At Harris & Harris Injury Lawyers, we know that ATV accidents are often caused by negligent ATV rental companies or defective ATVs. Our Las Vegas ATV accident attorneys are ready to help you secure the compensation you need if you have been injured.
All-terrain vehicles, or ATVs, are fairly common on and around the Las Vegas area, especially for recreational purposes. Residents and visitors alike use ATVs to go out and have a little fun. However, these vehicles can lead to serious injuries.
Why Are Harris & Harris Injury Lawyers the Best Choice?
At Harris & Harris Injury Lawyers, we have been helping clients in the Las Vegas area for two decades. We are committed to helping ATV victims rebuild their lives after an accident.
- Our firm has a track record of success. We have secured more than $100 in settlements and verdicts for our clients.
- We are client-oriented – your needs will always come first, and you will always have access to your personal injury attorney in Las Vegas.
- You will pay no out-of-pocket cost and no legal fees until we secure the compensation you deserve.
What Will a Las Vegas ATV Accident Attorney Do To Help My Case?
ATV accidents can become very complicated, and they will require extensive investigation to establish liability. Your Las Vegas ATV accident lawyer will work to obtain all evidence necessary, including:
- ATV owner inspection and maintenance records
- ATV manufacturer safety and recall information
- All accident reports, surveillance footage, and eyewitness statements from the incident
Your accident attorney will ensure you are properly evaluated by a trusted medical professional and will work with the defendant(s) to secure a settlement that covers all of your injury-related expenses.
Recoverable Damages for an ATV Accident Claim
If you or someone you care about has been injured in an ATV accident that was caused by another person’s negligent actions, you may be entitled to compensation. At Harris & Harris Injury Lawyers, we understand these cases and will work to secure the following:
- Medical Bills: All of your ATV crash-related medical expenses, which can include hospital stays, surgeries, physical therapy, rehabilitation, medications, medical equipment, and any other healthcare costs.
- Future Medical Expenses: If ongoing medical care is needed, compensation may be sought for future treatment, including long-term care.
- Lost Income: If you cannot work while recovering, you can seek compensation for lost wages. This can include both wages lost during the recovery period and potential future earning losses if you cannot return to your previous line of work.
- Pain and Suffering Damages: Compensation for the physical pain and discomfort you have endured and impact on your quality of life.
- Emotional Distress: For any psychological impact the accident has had, including conditions like anxiety, depression, PTSD, etc.
- Loss of Enjoyment of Life Damages: If you are no longer able to participate in activities that you previously enjoyed before the accident.
- Loss of Consortium: In some cases, a spouse can seek compensation for the loss of companionship, affection, and support resulting from their partner’s injuries.
- Property Damage: If the ATV or other personal property was damaged in the accident, compensation can be sought for the repair or replacement costs.
- Punitive Damages: Possible punitive damages if the responsible party’s conduct was particularly reckless or malicious. This type of compensation is meant to punish the wrongdoer and deter similar behavior in the future.
What is the Statute of limitations for Nevada ATV Accident?
In Nevada, the statute of limitations for personal injury claims arising from ATV accidents is typically two years from the date of the collision. Once the statute of limitations has expired, the injured party generally loses the legal right to file a lawsuit to seek compensation for their injuries.
By setting a deadline, parties are encouraged to resolve disputes in a timely manner. This promotes efficiency in the legal system and helps ensure that claims are adjudicated based on the best available evidence. As time passes, evidence may become lost, destroyed, or degraded, and witnesses’ memories may fade.
Common ATV Accident Injuries
Some of the most common injuries that occur as a result of an ATV accident include:
ATV owners must ensure that those who use their vehicles are properly trained to do so and understand how to use the ATV. All ATVs should be regularly inspected and maintained to ensure they are safe for riders.
If an ATV is defective and the defect causes injuries, the company or manufacturer of the ATV could be held liable for damages.
Types of ATV Accidents
ATV accidents can vary in nature, but here are some common types that are seen in Las Vegas and Nevada:
- Side Rollover Accidents: These occur when an ATV tips onto its side. It can happen due to sharp turns, uneven terrain, or loss of control.
- Backward Rollover Accidents: Backward rollovers happen when an ATV tips over backward, often caused by excessive acceleration, steep inclines, or imbalanced loading. These accidents can be particularly dangerous, as they may result in the ATV landing on the rider.
- Colliding with Objects or Other Vehicles: Collisions can occur with stationary objects like trees, rocks, fences, or with moving vehicles such as other ATVs, cars, or motorcycles.
- Overloading: Exceeding the weight capacity of the ATV with additional passengers or heavy equipment can cause imbalances, making the ATV more prone to tipping and rolling.
- Mechanical Failure: Tire blowouts, axle failures, steering issues, and other mechanical breakdowns can result in a sudden loss of control. Regular maintenance and inspection can help prevent these types of accidents.
Safety training, proper maintenance, adherence to local regulations, and the use of safety equipment are essential to minimizing the risks associated with ATV riding.
Common Causes of ATV Accidents
Common causes of ATV accidents in Las Vegas and throughout Nevada include the following:
- Reckless Driving: Speeding, aggressive maneuvers, and ignoring safety protocols.
- Inexperienced Operators: Lack of training and experience can lead to mistakes and poor judgment.
- Defective Equipment: Mechanical failures, such as brake malfunctions or steering issues, can cause an operator to lose control of the ATV.
- Failure to Wear Proper Safety Equipment: Helmets, gloves, and other protective gear can mitigate injury, and failure to use them properly can result in more serious consequences in the event of an accident.
- Carrying Passengers: Many ATVs are designed for a single rider. Carrying passengers can create an imbalance, leading to tipping or rolling over.
- Riding on Public Roads: ATVs are typically not designed for paved roads, and riding on public streets can lead to dangerous interactions with other vehicles.
- Child Operators: Children may not have the physical strength, judgment, or skill needed to safely operate an ATV.
- Weather Conditions: Wet or icy conditions can reduce traction, while fog and other weather phenomena can reduce visibility.
- Ignoring Warning Signs and Age Restrictions: Not adhering to manufacturer’s guidelines, posted warning signs, or legal age restrictions can lead to improper use and accidents.
- Riding on Unfamiliar Terrain: Riding on unfamiliar trails or terrain without first assessing potential hazards can result in unexpected accidents.
Who is Responsible for a Las Vegas ATV Accident?
Determining responsibility for an ATV accident can be a complex process, as it often depends on the specific circumstances of the accident. However, here are the common parties that might be liable:
- ATV Operator: If the operator was driving recklessly, under the influence of alcohol or drugs, or without proper regard to safety laws and regulations, they may be held responsible for the accident.
- Other Vehicle Operators: When an accident involves another vehicle, and that operator was negligent or violated traffic laws, they might be liable.
- Property Owner: If the accident occurred on private property and the owner failed to maintain the property or warn of known hazards, they might be responsible.
- ATV Manufacturer or Dealer: If the accident was caused by a defect in the ATV itself, such as faulty brakes, steering, or other mechanical issues, the manufacturer or dealer might be liable.
- Maintenance or Repair Company: When improper maintenance or repairs contributed to the accident, the company or individual who performed the repairs might be responsible.
- Parent or Guardian of a Minor: If a minor was operating the ATV and caused the accident, their parent or guardian might bear responsibility, particularly if they allowed the minor to drive the ATV in violation of age restrictions or without proper supervision.
- Local Government or Entity Responsible for Public Land: When an accident occurs on public land because of poorly maintained trails or lack of proper signage, the responsible government entity might be liable.
- Passenger: In some cases, a passenger’s actions might contribute to the accident. For instance, if they were interfering with the operator’s ability to drive safely.
Determining who is responsible for an ATV accident often requires a thorough investigation of the facts and circumstances. An attorney may examine police reports, interview witnesses, consult experts, review applicable laws and regulations, and more.
How Does Nevada Law Define ATVs?
Nevada law generally defines an All-Terrain Vehicle (ATV) as a motor vehicle that is designed for off-highway use, also referred to as off-highway vehicles (OHVs). ATVs are equipped with three or more low-pressure tires, have a saddle or seat designed to be straddled by the operator, and handlebars for steering control.
Registration and Titling
Nevada law requires the registration and titling of ATVs. There are specific exemptions, such as for ATVs used solely on private property, but generally, owners must comply with state requirements.
ATV operators must wear helmets when riding an ATV on a road or trail that is open to plated street-legal vehicles.
All ATV drivers must be licensed or if under 16, accompanied by an adult licensed driver who is at least 18 years old.
Operation on Public Roads
ATVs are generally not allowed to operate on public roads in Nevada except in specific circumstances or areas designated for ATV use. Certain localities may have ordinances that would enable ATV use on certain streets or within particular jurisdictions.
Where Can People Ride an ATV in Las Vegas?
ATV riding is a popular recreational activity around Las Vegas, and there are several designated areas and trails where people can enjoy riding:
- Nellis Dunes: Located just north of Las Vegas, Nellis Dunes offers a variety of terrains and trails suitable for ATV riders of all experience levels.
- Hidden Valley and Primm: These desert areas provide miles of trails for riders to explore and are known for their scenic landscapes.
- Jean Dry Lake Bed: South of Las Vegas, this open area offers a flat surface suitable for beginners and those looking for a more relaxed ride.
- Valley of Fire State Park: While ATV riding is generally restricted within the park itself, there are adjacent areas where ATV tours and recreational riding may be available.
- Eldorado Canyon: This area offers various trails with picturesque views and terrains suitable for more experienced riders.
- Logandale Trail System: Located northeast of Las Vegas, this system provides over 200 miles of marked and unmarked trails for all skill levels.
- Commercial Tours: Many companies in the Las Vegas area offer guided ATV tours. These tours can provide riders a safe and guided experience, often including rental ATVs and safety equipment.
ATV Accident Statistics
The Consumer Protection Safety Commission keeps tabs on all known injuries and deaths related to all-terrain vehicles. When we look at their statistics, we can see that the latest reporting year saw many ATV incidents in the US:
- 105,400 ATV injuries treated in hospitals
- Approximately 500 to 600 people die each year in ATV accidents in this country
Contact a Las Vegas ATV Accident Lawyer
If you need a Las Vegas ATV accident attorney, you can contact us for a free consultation of your case by clicking here or by calling us at (702) 384-1414 or toll-free at 1 (800) 393-2350.