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Who’s Responsible for a California Four-Wheeler ATV Accident?

Maison Law represents the victims of California ATV accidents. Our California ATV Accident Lawyers assist victims in identifying who caused an accident. We then go to work making sure that an at-fault party or parties are held fully accountable for all recovery costs. Please contact us after a serious accident caused by someone else’s negligence. We provide a free, no-obligation consultation for all California ATV accident victims. It’s a no-risk opportunity to find out what a personal injury case may be worth and how to hold those at fault fully responsible.

Dangerous Mistakes Behind California ATV Accidents

California ATV riders enjoy the freedom of being able to go just about anywhere. From the mountains to the canyons, and to the coast, ATV owners can catch air and power down the trail.

The rugged terrain can sometimes provide a bit of danger to any ride. But it’s often other ATV drivers and motorists in cars, trucks, and SUVs that provide the biggest risks. A collision can cause devastating injuries for defenseless ATV occupants. Life-threatening harm is also possible.

The U.S. Consumer Product Safety Commission (CPSC) finds that from 2016 to 2018, California was one of the 10 deadliest states when it came to ATV-related deaths. California recorded 101 ATV fatalities over that time, placing it fifth on the tragic list behind only Texas, West Virginia, Pennsylvania, and Kentucky.

With such risk always possible, it’s critical to speak with a skilled California ATV Accident Lawyer after a collision. A lawyer helps make sure victims aren’t blamed for their own accidents when a careless driver is really the culprit. This makes it possible for victims and their families to seek financial support during recovery.

Determining Liability After a California ATV Accident

Most ATV riders take safety very seriously. They proceed cautiously and make sure everyone’s fun doesn’t end with a careless accident. Unfortunately, the actions of another ATV driver or a distracted driver in a car can wipe out any safety precaution.

A collision can expose ATV drivers and passengers to powerful forces without the benefit of airbags, seatbelts, or four metal walls. An impact with a vehicle or a tree can leave victims with broken bones and even spine damage.

Victims may face the cost of weeks or months of expensive surgeries and physical therapy. If someone caused an accident that made rehabilitation necessary, that person should share in the costs of life-saving care.

The liable party may also be a business or corporation. A company that provides ATVs owes all customers a “duty of care.” It means they must remove all obstacles and provide the safest vehicles possible to make sure clients stay protected. When they let customers down in that duty and someone gets hurt, those businesses can be held accountable.

These are just a few of the different individuals and businesses that could be liable for an ATV accident:

ATV Rental Company – The rental company may be protected from lawsuits over injuries caused due to the normal risks associated with ATV use. Yet, if a hazard or danger goes beyond that normal risk, the company could be liable for every recovery cost. That could include the company providing a machine that hasn’t been properly maintained and inspected for 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 at-fault driver’s car insurance or homeowners insurance usually won’t cover victims in an ATV accident. Many car insurance companies also sell ATV and recreational vehicle 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. A rental company or retailer could also be liable for an accident if an ATV maker puts out a recall on an unsafe part or vehicle. If the rental company or ATV dealer doesn’t pull the vehicle from use, they could be responsible for any injuries that result.

Property Owners – Riding on someone’s property could lead to a lawsuit over unsafe roadways or hazardous manmade obstacles if you are hurt.

The State of California – A government department such as the State Parks Department could be liable for an accident if officials know about a hazard on public lands but don’t warn riders about it. If an ATV driver is hurt due to a rockslide or a damaged path, California officials may be found liable.

Can I Still Get ATV Accident Support If I Sign a Waiver?

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 business, 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 and receive the support you need to rebuild your lives.

Remember, you won’t need any money upfront to hire a lawyer to represent you 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.

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