ATV Accident Lawyer

Other Vehicle Type Accidents

Every year in the United States, ATVs cause over 125,000 accidents and over 600 deaths. Those injured by ATVs deserve a just settlement. Brain injuries, burns, and broken bones are the most common ATV injuries. ATVs commonly roll over or collide with cars or stationary objects when they roll over.

In ATV cases, the defendants are often other riders, the ATV manufacturer (in product liability cases), the landowner (in premises liability cases), and negligent motorists.

Any of these parties can be sued by a skilled ATV lawyer. Injury attorneys can also: assist injured victims with receiving immediate medical care, managing their ongoing medical treatment, obtaining critical evidence to prove liability and submitting a claim to the insurance company of the at-fault party.

Common Injuries

The U.S. has a wide range of ATV types. Off-road vehicles, four-wheelers, and side-by-sides are a few common ATVs.

Despite the fact that many off-road enthusiasts do not suffer severe injuries when enjoying off-road activities, many ATV riders do.

As reported by the Consumer Product Safety Commission (CPSC), ATVs cause over 125,000 accidents and over 600 fatalities every year in the U.S. The age of those who suffer the most injuries are 16 years of age and younger.

Rollovers, low-pressure tires, collisions with motor vehicles, and impact with stationary objects are the most common causes of ATV accidents.

Rollover bars and cages are not standard on many ATVs. As a result, some ATVs can cause riders to be thrown from their vehicles or pinned underneath them.

ATV accidents often result in traumatic brain injuries, spinal cord injuries, concussions, broken bones and fractures, burns, lacerations, and internal injuries.

ATV accident victims often need emergency room treatment after being injured.

Possible Defendants

These cases may involve a variety of parties depending on the facts of the case.

The most common defendants, however, are negligent car drivers, ATV rental companies, ATV manufacturers, and private landowners.

In the event an injury claim or case is successful, a plaintiff may be able to recover compensation for the following: medical bills, medical expenses, lost wages, loss of earning capacity, property damage, and pain and suffering.

A wrongful death lawsuit may be filed by a family if a person is killed in an ATV accident. As damages, you may recover the following (among others): burial and funeral expenses, income the deceased would have earned, and compensation for the loss of companionship and support the deceased provided.

Personal Injury Lawyers

These types of cases require the services of ATV accident lawyers.

An accident victim's family member is interviewed to find out the facts of the case and determine how much medical treatment will be needed. ATV lawyers can help victims manage ongoing medical care if they sustain serious injuries. Victims working with ATV attorneys can also gather important evidence in a case to prove their liability. In order to interpret or build key evidence, a lawyer may appoint experts.

A personal injury lawyer can file a demand letter on behalf of a victim when a party has insurance that will reimburse them. An accident victim can use a demand letter to inform their insurance company that they intend to make a personal injury claim. Attorneys who specialize in personal injury can also file a lawsuit on behalf of their clients so they can get a favorable verdict.

Bicycle Accidents

There are a number of factors that can contribute to bicycle accidents in California, including reckless drivers, dangerous road conditions, and careless pedestrians. A bike accident victim can file a lawsuit against the parties who caused the accident under state personal injury laws. A wrongful death lawsuit may be filed by family members of those who lost a loved one in a cycling accident.

It is possible that the responsible party or parties should pay money damages for the cycling accident. Personal injury lawsuits can be filed by accident victims in California. Depending on the state in which you were injured, you may be able to recover damages to cover your medical bills, lost wages, and bicycle damage as well.

Before you contact the driver's insurance company after a bike accident involving a motor vehicle, you should speak to a lawyer. As a general rule, insurance companies try to settle claims for the lowest possible amount. Rather than dealing with the insurance company yourself, your lawyer can.

A pothole, cracked cement, or an off-leash dog could also contribute to your accident. When this occurs, you may not know who is responsible for the accident. You can get compensation for your injuries by speaking with a California bike accident lawyer about who is at fault.

Common Biking Accidents

In 2015, the Centers for Disease Control and Prevention (CDC) reported that over 1,000 bicyclists were killed in the U.S. and almost 467,000 were injured as a result of bicycle accidents. Bicycle accidents resulting in fatalities and non-fatalities cost $10 billion in productivity losses and lifetime medical costs in 2010.

Approximately 16% more bicyclists died in the U.S. between 2010 and 2012. California has the highest number of bicycle fatalities according to the Governors Highway Safety Association (GHSA). A total of 338 cyclists were killed by motor vehicles in California from 2010 through 2012.

The most populous state in the country is California. There are also moderate year-round temperatures in urban areas, especially in Southern California and the Bay Area, making biking a popular activity year-round. Bicyclists who commute, compete and ride recreationally fall into this category.

For people who do not want to sit in traffic on their way to work, the state's heavy traffic makes biking an attractive alternative mode of transportation. In urban areas of the state, cyclists are at risk due to the heavy reliance on cars. All of these factors increase the risk of a bike accident occurring in California.

A bicycle rider has a lot of rights and responsibilities as a motor vehicle driver under Vehicle Code 21200.

Things to Remember

If you have been involved in a bike accident, the most important thing to do is to get medical care. Immediately dial 9-1-1 if you are injured, or ask someone to contact the emergency services on your behalf.

Head, neck, and back injuries are common in bike accidents. Seek medical attention if you sustain any of these injuries. Following a car crash, you can feel fine, but the next morning you may be in severe pain. Getting checked out by a doctor to ensure your injuries aren't more serious than they seem is a better option than being sorry.

Gather Information

If you are involved in a bike-car accident, you should record as much information about it as you can, including: the plate number of the vehicle; the driver's name and contact information; the driver's description of the accident; the location of the accident insurance information; the year, make, model, and color of the vehicle; the vehicle identification number (VIN); and Contact information of any witnesses.

In any case, keeping yourself safe should always be your number one priority. A driver who refuses to cooperate, is under the influence of alcohol, or leaves the scene should be reported to the police.

Almost everyone carries a smartphone. Record the information on the vehicle and take photos or videos of the scene of the accident. If you suffered injuries you may also want to take photos.

Do Not Admit Fault

People often apologize after an accident, even if they did nothing wrong. When you admit fault in an accident, your words can come back to haunt you. You may want to tell the other driver to contact your lawyer if he or she is insistent that you admit fault.

A jury must decide who is "at fault" in a personal injury lawsuit. You shouldn't admit fault, especially if you're not sure exactly what caused the accident. Speeding, texting, or even driving while drunk may have been contributing factors. Your attorney can analyze bicycle laws in California and negotiate with insurance companies and other drivers to ensure you receive compensation for your injuries.

Road Conditions

Bicycle accidents are often caused by road conditions. Cycling accidents are often blamed on potholes or cracks in the road. If the city does not maintain the roads properly, it may be liable for causing negligent bike accidents under California premises liability law.

In addition to potholes and cracked cement, uneven sidewalks, loose gravel, lifted asphalt, and damaged signs, there are several common road conditions that lead to bike accidents. It is the responsibility of property owners to maintain their pavement or asphalt. The property type may include a commercial space, a private residence, or a city-owned property.

Dangerous Public Roadways

The Los Angeles Times reported the Los Angeles City government has paid out millions in damages due to dangerous road conditions to cyclists and their families. Over $19 million worth of claims were paid out to Los Angeles residents in 2017. It is reported that nearly 20% of the city's bike lanes (179 miles) are classified as grade D or F. The city was aware of the dangerous conditions in many of these injuries. It is possible that public complaints and city employees prompted this. It is possible that the city was also aware of previous bike accidents in the same spots. Despite this, it may have just ignored the dangerous road conditions.

There is no exception to this rule in Los Angeles. Highways throughout California require repair. Millions of cyclists are at risk of injury or death due to hazardous road conditions.

California has more than 195,000 miles of public roads, according to the American Society of Civil Engineers (ASCE). About half of those roads are in poor condition.

Compensatory Damages

Cycling accidents may result in injuries being suffered by anyone who was responsible for the accident. Injuries or death may affect the type of damages available.

California personal injury lawsuits generally allow injured cyclists to sue for compensatory damages. A few examples are: medical bills, counseling, occupational therapy, lost wages, lost earning capacity, loss of consortium, disfigurement, scarring, and pain and suffering.

Additionally, the amount of damages will depend on how severe the injury is. Taking a few days off work and receiving emergency medical treatment may be enough for minor injuries. Despite this, some bike accidents are more severe and require lifelong medical attention.

Abrasions, "road rash", broken bone, hand fractures, head injury, dental fractures, eye injury, strain or dislocation, internal bleeding, and concussion are some of the most common injuries from bike accidents. Couples or domestic partners who lose their consortium usually lose companionship, support, and intimacy. Plaintiffs who bring a claim for loss of consortium can recover noneconomic damages, compensation for the loss of their spouse or partner's companionship and intimacy.

An injured cyclist in California may be eligible for punitive damages in some cases. In order to prove punitive damages, the plaintiff must generally prove the defendant's behavior was extreme or outrageous. Defendants can also intentionally harm plaintiffs, such as a driver running down a cyclist.

Wrongful Death From Biking Accident

You might be able to file a lawsuit for damages if your child or spouse was killed in a bicycle accident. Those who have passed away can't pursue a personal injury claim. In California, surviving relatives can sue for wrongful death.

There are six types of family members who can file a wrongful death lawsuit in California: The surviving spouse; the surviving domestic partner; the children; the grandchildren (if the decedent's children are deceased); or anyone who would be entitled to the property of the decedent under California intestate succession laws.

Certain family members of the deceased can seek damages in a wrongful death lawsuit to compensate them for burial and funeral expenses; financial earnings the deceased victim would have earned had he or she survived; and loss of companionship and financial support.

Reckless Driver

A personal injury lawsuit can be filed in cases where a driver was reckless or negligent in causing the bicycle accident. Those who are injured in an accident caused by a negligent driver will be held liable under California negligence laws.

A motorist is prohibited from driving in bike lanes under Vehicle Code 21209 VC. Drivers who violate this section and cause harm to bicyclists almost certainly face legal ramifications.

An accident victim or surviving family members usually need to prove that a driver was negligent in order to recover damages after a bike accident. There must be evidence that the driver had a duty of care to the cyclist, that the driver breached that duty of care through negligence, and that the driver's negligence contributed substantially to the cyclist's injuries or death.

As a general rule, drivers owe a duty of care to pedestrians, cyclists, and other drivers.

Traffic violations, inattentive driving, and other negligent actions can be evidence of driver negligence. There are several examples of traffic violations or negligence by drivers: Failure to give cyclists three feet for safety, Speeding, Failure to yield, Running a stop sign, Distracted driving, Reckless driving, or Driving under the influence of drugs or alcohol (DUI).

Electric Scooter Accidents

A scooter accident lawsuit (Bird or Lime) is a legal claim filed by someone injured while using a scooter. Typically, someone's negligence leads to an injury. Intentional conduct may also cause an injury. Medical expenses, lost wages, and other professional consequences such as a reduced earning capacity, as well as pain and suffering, can be recompensed to victims suffering serious injuries.

Accidents involving scooters have also become more common since the emergence of E-scooter sharing companies like Lime and Bird.

Classification of Escooters

The scooter consists of two wheels with a flat platform between them. By kicking the ground, people can propel themselves while standing on this board.

On the other hand, an e-scooter has an electric motor that propels it forward. Besides being able to move without the rider kicking the scooter, e-scooters may also be able to speed up much faster than normal scooters - some can reach speeds of up to 15 mph.

E-Scooter Sharing Companies

In the last five years, several E-scooter sharing companies have arisen to capitalize on this demand for profitable electric scooters. Among the largest companies that provide smartphone apps and profitable E-scooters are: Bird, Lime, Skip, Lyft, and Spin.

Several E-scooters have been dropped off in a city without notice to local officials by these companies. E-scooters often fall outside of the definition of bikes, cars, and motorcycles, so cities often don't have traffic rules or regulations in place. Therefore, locals rent E-scooters and ride them without any rules dictating where they can or cannot go, putting themselves and others in danger.

In some places, such as Los Angeles, E-scooters have been temporarily banned while lawmakers work on establishing regulations. Other cities have contacted E-scooter sharing companies that have dropped the devices within city limits without first consulting local officials.

Lack of regulations for E-scooters

E-scooters are a controversial topic due to the lack of regulations that govern their use.

E-scooters are frequently subject to local traffic laws, which govern non-traditional forms of transportation. As a result, some cities may require E-scooter riders to stay on the sidewalk, while other cities may require them to stay on the street. Confusion could lead to serious accidents that cause injury to innocent people.

E-Scooter Accidents

The number of accidents involving E-scooters has also increased as they have become more popular. Hospitals noted a sharp increase in patients visiting their emergency rooms in every city that has been inundated with E-scooters.

Accidents involving E-scooters can occur for many different reasons. All of these accidents can be classified into four categories: single-party accidents where only the e-scooter rider is hurt, collisions between e-scooters and pedestrians, collisions between e-scooters and cars, and pedestrians who trip over e-scooters.

Identifying who is responsible can be challenging in each situation. E-scooter sharing companies make riders agree to terms of use before they are allowed to rent an E-scooter.

Single-Scooter Accident

It is common for e-scooter accidents to be single-vehicle incidents caused by the rider losing control of the vehicle.

A rider's inexperience is often a factor in these crashes. One study commissioned by the Centers for Disease Control (CDC) found that 33% of riders were injured on their very first E-scooter ride.

In some cases, riders are not to blame for these accidents. It is possible for riders of e-scooters to crash if they are going fast, but hit a bump in the road or a patch of rough pavement that results in them losing control and falling.

Accidents Involving Pedestrians

Due to the distaste that many walkers have for E-scooters being driven on sidewalks, E-scooter accidents have attracted the most attention.

Because of how vulnerable pedestrians are, crashes between an E-scooter and a pedestrian may be severe. E-scooter riders are not always to blame for these accidents, however.

Accidents Between E-Scooters And Cars

Car accidents involving E-scooters are often the most severe, despite being relatively rare. The weight of the cars and the vulnerability of an E-scooter rider often mean that the rider will suffer serious injuries.

The “dooring” of an E-scooter by a car is a common occurrence. E-scooters are often required to be driven in bike lanes or on the far right side of the street in many cities. It is common for car drivers who have parked on the side of the street to forget to check their mirrors before opening the door. The driver may be held responsible for an accident if they open their car door suddenly and an E-scooter rider is just about to pass.

E-Scooters Tripping Pedestrians

Due to the fact that E-scooters are dockless and can be left anywhere, they have become so popular. The E-scooter rider frequently discards their E-scooter at their destination in a place where others can be inconvenienced or trip over them.

Pedestrians who trip and fall on an e-scooter may be entitled to compensation from a variety of sources, depending on the circumstances. These include the driver, the scooter company, if the vehicle was left there for a long period of time, the owner of the building, if the vehicle was left on private property, and the city, if it has assumed responsibility for removing discarded e-scooters.

User Agreements of Escooters

E-scooter sharing companies require riders to sign user agreements before they can rent an E-scooter, which plays a significant role in determining who is responsible for an E-scooter accident and who pays for the injuries it causes. A rider's user agreement is binding between the rider and the E-scooter sharing company, and goes to great lengths to waive the company's liability in case of a crash.

By using these agreements, e-scooter sharing companies disclaim responsibility for accidents and pin responsibility on riders. According to Lime's user agreement, riders must comply with all traffic laws, but does not specify how to do so, claim that they are "familiar with" and "reasonably competent and physically able" to operate an e-scooter before they can ride it for the first time, and require a thorough safety inspection before riding, disclaiming liability if the e-scooter is defective.

Moreover, E-scooter sharing companies write their rental contracts in a way that prevents riders from reading them before renting a scooter. The user agreement for Lime is 53 pages long, for example.

If any of these provisions are broken, however, the company can use this as an argument not to be held liable for injuries sustained in an E-scooter accident.

Compensation for E-scooter accident injuries

An E-scooter accident victim who has suffered one of these injuries deserves compensation for their: past and future medical expenses, lost income during the recovery process, reduced earning capacity in the future, pain and suffering, and loss of companionship to the victim's family.

Motorcycle Accidents

Broken bones, head injuries, and back injuries are common motorcycle accident injuries. Most victims are struck by cars, or are injured by unsafe road conditions, or are struck by stationary objects. These cases normally involve negligence or at-fault drivers, motorcycle manufacturers, property owners, and government entities (in premises liability cases).

Lawyers for personal injury victims can sue any one of the above parties in a motorcycle accident suit. Additionally, they can manage motorcycle injury victims' medical care and treatment, investigate cases to determine if another party was negligent, and file motorcycle accident claims with the insurance companies of the responsible parties.

Common Types of Accidents

California has a high rate of motorcycle accident injuries. Approximately 88,000 motorcycle riders are injured in crashes each year, according to the National Highway Traffic Safety Administration (NHTSA). Motorcycle fatalities are also estimated to be 4,668 per year as a result of motor vehicle accidents.

A motorcycle accident is often caused by negligent drivers or motorists, negligent motorcycle riders, intoxication, bikers colliding with stationary objects (for example, car doors), unsafe road conditions or road hazards (for example, unrepaired potholes), and defective motorcycles.

There are times when motorcycle accident victims can contribute to their own injuries. Injuries can occur when biking between slowed cars in a lane split, following too closely to motorists, or driving in the blind spots of motor vehicles.

Despite these circumstances, motorcycle riders still have the right to financial compensation. As a result of California's comparative negligence law, their compensation will be reduced.

Serious injuries can result from motorcycle collisions. Motorbike accidents commonly result in traumatic brain injuries (TBIs), brain injuries, spinal cord injuries, broken bones, road rash, and lacerations.

A motorcycle rider or another motorist can die as a result of catastrophic injuries.

Common Defendants

When someone is injured in a motorcycle accident in California, they can sue the following: negligent drivers or motorists, negligent bikers, motorcycle manufacturers (if the motorcycle is defective), property owners, and public agencies (usually if they create hazardous road conditions).

In a situation like this, someone is negligent if they fail to act as a reasonably careful person would.

A successful plaintiff who files a lawsuit or a personal injury claim will be entitled to compensation for all of the following: medical bills, medical expenses, lost wages, lost earning capacity, property damage, and pain and suffering.

In the event of a fatal accident, the victim's family members may be able to file a lawsuit for wrongful death against the party at fault. Damages can include (but are not limited to): burial and funeral expenses, amounts the deceased would have earned as income, and compensation for the loss of the deceased’s companionship and support.

Motorcycle Lawyer

Lawyers help injured victims receive immediate medical attention, and in cases involving severe injuries, they assist in managing their ongoing medical care.

Clients can also obtain evidence to establish another person's negligence with the help of an attorney. Even experts can be appointed to help interpret evidence or explain it to a judge or jury.

Motorcycle accident lawyers can also file a personal injury claim with an at-fault party's insurance company. After the claim is filed, the lawyer can negotiate with the applicable insurance adjuster.

A personal injury lawyer can finally file a lawsuit on behalf of a client.

The Benefits of a Lawyer

Lawyers assist injury victims in maximizing the compensation they receive. They understand the importance of these cases and can hold the parties liable for their fair share of responsibility. Attorneys can also uncover hidden value in a case in order to maximize a victim's payout.

Additionally, motorcycle attorneys handle the complexity of accident cases so that victims can focus on their recovery.

You can get a free case evaluation from most personal injury attorneys. People can get their legal questions answered for free by taking advantage of a free case evaluation.

Additionally, the attorney-client relationship protects communications between attorneys and their clients. Unless the client agrees, lawyers cannot disclose such communications.