ATVs can be a lot of fun, and they can be practical. But if you’re involved in an ATV accident, suddenly you need answers. Can you get financial compensation after an ATV accident? Can you get money if you’re hurt in an ATV accident? What are Nevada laws about ATV crashes?
These are all great questions. Nevada has laws that apply to ATV operation and accidents. If you’re hurt as a result of an ATV crash, some laws may entitle you to monetary compensation. Nevada law talks about what you can do to recover financially when you’re hurt in an ATV crash. The laws state who qualifies to bring a claim and what dollar amounts you can recover if you’re injured.
ATV Accidents and Personal Injury Claims
An ATV accident in Nevada is generally treated the same way as any other car, truck or vehicle accident. The person whose carelessness results in the crash pays for the damages to others. Nevada uses an at-fault system for car accidents, and ATV accidents are no exception. When the ATV accident is someone else’s fault, you can bring a claim for compensation.
It doesn’t matter if you’re the ATV driver, in another vehicle or on foot. You can be the victim of someone else’s negligence no matter what vehicle you’re in or even if you’re not in a vehicle at all. It’s the conduct of each person that matters and not whether they’re driving the ATV, in another vehicle or on foot.
What Can I Recover if I’m Hurt in an ATV Accident in Nevada?
If you’re hurt in an ATV crash, the full range of damages for all accident cases apply. You can seek compensation for all of your economic and non-economic damages like your medical bills, lost work and mental and emotional anguish. When it comes to compensation, there are no special rules for ATV drivers. You’re entitled to the full range of compensation that all accident victims may claim.
Sometimes, your case qualifies for punitive damages or exemplary damages, are available in cases where very serious misconduct results in an injury. For example, if the other driver is under the influence or over the legal limit at the time of the crash, you might qualify for exemplary damages. Your attorney for ATV accidents in Nevada can help you determine whether you are eligible for punitive damages and help you claim them if you qualify.
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.
How Do Nevada ATV Laws Impact ATV Accidents and Personal Injury Claims?
Nevada’s ATV laws are essential for ATV accident claims because they may be proof that someone acted negligently. Usually, to prove an accident is someone else’s fault, you have to prove that they acted negligently. That means showing a lack of care compared to a typical person.
But when someone breaks an ATV law, their conduct is automatically proof of negligent conduct. When they break an ATV law and you get hurt because of their actions, you don’t have to convince the jury that what they did amounts to negligence. Instead, the law establishes what an ordinary person should do. If someone doesn’t follow the law, you only have to point out that they broke the law. The jury can conclude that their behavior automatically means negligence. Automatic proof of negligence is called negligence per se (pronounced negligence per-say).
Defective Product Claims for an ATV Crash
In some cases, the person responsible for your ATV crash isn’t a person at all. The ATV manufacturer, other vehicle manufacturers or even an equipment producer like the company that makes your helmet can be responsible for your damages. Any company that sells products has an obligation to sell safe products. They must design their products in a way that maximizes safety. They must also produce each item carefully. Depending on the cause of your accident and how your injuries occur, you may bring your claim for compensation for an ATV accident against the equipment manufacturer.
Time Limit to Bring Your Claim After an ATV Accident
You have a short window of time to bring your case for compensation after an ATV accident. You may have as little as two years from the date of the accident. Of course, the sooner you contact an experienced attorney for ATV accidents, the better. Your attorney can get to work right away building your claim and helping you create a plan to maximize compensation. They can help ensure that you file your case right the first time and create a strategy to pursue your case in the best way possible.
Our Attorneys for ATV Accidents in Nevada
Have you been hurt in an ATV accident in Nevada? We know that it’s hard to know where to turn. At Adam S. Kutner and Associates, we help accident victims every day. To us, it’s a passion to help deserving people get the financial compensation that they deserve after an ATV accident. Call us today. There’s no obligation, and we offer confidential consultations to help you understand your options and create a path to success. Let’s talk about your case today.