West Virginia ATV Accidents
ATVs are “all terrain vehicles”, and though it sounds like they might be able to do just about anything…they can’t. Unfortunately, too many people operating ATVs fail to realize this in time, and there are hundreds of thousands of accidents and several hundred deaths on ATVs every year. These deaths, in many instances, could have been avoided because they were the result of carelessness or simply ignoring established safety guidelines.
While the laws around the use of ATVs vary from state to state, they all generally adhere to the same basic guidelines. For instance, you should never operate such a vehicle under the influence, never let children operate them, never carry passengers if the vehicle is not designed for it, maintain control of the vehicle, wear safety gear, and so on. And while all of this seems like common sense, it is astonishing how many people actually ignore such advice.
When people do ignore the safety guidelines or laws for operating ATVs, and an accident occurs, it becomes an issue that is assessed under the state laws. When West Virginia ATV accidents occur, it is the state’s various recreational accident cases and laws that are used to determine the outcome.
Seeking Damages and Compensation
Under such guidelines, someone who was operating their ATV in an unsafe manner, and who subsequently caused injury or death to another person, is going to be seen as liable. This, however, has to be proven by the person(s) injured, or by their family. The burden of proof is on their shoulders, and that is why victims of any West Virginia ATV accidents require the assistance of qualified attorneys.
Just consider that many people who survive ATV accidents end up with serious head injuries in addition to whatever bodily injuries are sustained. This makes it very hard for them to even consider building a legal case, and their families may be struggling with caring for them after the accident. An experienced attorney can consult with the victim(s) and then get straight to work. They can gather all of the necessary information and help to establish the liability of the person who caused the injuries and damages.
And keep in mind that injuries in ATV accidents usually require years of rehabilitation and therapy, and may even lead to long term nursing care if a victim cannot live at home. The person who caused such injury should be the one paying for these expenses, and a good attorney will know how to ensure that such an obligation is met.
After all, few people realize that someone who owns a home and who has homeowner’s insurance may be covered for such an incident. Regardless of where in the state West Virginia ATV accidents occur, if the person who caused them has such an insurance policy, it may actually provide benefits to the victims of the accident.
How can you know? The only realistic solution after ATV accidents is to speak with a knowledgeable attorney. They should review your case with you and let you know if the laws can work in your favor to provide compensation for injuries and losses. There are many state and federal laws that ATV sellers and manufacturers must follow, and certain standards that those operating them must also adhere to. If there is evidence that someone failed to use appropriate care and safety, they may be liable for damages, and there may be many ways they can be pursued for compensation (including through homeowner insurance benefits).
At Heavens Law, you can work with a qualified attorney to discuss your particular case and to discover what the next steps should be in order to get the compensation you are due.
Source
- ATVSafety.gov. National Statistics. 2012. https://www.atvsafety.gov/stats.html
