ATVs, or all-terrain-vehicles, are ridden by children and adults throughout the state of Florida. When an accident happens on an ATV, it can be a challenge for the injured person to determine who was at fault in the accident.
ATV accidents can be every bit as serious as a car accident. ATVs can travel at high rates of speed, and the riders can be thrown from their vehicles or injured in rollover accidents, causing severe injuries. Even with the proper protective gear, ATV riders can suffer serious and permanent injuries.
Are Your Injuries Covered?
When you’re in an ATV accident, you generally want to determine if your injuries are covered by any insurance policy. Unlike cars, however, ATVs are not usually covered by a vehicular insurance policy that will compensate victims of accidents. Instead, the victim will need to determine if there is some other type of insurance policy.
If the accident was caused by a defective condition in the land, the victim may be able to seek compensation from the property owners’ insurance. Defective conditions in the land could include something that causes the vehicles to crash. If the accident was the result of the property that the riders were operating on, then the property owners’ insurance may apply.
However, if the accident was merely caused by driver error, the victim will have to try to determine whether the negligent ATV operator was covered by some type of insurance policy. They may be covered by a homeowner’s insurance policy that will be available to the victim if the accident met conditions delineated in the policy. In the alternative, the owner of the ATV could also be liable. If the owner of the ATV should not have allowed the rider to use the ATV because they were a minor or were otherwise incapable of operating the vehicle, then the owner of the ATV could also be liable.
Lastly, the victim could seek damages by suing the responsible party personally. However, it is extremely difficult to get adequate damages from a private individual who is not covered by an insurance policy.
If you were hurt in an ATV accident, please call our firm today. Determining who was at fault and whether there is an applicable insurance policy can be extremely difficult, but the attorneys at our firm are experienced in handling these matters. We can help you file your claim in a timely manner and make sure we have exhausted all avenues for locating an applicable insurance policy. If you have any questions about ATV accident law, please call today at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at [email protected]