The roller coaster experience one gets from riding in an all-terrain vehicle is something to look forward to. In California, traveling in an ATV is a great way to enjoy the beautiful view of the city. However, with all the fun that comes with that experience, there is also the possibility of an accident.
While ATV accidents are not incidents that anyone prays for or anticipates, they have been on the rise recently. Several factors have been responsible for these accidents, and many victims have suffered various injuries and, in some instances, death.
Hiring an expert, such as attorney Walter Clark, is vital if you or your loved one has suffered an ATV accident in California. These professionals help you with the ins and outs of the legal realm, ensuring you get the compensation you deserve.
This blog explores when and who you can sue to claim damages in an ATV accident.
How Can You Know Who Is Liable in an ATV Accident?
Determining liability in an ATV accident can be a bit tricky because no one wants to claim responsibility for it to avoid the cost of compensation. As a victim, you must assess the ATV riderâs actions and the responsibility of the service provider in determining liability.
First, a rider owes passengers a duty of care, which requires them to always drive as carefully as possible. They are also required to be licensed to drive such vehicles before getting in. Where the rider is deemed to have driven carelessly or does not have the license to drive the ATV at the time, they can be liable for whatever accidents occur.
Also, the service providers are expected to keep the ATV in the best condition at all times. This includes regular maintenance and ensuring the ATVs are fit for use at all times. Where an accident is caused by the inability to properly maintain the ATV, that is negligence, and the party responsible can be liable for the accident.
In addition, before negligence can be established either by the driver or other service providers responsible for the effective running of the ATVs, there must be a duty of care. Such duty of care after being established must also be shown to have been breached, which directly results in the accident.
What Does the Statute of Limitations Say About ATV Accidents in California?
In law, the statute of limitations spells out the time in which an action must be brought for it to be heard. When such time is set, and the case is not brought within that timeline, the case could be voided. As a victim of an ATV accident seeking compensation for damages suffered from the accident, you need to act fast.
You do not have forever to take action for injuries suffered; you have two years to do so. Any action brought two years after the incident becomes statute-barred. You should also know that instituting an action early enough means that you can collect the necessary evidence for your case.
Provided you have all the evidence needed to establish your case, there is no better time to commence action than right after the accident. The only thing that is more important than instituting an action quickly is getting adequate medical care for injuries suffered.
Who Can You Sue to Get Compensation?
After an accident, it is possible that you know there is a duty of care and a breach of it but do not know who to sue. Deciding who to hold responsible is always based on the nature of the case. It can be the ATV driver, other drivers who may have been responsible for the accident, or ATV manufacturers for product liability.
End Note
Knowing when and whom to sue in an ATV accident is extremely important for a claims process. However, ATV accidents and trying to claim compensation for injuries suffered in California can appear complex. You do not have to do it alone, as you can enlist the services of an ATV accident attorney to guide you through the process. That way, you can save money and time while getting the required medical assistance needed to get you back on your feet.
