Our Las Vegas ATV accident attorneys can help you when you’re hurt in an ATV accident. If you’ve been injured in an ATV accident, you may deserve monetary compensation. But you must take affirmative steps to bring a case and claim compensation. Our attorneys for ATV accidents in Las Vegas can help.
What Is the Law for ATV Accidents in Nevada?
In Nevada, ATV laws are negligence laws. You may claim compensation if you’re hurt in an ATV accident because of someone else’s carelessness, recklessness, or intentional misconduct. Usually, an ATV accident can be traced to the actions of at least one person.
For example, an ATV operator may be driving too fast for the terrain, or they may not look out for other traffic in the area. Whatever the situation, when you’re hurt because of the actions of someone else, you may deserve financial compensation for your injuries.
Nevada ATV Laws, Nevada All-terrain Vehicle Laws
Chapter 490 of the Nevada Revised Statutes lists many of the laws that apply to all-terrain vehicles. The law calls them off-highway vehicles. Nevada law 490.090 says that it’s generally against Nevada law to operate an off-highway vehicle on a paved road except when you’re crossing over a road or you’re loading or unloading your vehicle. There’s also an exception for emergencies. Nevada law 490.100 says that a local government may designate a paved area for off-road vehicle use.
Nevada law 490.105 says that some ATVs are made for operation on highways. You must be sure to determine whether your vehicle meets the requirements for operating on the roads. Nevada law 490.120 lists the rules for headlights, taillights, and reflectors when you operate on a road. Drivers may operate qualified ATVs on roads, but the ATVs must be registered, and you must follow traffic laws. Nevada law 490.130 requires ATV drivers to follow the rules of the road, display a special license plate and wear a helmet.
Examples of ATV Negligence
In most cases, ATV accidents aren’t really accidents at all. Usually, an ATV accident occurs because of someone’s actions. Here are some examples of negligence in an all-terrain vehicle that can lead to an accident:
- Driving too fast for the conditions present
- Not taking care to look out for other traffic
- Traveling on a public road when the law prohibits it
- Having extra passengers on an ATV that isn’t designed for it
- Allowing a child to drive without sufficient supervision
- Inexperienced drivers
- Trying tricks and stunts
- Going to unfamiliar places
- Violating state and local laws
However the accident occurs, if it’s the fault of another person who isn’t careful enough, you may bring a lawsuit for damages. You don’t have to be a passenger or even on an ATV to have a case. In fact, you may bring a lawsuit if you’re a pedestrian, on a bicycle or even in another type of vehicle. The law requires the victim to compensate you for your damages. The same legal standards apply that apply in all other Nevada civil negligence cases.
Do I Need an ATV Accident Attorney?
An ATV accident attorney can ensure that you get justice when an ATV accident occurs. You must file your claim in a court of law. Although an experienced attorney may make the process seem simple, there are many steps involved in bringing a claim for compensation after an accident.
Your attorney takes the weight off your shoulders and does everything on your behalf. From gathering proof of fault to drafting legal documents to negotiating fair compensation, your attorney has the training and experience to make the legal process as smooth as possible while ensuring that you receive fair compensation for your case.
What Can I Win in an ATV Accident Lawsuit?
In an ATV accident lawsuit, you can recover for all of your financial losses as well as for pain and suffering. For example, if you have $5,000 in medical bills and you miss three weeks of work and $3,000 of pay, you may claim $8,000 in financial compensation. Your medical compensation includes any type of medical care like emergency services, doctor’s appointments, physical therapy, mental health treatment, and mobility aids. Any way that you have bills or even fail to earn money because of the accident can be a part of your claim for compensation.
Pain and suffering compensation is meant to provide you payment for the physical and emotional anguish that you endure because of the accident. After an ATV accident, you’re in physical pain. Your lifestyle has changed. Anxiety, PTSD, and guilt are all very real injuries from an ATV accident that are worthy of compensation. An experienced ATV accident attorney can help you value all of the types of damages that you have and make a claim for compensation.
How Do I Win an ATV Accident Lawsuit?
To win an ATV accident lawsuit, you must prove the following:
- Duty – The party responsible for the accident had a duty to act carefully. For example, an ATV operator has a duty to be careful in regards to those around them. Likewise, a motor vehicle driver has an obligation to act carefully for the benefit of nearby ATV drivers.
- Breach of Duty – The party responsible for the accident breached their duty to act carefully. For example, if an ATV driver hits you because they’re driving too fast for the terrain or the weather, they’ve probably breached their duty to act carefully.
- Causation – The breach of duty is the cause of the accident.
- Damages – You have injuries or property damage because of the accident.
It’s up to you to prove each element of the case. You must detail the amount of your damages with evidence. Although it may seem overwhelming, an ATV accident lawyer can help you make the process simple and manageable. Your attorney can take the necessary steps on your behalf to prove the amount of your damages and justify the amount of compensation that you’re demanding in your case.
What To Do After an ATV Accident
After an ATV accident, you should seek medical care. You should see if anyone else needs medical attention. Always err on the side of summoning medical help.
In addition, you should get the contact information of anyone who is involved in the accident or witnesses it. If you can, take photos of the accident scene and any damage to your ATV. As you contact your attorney, begin keeping records of any expenses that are related to the accident like medical bills.
Why Hire Adam S. Kutner Accident & Injury Attorneys?
At Adam S. Kutner Accident & Injury Attorneys, we accept nothing less than fair and complete compensation for each accident victim. We know that it isn’t easy being the victim of an accident. We know that you may be anxious about the legal process. That’s why we provide aggressive, compassionate, and individualized representation for each client.
If you’ve been hurt in an ATV accident, or if you have questions about your rights following an ATV accident, we invite you to reach out to a member of our legal team. There’s no cost to speak with us, and your call is confidential. We want you to understand your rights, your options, and how Nevada law applies to your case. Call us today.