ATV Parks and locations used by ATV Tour Businesses can leave owners and operators responsible for trail hazards and even the actions of reckless drivers. Victims may have signed a waiver form, but that doesn’t always protect ATV businesses from liability.
A California ATV Accident Lawyer helps you hold ATV park owners, dangerous drivers, and others responsible when their actions cause you or a family member harm. Contact Maison Law to schedule a free, no-obligation case consultation to find out what your injury is worth and how to hold insurance companies fully liable.
ATV Accident Dangers in California
ATV riders looking for a fun day on the trail can visit several public ATV areas in State Parks and on private land. California ATV enthusiasts can tackle canyons and mountains around Los Angeles. Riders can join ATV tour groups at Griffith Park or head down to ride the sand in Baja. Tourists can ride in the Bay Area. Folks in Fresno can rent ATVs and enjoy OHV (Off-Highway Vehicle) rides on nearby public lands.
When a business or a state or local government provides property or a state park for riders, they also owe ATV operators a “duty of care.” They must offer safe trails and keep riders off of dangerous sections where trail erosion or a rockslide could cause rollovers. ATV Park owners and operators and tour companies must monitor ATV riders and make sure everyone is following the safety rules so they can’t endanger other riders.
This duty of care to keep customers and residents safe often means that after an accident, victims can file lawsuits and hold owners and operators fully liable for medical costs and other injury hardships. A California ATV Accident Attorney helps hold these owners, operators, and government departments liable for their negligence.
Their insurance representatives may try to blame you for your accident or downplay the seriousness of your injuries. A lawyer fights back to make sure victims receive every benefit available to them.
Who Is Responsible for Accidents at ATV Parks?
Your lawyer also performs the important task of identifying every at-fault party in an ATV accident that can be liable. This is key for a victim’s financial recovery because the more parties that can be held accountable, the higher the likelihood that victims will get all of their medical bills covered. They should also receive money to support their families while victims can’t work. This means they won’t have leftover costs that their families would have to pay out-of-pocket.
An ATV accident can be caused by several mistakes by reckless drivers and negligent property and business owners. Every party that contributed is legally obligated to help victims pay for the best medical care available. Insurance adjusters may try to deny that their policyholders should be responsible, but your lawyer would collect evidence to show otherwise.
These and other parties may all be providing ATV Accident settlement checks to you and your family:
- ATV Park Owner – An owner at an ATV park may be fully liable after an accident. Your California ATV Accident Lawyer would fully investigate your case and determine if a park owner or operator exposed riders to a hazard that could’ve been fixed. They might have allowed an unsafe driver to use the park and ended up getting you or a family member hurt. Your lawyer could prove that a waiver of liability wasn’t enough to excuse an ATV park owner from liability in an accident.
- The State of California, City, County Government – The state or the county may operate an ATV riding area. If officials know about a hazard on public lands but don’t warn riders about it. Signs should be posted and hazardous areas blocked. The removal of riders who are being reckless and breaking the law is also the responsibility of government officials.
- ATV Rental Company – The rental company is responsible for providing a machine that is well-maintained and inspected for use. If a breakdown causes a rollover or a collision with a tree, the company could be fully liable. They must also monitor manufacturer recalls to identify safety issues with certain models and remove them from use.
- Tour Company – A touring company must take customers on safe routes and provide safe vehicles for sightseeing. A failure to provide a safe tour could result in a lawsuit for anyone who is injured.
- Another ATV Driver – Other ATV drivers could make reckless moves that put themselves and other ATV occupants in danger. The driver may have ATV accident insurance. If a careless driver didn’t have a policy, it’s possible victims would have to sue the driver directly.
- A Driver in a Car, Truck, or SUV – Car insurance will cover victims if an at-fault driver in a full-sized vehicle strikes an ATV. A driver’s car insurance company could be held fully liable for the victim’s recovery costs.
- ATV Manufacturer – The ATV maker may allow a design flaw or defect to be sold to customers. A tire maker could also be liable for a blown-out tire risk that causes an overturned ATV accident.
Can I Still Get ATV Accident Support If I Sign a Waiver of Liability at an ATV Park?
You may sign a “waiver of liability” form when you rent an ATV or book a tour, but that doesn’t protect the business owner from all liability. There are certain risks associated with using an ATV, and a waiver form keeps you from suing a business in the event of an accident due to a foreseeable hazard.
However, if a business caused hazards that were well beyond the normal risks associated with ATV use, their commercial liability insurance provider could be accountable for your injury costs. That may include the failure to provide maintenance and safety checks on their vehicles. A tour company may take a tour group into an unsafe area, like leading them down an eroding pathway.
Talk to an experienced California ATV Accident Lawyer about your options and find out how to secure full compensation, even if you’ve signed an accident waiver.
Contact a California ATV Accident Lawyer
If you or a loved one are the victims of a careless driver or a negligent ATV park owner or operator, take advantage of a free case consultation from a real California ATV Accident Lawyer. This evaluation comes with no obligation to you or your family. It’s an opportunity to figure out just who could be liable for your ATV accident injury. We want to make sure you and your family are treated fairly as you deal with perhaps multiple insurance companies.
You won’t need any money upfront to hire a lawyer to represent you and protect your interests as you heal. Maison Law doesn’t get paid unless we win your case. Then our fee comes out of the settlement money you are awarded.
