Denver, CO, ATV Accidents Lawyers Fighting for Fair Compensation for Their Clients
All-terrain vehicles (ATVs), also known as quads, are used for transportation and sport by many people. With the ability to handle off-road conditions, carry multiple people, and hit top speeds of up to 60 MPH in some models, they are utilized by people who are hunting, fishing, or just want to get off the beaten path. However, ATVs can pose serious dangers, and ATV accidents lead to hospitalization for thousands of riders every year. Because these vehicles lack most of the safety measures found in cars, crashes can cause very serious injuries for accident victims that require long recovery times and result in hefty medical bills.
An off-road vehicle crash can potentially turn your life upside down in a moment. It can be hard to navigate the insurance rules and personal injury laws governing recovering damages for your losses, especially when you are fighting to get healthy again. If you have suffered injuries in an ATV accident that was not your fault, a personal injury lawyer from Genco Injury Attorneys can help you understand your legal rights and get you the just compensation you deserve. Contact our personal injury law firm for a free case review today to learn more about your options: 303-500-1376.
What Are Common Causes of ATV Injuries?
While off-road vehicle accidents can sometimes be caused by operator error, especially in the case of young or inexperienced riders, there are many other potential reasons for a crash and subsequent injuries. These can include:
- Design or manufacturing defects
- Maintenance or repair mistakes
- Mechanical failure
- Damaged or badly maintained trails
- Irresponsible or negligent operation of other vehicles by drivers
- Hazardous terrain, including dangerous patches of water or ice
- Improper seating on vehicles, such as carrying more passengers than the ATV can hold
- Safety equipment failure
- Lack of training or supervision for other riders
- Intoxication or impairment of drivers
What Harm Can an ATV Crash Inflict?
Even when wearing proper safety gear, including gloves, padded clothing, goggles, boots, and helmets, a victim of an ATV accident may experience catastrophic injuries. Some larger styles of off-highway vehicles do incorporate a few safety features, such as seat belts and roll cages, but many leave the riders exposed to the elements and vulnerable to harm in a crash. This is true whether the injuries occur in a single vehicle accident or if they involve other off-road vehicles. Some of the injuries that victims can experience in an off-road vehicle accident may include:
- Traumatic brain injury (TBI)
- Neck and spine injuries, possibly resulting in paralysis
- Broken bones
- Bruises and lacerations
- Crush injuries
- Asphyxiation injuries, including damage or death from carbon monoxide poisoning
- Severed extremities
- Soft tissue injuries
- Permanent physical scars
- PTSD, anxiety, depression, and mental changes
If an ATV goes through the ice into a lake or other body of water, riders may face frostbite, hypothermia, and drowning. If the damage caused by the ATV accident is too significant, death may result.
How is Liability Determined in an ATV Accident?
Because there are many individuals or entities that could be at fault in an ATV accident case, it requires a thorough investigation to uncover who may be liable. Even if you are found to be partially at fault for an accident, you may still be eligible for partial compensation under Colorado’s modified comparative negligence laws. If the ATV accident was caused by mechanical failures or a defective product design, you might be able to file a product liability case against the manufacturer. If improperly maintained trails caused or contributed to your crash, the government or local entities responsible for repairing trails could be liable. If you were a passenger or your crash was caused by the negligence of another driver, then you may file a personal injury claim against them and their insurance to seek compensation. Liability is quite complex in cases involving recreational vehicles, and it is recommended to enlist the help of a knowledgeable personal injury attorney who can examine the case and determine who may be at fault.
What Damages Can Be Recovered?
ATV injury victims can face an uphill battle while attempting to regain the abilities they had before their accident. Recovering from their serious injuries can require months of painful rehabilitation and numerous doctor visits. Some victims will never fully recover. Others may carry visible scars and disfigurement or suffer invisible harm like PTSD, nightmares, or other mental issues. While the actual recoverable damages are determined by the circumstances of the accident and injuries, some of the common categories of compensation include:
- Actual compensatory damages: These are tangible financial losses that occurred as a result of your injury. This could include medical expenses, lost wages, rehabilitation costs, loss of future earnings, and other expenses.
- General compensatory damages: These are non-monetary losses caused by the accident. In this category is compensation for future medical expenses, pain and suffering, mental anguish, loss of a loved one, and other damages.
- Punitive damages: This can be awarded in addition to other damages. This compensation is meant to dissuade other individuals from committing the same reckless or wanton act that caused the injury. Punitive damages may also be assessed if the defendant was found to be willfully malicious in their actions.
Why Hire a Denver ATV Accident Attorney?
Due to their off-road nature, accidents involving ATVs can present challenges when attempting to prove liability for the crash. Often there are no cameras nearby to document the accident, and witnesses may not have seen exactly what occurred. Sometimes there are no witnesses at all in single-vehicle accidents. This is why it is critical to hire a skilled Denver ATV accident attorney from the law firm of Genco Injury Attorneys. We will go the extra mile to investigate all potentially liable entities in your crash and will enlist the help of experts in off-road vehicles when necessary to determine the causes of your crash. At Genco Injury Attorneys, we care about the well-being of our clients, and we will ensure that you are connected to the Colorado ATV accident resources you need so you can continue your journey towards healing. Call us today at 303-500-1376 for a free consultation to learn how we can help you get the fair compensation you deserve.