All-Terrain Vehicles, also known as ATVs, are commonly used for both work and pleasure. While ATVs are easy to operate, drivers can underestimate the potential for crashes. ATV accidents are increasingly common and can result in serious injuries. If you suffered harm in an ATV accident, you should consult a New Hampshire car accident lawyer to discuss whether you may be able to pursue damages. At Peter Thompson and Associates, our skilled car accident attorneys have been helping injured parties seek damages following ATV accidents for more than 60 years collectively. Our attorneys can identify any hurdles to your recovery and work diligently to help you seek compensation from anyone responsible for your harm.New Hampshire Law Regarding ATVs
The New Hampshire law regarding the use of ATVs specifically states that the use of an ATV may be hazardous. ATV users are required to complete a training program or have a valid license in order to operate an ATV. The law also provides that any operator under the age of 18 must wear a helmet and eye protection, and any passenger under the age of 18 must wear a helmet. The law also sets forth specific speeds for various types of trails, and it imposes a duty on all drivers not to operate an ATV in a manner that creates a danger for any person or property.Negligence
ATV accidents are often caused by the negligence of the ATV driver or owner or another driver. To show that another person’s negligence caused your harm, you must show that the person owed you a duty of care, there was a breach of the duty, the breach caused the accident to occur, and harm was caused by the accident. To show that negligence caused an accident, you must prove that the accident would not have happened without the breach, and the breach was a substantial factor that contributed to the accident. A common defense set forth in ATV accident cases is that the injured party’s own negligence caused the accident, and therefore, the injured party should not be able to recover damages. New Hampshire has adopted a modified doctrine of comparative negligence. If your fault does not exceed the fault of the negligent party, you may still recover damages. Any damages awarded, however, will be reduced in proportion to the injured party’s fault.Product Liability Claims Based on ATV Accidents
In some cases, ATV accidents are caused by a defect in the product, and the manufacturer or distributor of the product can be held liable for any harm caused by the ATV accident. A lawsuit alleging that a product, such as an ATV, caused harm due to a defect is known as a product liability action. Product liability actions can proceed under several different theories, including negligence, strict liability, or a breach of warranty or the duty to warn. In cases alleging strict liability, the injured party must show that the ATV was defective and that the defect caused the accident. Strict liability cases typically require the injured party to engage one or more experts to support their claim. A skilled New Hampshire attorney can assist you in identifying the appropriate theory of liability to pursue damages following your ATV accident.Damages Recoverable After an ATV Accident
ATV accidents can result in serious and sometimes life-threatening injuries. If you were injured in an ATV accident, you can seek compensation for the cost of any treatment for your injuries, including physical and occupational therapy, prescriptions, and adaptive devices. You can also pursue damages for any medical care that you may need in the future. If you could not work due to your injuries, you can seek damages for loss of earnings. In addition to compensation to recoup costs incurred due to an ATV accident, you may be able to recover compensation for any pain and suffering caused by the accident. If you wish to seek damages following an accident, it is important to consult an experienced attorney in a timely manner, since any lawsuit to recover damages must be filed within three years of the date of the accident.Discuss Your Options with a Knowledgeable Car Accident Lawyer
Accidents involving ATVs can lead to significant injuries. If you were involved in an accident involving an ATV, you should meet with a car accident attorney as soon as possible to discuss your options for establishing liability for the accident. The attorneys of Peter Thompson and Associates can aggressively pursue any damages that you may be owed. Our knowledge and experience in litigating New Hampshire car accident cases has afforded us a history of successful verdicts. We have offices in Bedford, Nashua, Portsmouth, and Manchester, New Hampshire, and we assist injured parties throughout the state. Contact us at 800.804.2004 or through the online form to schedule a free consultation.