All-terrain vehicles (ATVs) can be a work vehicle and an exciting alternative for off-roading. It can be easy to forget that these vehicles are pieces of high-powered machinery capable of causing severe damage and injury. No matter how safely you operate your ATV, you can never predict when an accident will occur. If you have been involved in a serious accident, you might need a Morgantown ATV accident lawyer.
ATV accidents are a matter of personal injury law, but there are some key differences that set them apart from car accident procedures. To successfully navigate an ATV-specific personal injury claim, you need legal counsel who is familiar with the peculiarities of ATV regulations.
ATVs lack many safety provisions that we have come to expect in cars, giving riders more opportunity for hazardous driving. Safety often depends on the kind of protective gear you choose to wear while riding an ATV, or if you wear gear at all. With so much of the burden of safety resting on the consumer, accidents have the potential to be fatal.
ATV riders must operate their vehicles safely on and off the road. Regular maintenance can help ensure your vehicle is as reliable and safe as possible. This can also help if there is ever an ATV accident claim against you, as someone can attempt to label you as negligent through poor upkeep of your vehicle. To collect damages for an ATV accident, one must prove that the person directly caused and was at fault for the accident, even if through the negligence of their vehicle.
Liability depends on the particular circumstances of an accident. Any of these parties can be liable for an ATV accident:
Since ATVs do not typically operate on roads the way cars do, they are subject to different rules and regulations. ATV regulations usually focus on the following areas:
Due to the differences between ATV regulations and car regulations, penalties may also differ significantly. Violation of ATV laws can result in the offender being ordered to pay a fine and potentially serve jail time. The fine amount and sentence time can increase with each subsequent violation and if there are any aggravating circumstances in the case, such as the death of an individual.
Aside from the legal consequences of an accident, you may incur physical and emotional consequences, too. You cannot predict how much time you will need to recover from accident-related injuries. Injured parties who are not liable for the accident may file a claim to collect compensation for medical expenses in addition to property damages.
West Virginia does not require you to hire an attorney to represent you during personal injury claims; however, the average consumer typically does not have the proper tools and legal knowledge to prove their cases in court.
When you are up against belligerent insurance companies who are reluctant to give you a payout, you need a fierce advocate on your side. We know how to navigate the court system and talk to insurance providers to secure the compensation you need to recover from your accident.
For minors in West Virginia, ATV law requires that you wear a helmet at all times while operating an ATV. The helmet must be approved by the Department of Transportation. Also, riders under the age of 18 must earn a certificate of completion from a safety awareness course offered by the DMV.
In West Virginia, a person has two years from the date of the accident to file a personal injury claim. It is crucial that you consult with a lawyer and file your claim within this time period. Claims that are filed after the statute of limitations has passed are usually dismissed by the judge, becoming ineligible for consideration.
Property damage coverage on an ATV is insurance coverage that can help pay for the damages you inflicted upon another person during an accident. This is a liability insurance whose payouts are routed toward the person whose property you damaged with your ATV. Typically, the payout from this insurance covers repairs.
Yes, you must have insurance on an ATV in Morgantown, West Virginia if you are riding on public lands. Insuring the ATV is a part of the vehicle registration process, which is required for all special-purpose vehicles being used on public roads. An ATV is not required to have insurance if it is being used on private land. Heed the registration and insurance requirements for any private courses and trails you visit, as some may have greater requirements.
If you are in an ATV accident, do not hesitate to seek legal representation as soon as possible. We may be able to have any claim against you dismissed and assist you in filing a claim for your damages. Contact a Morgantown ATV accident lawyer today to take the first step in filing your personal injury claim and pursuing compensation. We can provide effective legal support.
Looking for legal representation in West Virginia or Pennsylvania? Contact us today to schedule a free consultation and learn how we can help you seek the justice and compensation you deserve.
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