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Who Is Liable for Passenger Injuries in a California ATV Accident?

Any person contributing to the cause of an ATV accident can be liable for the harm caused to passengers. California personal injury laws might hold an ATV driver or a car or truck driver responsible. The owner of the ATV or an ATV rental business owner might also be held at fault.

Passengers may have to seek accident support from the driver of the All-Terrain Vehicle (ATV) they were riding on. The ATV driver, perhaps someone the victim knows, would be liable after making a reckless or careless mistake that causes an accident and injuries.

Earning Support After a California ATV Accident

Maison Law represents the victims of California ATV accidents. Our California ATV Accident Lawyers assist injured drivers and passengers in getting the support they need to make a full recovery. Please contact us after a serious accident caused by someone else’s negligence. We provide a free, no-obligation consultation for all California accident victims. It’s a no-risk opportunity to find out what a personal injury case may be worth and how to hold an insurance company fully responsible.

Passengers Injured In California ATV Crashes

It’s important to note that California considers most ATVs as one-person vehicles. Drivers are not supposed to carry passengers unless the vehicle is specifically designed to accommodate more than one person.

Officials with California State Parks warn ATV owners about adding aftermarket seats to ATVs in order to carry passengers. This affects the weight distribution of riders and makes ATVs more prone to accidents and rollovers. The state’s rules cover laws governing Off-Highway Vehicles (OHV), which include ATVs, RUVs (Recreational Utility Vehicles), and ROVs (Recreational Off-Highway Vehicles).

Passengers hurt by the driver on the ATV they are on, or by the actions of an operator on another ATV or off-road vehicle, can seek help if they suffer serious injuries. Hospital bills may jump to well over the cost of a single night in an emergency room. Recovery could involve surgery and physical therapy and last weeks or months. The at-fault party in an ATV accident needs to be held accountable for these costs.

A California ATV Accident Lawyer helps victims identify every party that may bear liability in their accident. Then a skilled lawyer files an injury claim against every party and works to get the most possible for an ATV injury for the client.

Who Can Be Held Responsible If I Am Hurt as a Passenger on an ATV?

ATV passengers hurt by the carelessness of others must seek full compensation for their recoveries. This ensures they don’t face bankruptcy over hospital bills that most people can’t cover out of their normal income.

In an ATV accident, it may not be just a driver who is at fault for what happened. A California ATV Accident Attorney assists in filing claims against any party who contributed to a bad accident. This gives the victim a better chance of securing all the support necessary to pay all medical bills and to replace their lost income while missing work.

These and other parties may have to contribute to an ATV accident settlement check for the victim:

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.

Frequently Asked Questions

Can I Earn Compensation After an ATV Accident if I Was Riding as a Passenger Illegally?

Yes. A driver or an ATV business can still be held accountable for your injuries even if you were riding an ATV as a passenger when you shouldn’t have been. Passengers and drivers may share the blame in an accident, but you could still seek a percentage of compensation from the careless driver or a negligent party.

Should I File an ATV Injury Claim Against Someone I Know?

You may feel unsure about filing an insurance claim against a driver you know, but generally, a claim would target the person’s insurer. The person wouldn’t have to pay for damages directly. It’s usually the case that a friend or family member who causes an accident would want you to have the support you need to recover. It’s one of the reasons they pay insurance premiums.

How long do I have to file an injury claim over an ATV accident?

California grants ATV accident victims up to two years to file an injury claim. It’s critical to act quickly after an accident so that your lawyer has time to gather fresh evidence and track down witnesses.

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 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.

 

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