Many people in Columbia want to get out and explore the great outdoors. In some cases, that means taking an ATV for a bit of off-road adventure. But what happens when an accident occurs that isn’t your fault? A Columbia ATV accident lawyer can help you explore your next steps.
A fun day can quickly turn into a life-changing ordeal. Injuries from an ATV accident might leave you with substantial medical bills, lost wages, and plenty of uncertainty about the future.
Fortunately, you have legal options to take against those who may be responsible for the accident. At The Solomon Law Group, LLC, we are here to help you through these difficult times.
Why Do ATV Accidents Happen?
As with car collisions, ATV accidents can happen in the blink of an eye. Unfortunately, that can leave victims with serious injuries and unexpected challenges. Whether the accident was caused by another rider’s negligence, a mechanical defect, or hazardous terrain, the aftermath can be extremely detrimental to your health and finances.
These accidents can happen for a variety of reasons, but the most common ones are tied to negligence. They can include:
- Driver inexperience: Many riders, especially younger ones, may not have the skills needed to handle these vehicles safely over rough terrain.
- Speeding: Excessive speed makes it harder to control an ATV. In turn, that can increase the risk of rollovers and collisions.
- Operating under the influence: Riding an ATV while impaired by alcohol or drugs can lead to poor judgment.
- Mechanical failures: Faulty brakes, steering issues, or other mechanical defects can cause accidents, even when riders are cautious.
- Unsafe terrain: Loose gravel, steep hills, and hidden obstacles can make riding dangerous.
- Third-party negligence: Sometimes, another person’s carelessness causes the accident.
No matter what caused your accident, help is available to secure the compensation you deserve.
Our Columbia ATV accident lawyer will look at the facts of the case to determine who is responsible and help recover the damages the accident victim is entitled to pursue.
Have You Suffered Any of These Injuries in an ATV Crash?
When an ATV crashes or flips over, it can leave the riders with serious injuries, many of which will affect them for years to come.
ATV accidents often lead to serious injuries that can have long-term effects on your life. Some of these injuries include:
- Head & brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Cuts and abrasions
- Amputations
Many times, recovering from these injuries can take weeks, months, or even years. During that time, medical bills can quickly pile up. Plus, when you cannot work, that adds financial stress to an already difficult situation.
While some incidents might be accidental, there are times when these crashes result from another person’s negligence. In those cases, you can take legal action. At The Solomon Law Group, LLC, we can help you proceed through this process.
Who May Be a Liable Party?
All cases have their own set of facts. With an analysis of the evidence, we can find out who may be liable in your situation. Sometimes, more than one person or party may share responsibility for the incident.
These parties may involve:
- The ATV operator: If the driver was careless, intoxicated, or inexperienced, they may be held accountable.
- The ATV manufacturer: The manufacturer could be liable if a defect in the vehicle or its parts caused the accident.
- Property owners: Landowners who fail to maintain safe conditions on their property may be responsible if an accident occurs.
- ATV rental companies: Rental companies must properly maintain their vehicles and provide safety instructions. If they fail to do so, they could be held liable.
- Other riders or drivers: If another person’s reckless behavior caused the accident, they may be responsible for your injuries.
Our Columbia ATV accident lawyer will take time to investigate the accident to determine the at-fault party and collect the evidence needed to support your claim.
What Compensation Can an ATV Attorney Help You Recover?
When you’re injured in an ATV accident, you may be entitled to compensation for both your financial losses and the emotional toll of the accident. We can help assess what might be viable in your case, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Due to the severity of these accidents, facilities are very common. In these unfortunate situations, surviving family members may be able to recover expenses related to the incident in a wrongful death lawsuit. These compensate for the funeral expenses and their financial and emotional support loss.
There is no set amount of damages in these cases. This will depend on the specifics of the accident and the liable parties. At The Solomon Law Group, LLC, will make sure that all of your losses are taken into account so that you receive a fair settlement.
South Carolina’s ATV Laws and Their Impact on Your Case
South Carolina does have a few ATV laws. Compliance with these regulations can affect liability, the strength of your case, and the compensation you may be entitled to receive. Here is a look at some regulations and how they can impact your legal claim.
Helmet and Eye Protection Requirements
Under South Carolina law, riders under the age of 16 are required to wear helmets and eye protection while operating an ATV. If the injured rider was not wearing these safety devices at the time of the accident, it may affect the outcome of the case.
South Carolina follows a comparative negligence rule. In these cases, you could be barred from recovering compensation if you are more than 50% at fault for the accident.
For example, if a rider sustains a head injury while not wearing a helmet, the defendant’s legal team might argue that the rider’s failure to wear protective gear contributed to the severity of their injuries. In turn, that can potentially limit or prevent recovery.
Age Restrictions for ATV Operators
South Carolina law prohibits riders under the age of 12 from operating ATVs on public property unless they are under the direct supervision of an adult. If the accident involves a child riding without adult supervision, this violation of the law can impact liability.For example, if a child under 12 is injured while riding unsupervised, the defendant’s legal team may argue that the parents or guardians were negligent in allowing them to operate the ATV.
Restrictions on ATV Use on Public Roads
ATVs are prohibited from being operated on public roads and highways. One exception: these vehicles may cross public roads in designated areas. However, they must come to a complete stop, yield to oncoming traffic, and cross in a safe and legal manner.
If an ATV accident occurs on a public road where ATV use is prohibited, it may complicate the injured party’s ability to recover compensation. The defendant may argue that the rider violated the law by operating the ATV in an unauthorized area. This could be seen as comparative negligence.
Compliance matters in these cases. However, even if you were partially responsible, you will still want to talk to an experienced Columbia ATV accident lawyer to see what options you have for your claim.
In many cases, evidence can place full liability on other parties, strengthening your possibility of compensation.
A Columbia ATV Accident Lawyer Can Get You the Legal Help You Need
Unfortunately, these incidents can change your life in an instant. However, if someone was liable for the accident, you can take legal action against them. At The Solomon Law Group, LLC, we’re ready to help.
Our Columbia ATV lawyer will assess the strength of your claim and help you determine your next steps.
If you’re ready to move forward, contact us today for a free consultation.
