attorney as soon as possible to explore legal options. You may be entitled to compensation to help alleviate the financial hardships you face.

The Dallas personal injury attorneys at Rasansky Law Firm have decades of experience fighting to protect the legal rights of people harmed in ATV accidents throughout the state of Texas. Our team investigates accidents, gathers evidence, and puts together solid claims on behalf of our clients to ensure they get the justice they deserve so they can recover and move forward.

For any accident in which you were injured that involved an ATV, 4-wheeler, 3-wheeler, or any kind of off-road vehicle, you need an experienced Dallas ATV accident lawyer who knows how to fight for the compensation that you and your family deserve. We will explore every legal option and look for all parties who may bear responsibility for the accident, and we will fight hard to get the justice you’re owed.

What is Legally Defined as an ATV?

The most popular all-terrain vehicles, or ATVs, are 4-wheelers. Also known as quads, they are used by ranchers, farmers, and recreationists throughout the state. Although some ATVs are used for racing, the majority are used to aid hunters or as work vehicles. ATVs can weigh more than 500 pounds and reach speeds of over 60 miles per hour. A UTV (utility-terrain vehicle) is a larger type of ATV and off-road vehicle that is designed to carry heavier loads and additional passengers. They are also popular among outdoor enthusiasts and farming communities. UTVs typically have side-by-side seating and can carry four or more passengers. Unfortunately, even in top models that come with the most current safety features, severe injuries are common due to the inherently unsafe design and general lack of protection these vehicles offer.

The injuries that can take place during an ATV accident can be as diverse and as devastating as any car accident. Our Dallas ATV accident lawyers offer free consultations to all potential clients. Give the Rasansky Law Firm a call today if you need help relating to any type of motor vehicle accident in the Dallas area.

Texas Has More Fatal ATV Accidents Than Any Other State

Statistics published by the U.S. Consumer Product Safety Commission show that Texas has the highest rate of ATV fatalities in the United States.  In the last three decades, almost 850 people have died, and several thousand have been injured in ATV crashes statewide.

Nationwide, more than 80,000 ATV riders are injured in crashes each year.  According to the CPSC, nearly 82,000 ATV accident victims were admitted to hospital emergency rooms in 2018. Most deadly injuries were sustained by the vehicle’s drivers, who were overwhelmingly men between 16 and 34 years old (the same group of people most likely to ride ATVs). 26% of all people who were injured in ATV accidents were riders 15 years old or younger.

One cause of many of these accidents is the lack of proper safety training. A lot of people who ride ATVs rarely do so, and they end up underestimating the amount of practice and training they require. Children who are under 16 years of age should never operate an adult ATV. Additionally, if any passenger’s feet are unable to reach the floor from a sitting position, they should not ride in an ATV at all, no matter their age.

Interestingly, most ATV accidents take place on paved roads, such as highways and public streets, rather than on rough terrain, like a mountain trail or canyon, where they were designed to be ridden. When a rider gets on the highway going 60 miles per hour, their odds of being involved in a serious Dallas ATV accident increase exponentially.

Regulations Surrounding ATV Riding in Texas

The state of Texas has several specific rules governing all-terrain vehicles that every rider needs to be aware of. Some of the more important regulations that riders should keep in mind are:

  • All off-highway vehicles, including dirt bikes, all-terrain vehicles, and snowmobiles, are required to have an OHV decal on display when riding on public land
  • OHV decals can be acquired via the Texas Parks & Wildlife Department
  • The Texas Department of Motor Vehicles does not require ATVs to be registered
If you were recently injured in an ATV accident in the Dallas, TX area, reach out to the Dallas ATV accident lawyers at Rasansky Law Firm to find out the best way to recover compensation for your damages.

How Can I Protect My Rights After a Dallas ATV Accident?

It is normal to feel scared and confused after a Dallas ATV accident. Most people don’t know what to do or where to go for help. You should contact a Dallas ATV accident lawyer as soon as possible after a crash. In addition, there are some basic steps that anyone injured can take to ensure their right to financial recovery is protected.

1. Seek Immediate Medical Care
Even if you received basic first-aid at the scene from emergency services, it is vital that you seek prompt medical attention from your local emergency room or family doctor.  Even if you feel like you managed to escape without being seriously injured, you could have internal injuries that are not immediately apparent.

Additionally, if you are thinking of pursuing legal action following your ATV accident, an official record that documents the nature of your accident-related injuries, and any necessary medical treatments will be integral to filing a successful claim.

2. Notify Local Law Enforcement
No matter how minor a Dallas ATV accident may seem, it is always a good idea to notify the police so they can draft and file an official police crash report. Always be honest with the responding officers about how the accident happened, your injuries, and any other details pertaining to the accident. The crash report written by the officer will be a crucial piece of evidence in your ATV accident claim.

3. Document the Crash Scene
Although the police will do their best to document what took place and anything else they feel is relevant, you should always have your own documentation. Use your smartphone to take photos of where the accident happened, the damage to the ATV, pictures of any visible injuries, and anything else you feel could be significant. It is also a good idea to jot down what happened while it is still fresh in your mind. Lastly, be sure to get the name and contact details of anyone else involved in the crash as well as any eyewitnesses.  This information will help your Dallas ATV accident lawyer build the strongest ATV accident claim possible.

Consider Working With Our Dallas ATV Accident Lawyers

After a serious Dallas ATV accident, it is normal to feel defeated and overwhelmed while trying to put your life back together, get treatment for your injuries, and initiate legal action to collect financial compensation. If you are dealing with the aftermath of such an incident, you should strongly consider talking to our Dallas ATV accident lawyers. We can take some of the weight off your shoulders and streamline the personal injury claims process.

What is the Process for Filing a Claim After a Dallas ATV Accident?

When you work with an ATV accident lawyer from our firm, we will represent you through the process of filing a civil claim from start to finish. Even though you can count on us to handle all the legal aspects of your case, it is important for you to understand the steps that have to be taken, and we will guide you through everything as it happens.

Hire a Dallas ATV Accident Attorney

While you are certainly not required to have an attorney file your ATV accident case for you, working with one is the best way to guarantee that you are being treated fairly by the insurance company. The attorneys at Rasansky Law Firm have over thirty years of experience dealing with ATV accident claims. Call our Dallas office today to speak with an ATV accident lawyer about your potential claim.

Getting an attorney on your case as soon as possible after you get injured is the smartest thing you can do to ensure a favorable outcome. Otherwise, you may find yourself facing financial hardship and feeling set back in life by what happened to you.

Investigation

Once you have decided to pursue legal action for your ATV accident, an investigation will be conducted. This will allow both sides to find out what actually happened, who was injured, who was at fault, and any other factors that could affect the value of your claim. If you decide to work with an experienced ATV accident lawyer, they will have the knowledge and skill to perform an investigation thoroughly and efficiently.

Negotiations

Texas civil claims often involve a protracted negotiation process. The liable party might reach out to your lawyer at some point with a settlement offer. The majority of cases are able to reach a settlement, sometimes after going back and forth a few times or engaging in a mediation or arbitration process. Trials are expensive and take a long time, so most parties involved are usually motivated to settle if an agreeable and satisfactory settlement offer is made by the liable party or parties.

Financial Compensation

Financial compensation for an ATV injury claim is based on who is liable for the accident. ATV operators and owners have a duty of care to ensure that their vehicles are operated safely to lower the risk of driver, passenger, or pedestrian injuries. If this duty of care is violated, it could result in liability.

In terms of the settlement money you could possibly be entitled to, these are paid out to compensate for damages sustained from the injury. There are two forms of damages available in Texas personal injury cases: economic and non-economic.

Economic damages are recompense for anything with an objective dollar value assigned to it. These include medical bills, lost earnings, rental company fees for temporary transportation, doctor's appointment co-pays, property damage, and any other damages.

Non-economic damages are different. They are predicated on psychological damages like pain and suffering and reduced quality of life.  The amount of non-economic damages you are entitled to is usually the sum of your medical bills multiplied by a number between one and five, depending on how serious your injuries are.

If an ATV accident caused by someone else's negligence resulted in your injuries, call our Dallas law offices today to schedule your free case evaluation with an experienced ATV accident lawyer.

Am I Eligible to File an ATV Lawsuit?

Personal injury cases can be complicated. There is no straightforward formula for determining whether or not you have a valid ATV injury lawsuit.

The best way to ensure that your rights are protected and that you are fairly compensated is to speak with our Dallas ATV accident lawyers in a free consultation. We can advise you on what action to take.

Generally speaking, however, here are a few questions to determine if you could have a legitimate case.

Did Your Loved One Get Killed in an ATV Crash?

If your relative died in an ATV crash, then you may have a case on their behalf. Even if you think they may have been partly to blame for the accident, you might still be eligible to collect compensation. An experienced attorney can advise you on how to proceed with a Dallas wrongful death case.

Were Your Injuries Caused by Another Person’s Negligence?

Common examples include:

  • being a passenger on an ATV
  • renting an ATV that was not properly maintained
  • riding an ATV with a defective part

Has Your Injury Cost You Money?

If your injury caused you to incur medical expenses, lost income, emotional trauma, or any other quantifiable damage, then you may have a valid claim. If you did not incur any expenses, probably because your injury was minor, you may not have any damages to claim, thus rendering your claim invalid.

How Long Do I Have to File My ATV Accident Claim?

In Texas, there is a two-year statute of limitations on all personal injury claims, including ATV accidents. This deadline is important because if you take longer than two years from the date of your accident to try and file, your claim will be thrown out by the court, and you will be barred from collecting any recovery.

If an ATV accident caused the death of a family member, you could have grounds for a wrongful death claim. Under Texas law, wrongful death claims must be brought within two years from the day the death occurred.  Our qualified ATV accident lawyers can help ensure that you do not miss any important filing deadlines.

There are sometimes circumstances in which your statute of limitations could be shorter, so don’t wait to contact an attorney. It is best to get an attorney on board as early as possible in your journey so that they can ensure everything is filed on time and build a solid case.

Common Causes of ATV Accidents

ATV Accidents & Injuries
Injured in an ATV Accident?

More than 260 people are injured in ATV accidents across the United States each day. These accidents leave nearly 100,000 people with injuries that require extensive medical treatment and weeks to recover. Although there are various reasons why these ATV collisions occur, there are some common causes. Some of the main causes of ATV, UTV, side-by-side, and 4-wheeler accidents include:

  • Inherent design defects (such as having a high center of gravity and narrow track width, inadequate warnings, etc.)
  • Reckless driving
  • Speeding
  • Not having adequate safety equipment
  • Having too many passengers on the ATV
  • Inexperienced drivers controlling the vehicle
  • Operating the vehicle while impaired
  • Faulty mechanical work

If you were injured in a 4-wheeler accident, it is crucial that you contact a personal injury attorney in Dallas as soon as possible to explore your legal options. You may be entitled to compensation to help alleviate the financial burdens you face moving forward.

Liability for an ATV Accident in Texas

Like other types of auto accidents, people injured in ATV accidents have various legal options available to them. Determining who can be held liable for the accident depends primarily on the cause of the ATV crash. When all-terrain vehicles are involved in accidents with other vehicles, the drivers of other vehicles involved may be held liable for injuries and damages. Determining who was at fault for the collision is critical in determining what legal options are available for you.

In some cases, the driver of the ATV can be held liable for their actions. Riders who operate ATVs are required to act responsibly and to ensure the safety of others. When drivers act negligently, strike objects, roll over, drive at unsafe speeds, lose control of their vehicles, or perform negligently in other ways, they can be held liable for resulting injuries and damages.

There are also a substantial number of ATV incidents that fall under product liability laws. These cases involve instances where manufacturers produce defective or malfunctioning products. When the defects or malfunctions contribute to an accident, and you are injured, you may be able to hold the manufacturer and various other responsible parties liable for the resulting injuries and damages you suffered. Working with an experienced attorney will ensure you are able to get the justice you deserve. The personal injury attorneys at Rasansky Law Firm will investigate the circumstances surrounding your accident to determine the best path forward for you. Contact our ATV accident lawyers at your earliest convenience to schedule a free consultation.

Services Offered To Our Clients

The attorneys at Rasansky Law Firm understand the challenges people face after their accidents. Many of those injured in accidents are forced to undergo extensive medical treatment for injuries in addition to dealing with mental and emotional issues. Trying to navigate the complex legal system during these trying times can be highly challenging and add extra stress to your recovery period. For this reason, you can benefit greatly by reaching out to an ATV accident attorney in Dallas who can provide you with responsive legal guidance to ensure your best interests and legal rights are protected. The attorneys at Rasansky Law Firm provide an array of services for our clients that include:

  • Investigating the scene of each accident
  • Gathering evidence in support of our client’s claim
  • Collecting medical records, reports, and bills to outline medical care
  • Gathering police reports, repair statements, and other documents to prove the costs of the accident and damages sustained
  • Working with experts who can recreate the scene of an accident to uncover critical details in support of our client’s claims
  • Filing all documents, petitions, and forms necessary
  • Maintaining open communication with our clients throughout the entire duration of their claims
  • Aggressively negotiate full and fair compensation on behalf of clients
  • Providing effective legal representation in a trial, whenever necessary

The attorneys at Rasansky Law Firm strive to help our clients maximize all recoveries. We stop at nothing to make sure wrongdoers are held accountable for their actions so our clients can achieve their goals and move forward from their accidents in the best way possible.

If you were injured in an ATV accident as a result of another person’s actions, contact our personal injury attorneys in Dallas as soon as possible to explore the legal options available for you. We are available to meet with you at your earliest convenience to discuss the circumstances surrounding your case.

Recoverable Damages in ATV Crashes in Texas

Anyone harmed in an accident involving all-terrain vehicles is able to file a legal claim against all responsible parties to obtain compensation for both economic and non-economic damages. Some of the damages you may be able to claim are:

  • All past, current, and future medical expenses
  • Long-term care costs related to therapy and hospitalization
  • Lost wages from taking time off work to recover and attend appointments
  • Lost earning capacity if you were forced out of work indefinitely due to permanent disabilities
  • Physical and emotional pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of companionship
  • Loss of quality of life

Losing a Loved One in an ATV Accident

Although we would like to assume that everyone will fully recover from their injuries, ATV crashes claim the lives of hundreds of people across the United States each year. When families lose loved ones in ATV collisions, our attorneys help them obtain the maximum amount of compensation available for funeral services, burial costs, lost wages and benefits, and various other damages. Contact our law offices in Dallas at your earliest convenience and schedule your free consultation to see how we can help you with your ATV accident case.

Defective by Design?

In 2008, Rachel Weintraub (the Director of Product Safety for the Consumer Federation of America) implicated the entire ATV industry for not doing more to prevent all-terrain vehicle accidents. The president of the American Academy of Pediatrics, Dr. David T. Taylor Jr., agrees with Weintraub’s sentiment, stating that “ATVs continue to kill and seriously injure children at alarming rates…the industry has done nothing to make these dangerous vehicles safer.”

The United States Consumer Product Safety Commission also recently reported some unnerving statistics. More than 150,000 severe injuries resulted from ATV crashes over the last year, and there has been a 37 percent increase in serious all-terrain vehicle injuries since 2001.

Weintraub suggested that the new generation of all-terrain vehicles should be “designed to eliminate hazards.” Adding a note of finality to the discussion, researchers at the University of Kentucky published results suggesting that national size guidelines for the all-terrain vehicle were “inadequate to ensure the safety of young riders.” Unfortunately, it doesn’t appear that any significant progress has been made, as there have been a high number of ATV recalls due to safety issues in recent years.

Common ATV Design Flaws

ATV accidents take place for many different reasons. Some ATV riders might be reckless or intoxicated, or they might be operating their ATVs in unsuitable locations such as a highway or other public roadway. ATV riders and passengers can also be seriously injured due to improperly trained or inexperienced tour guides who fail to provide proper safety education and precautions. Injuries can also happen when an ATV manufacturer fails to build the safest vehicle design. Using a subpar or outdated vehicle design can lead to ATV rollovers, cause the vehicle to tip, or fail to brake or handle as expected. Any of these malfunctions can cause severe personal injuries to anyone on board.

Some ATVs have a very narrow wheelbase and are extremely prone to rolling or tipping. Both drivers and passengers need to be fastened in with a sturdy restraint system and protected by a roll bar. Regrettably, many ATV models have recently been recalled because of their faulty designs or due to manufacturing defects that leave riders lacking the basic protection they have every right to expect.

A few of the major ATV defects that have caused serious injuries to riders in the last few years are:

  • Unstable vehicle design that makes them likely to roll over
  • Seat belts that fail at the moment of impact, causing riders to be ejected from their seats during an accident or sudden stop
  • Brake failures
  • Lack of safety features to make up for the open-air nature of an ATV, resulting in crushed legs and arm
  • Roll cage failures

These manufacturing and design defects often lead to severe injuries like internal organ damage, broken bones, spinal cord damage, traumatic brain injury, concussions, and various other impact injuries.

If you or a family member were injured due to a defective or malfunctioning ATV, the Texas product liability lawyers at Rasansky Law Firm can help you secure full and fair compensation from the manufacturer or designer who failed to provide the safest vehicle model they could.

Common ATV Accident Injuries

Being involved in an ATV accident often causes life-altering injuries that require extensive medical treatment. Many injured this way are forced to go through emergency surgery and medical treatment and spend extended time in hospitals.

There are some 4-wheeler accidents that result in only minor injuries. However, in most cases, ATV accidents result in injuries that are severe and permanent. The most common types of personal injuries caused by ATV wrecks include:

As a result of the severity of these injuries, some manufacturers have begun issuing warnings with their products. Some manufacturers send their customers warning labels advising them that their ATVs may roll over on uneven terrain or if the vehicles were turned too quickly. Other labels warn riders and drivers to keep their arms and legs in the vehicle. These notices have failed to include anything about safety precautions regarding the use of seat belts, the application of a new type of door, or maneuverability issues. If you were injured in an ATV accident, it is crucial that you seek legal guidance as soon as possible. You may have legal options available to help you get the justice you deserve even if you were warned by the manufacturer about some of the dangers associated with the vehicle.

Our Dallas Attorneys Can Help

Every day, numerous people across Texas are left with debilitating injuries from ATV accidents. Many victims of these life-altering accidents are left with debilitating injuries that continue to cause them indefinite pain. If another person’s actions caused your injuries, it is crucial that you seek legal guidance from a responsive and aggressive legal team as soon as possible.

The Dallas ATV lawyers at Rasansky Law Firm have decades of experience helping people throughout the state get the justice they deserve after being injured. Our attorneys fight diligently to ensure our clients are in the best position possible to move forward after being harmed in an accident.

If you were injured in an ATV accident in the Dallas-Fort Worth area, please call Rasansky Law Firm or fill out the contact form on this page for a confidential and free case review. Speak with our accident lawyers about the details of your four-wheeler wreck, and learn the legal options available to you for no charge.

Speak With a Dallas Personal Injury Attorney For Free

The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.

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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.   

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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