ATV Accident Lawyer in Arizona

Legal Route to Compensation

If you were injured in an ATV accident because of another person’s actions, an accident lawyer in Arizona can help you seek compensation. The most common claim made in personal injury cases arising from ATV accidents is negligence. Successfully bringing a negligence claim requires proving four elements; they are as follows:

1. Duty of Care: The defendant owed the plaintiff a duty to use reasonable care.

2. Breach: The defendant breached their duty to use reasonable care.

3. Causation: The breach of duty proximately caused the accident.

4. Harm: The accident harmed the plaintiff.

If all of these elements are successfully shown, you are entitled to compensation.

Negligence is a very flexible type of legal claim; for example, negligence may be shown by proving that the driver of the ATV was intoxicated, that the owner of the premises did not keep their property safe, or that rented equipment was not properly maintained. There are innumerable fact patterns leading to accidents and injury. An injury attorney can help evaluate the facts and law impacting your case.

Notably, the law in Arizona also takes into account “comparative negligence;” specifically, the law provides that “the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any.” For example, if a jury finds that the total harm caused to the plaintiff amounts to $100,000 in damages but also that the plaintiff’s intoxication contributed 40% to the causation of the accident, then the plaintiff’s award is reduced to $60,000. In theory, a plaintiff who contributed 99% to an accident is still entitled to recover 1% in damages.

Your damages may be either “economic” or “non-economic;” economic damages refer to those that can be reduced to monetary value (e.g., medical bills, pharmacy bills, loss of income, and lost earning capacity). Non-economic damages refer to more intangible harms that cannot be reduced to a monetary value (e.g., pain and suffering, emotional distress, and loss of a loved one). Our experienced can evaluate both your economic and non-economic damages.

Read more: Arizona Revised Statutes § 12-2505, Establishing Comparative Fault

Statute of Limitations

One very important element in any personal injury case is the governing statute of limitations; this refers to the law establishing a deadline for bringing your case—once the statute of limitations “runs” out, your case is time barred and may no longer be brought. Each state has established its own statute of limitations for different kinds of claims. In Arizona, the statute of limitations for personal injury or wrongful death is two years after the date of the accident. Be sure to speak with an Arizona ATV accident lawyer well before the deadline passes.

What to Do If You Were Involved in an ATV Accident

Whether their ATV accident and injures are minor or catastrophic, injured parties are often uncertain how to proceed. However, the steps you should take after being injured in an ATV accident are similar to those you should take following any accident.

1. Seek Medical Attention

Of course, your wellbeing is the highest priority; therefore, after any accident, you should seek medical attention. Accident victims often fail to seek medical attention early on because they do not believe their injuries are severe enough; however, even minor injuries are compensable, and the full impact of many injuries does not become apparent until well after the accident took place. For example, a common injury in vehicle accidents is “whiplash,” an injury to the neck caused when the head is jerked violently due to an impact; the full impact of whiplash is often not felt until hours or maybe even days after the accident occurred.

Early medical attention is also very important because the medical records created by your provider will serve as key evidence in your case; the earlier on you seek attention, the more accurate and complete the records are likely to be. When consulting with your medical providers, be sure to express the nature of your pain and discomfort as completely as possible. Acknowledgement of your injuries—no matter how small—by a medical professional in official records is an especially authoritative form of evidence.

2. Report the Accident

Be sure to report your accident to the appropriate authorities; for example, if the accident occurred on a road, make a report to the police. If it occurred on park land, make a report to the park rangers’ office. A report of the accident detailing the date, time, people involved, etc., will serve as further evidence for your case.

3. Exchange Information

Before leaving the scene of the accident, exchange relevant information with all people involved; record names, addresses, phone numbers, emails, insurance information, etc. Also, if there were any witnesses to the accident, gather their contact information as well. Eyewitnesses often provide key evidence that is otherwise inaccessible; for example, a witness may be able to testify that they previously saw a defendant drinking alcohol before mounting their ATV.

4. Document the Scene

Also, before leaving the scene of the accident, document the surroundings; notes, audio, and videos documenting the scene on or around the time of the accident can ensure that key evidence is not lost. For example, if the weather conditions played a key factor in the accident—e.g., because the driver was operating their ATV unsafely in light of a heavy rain—evidence of the weather can go a long way in proving your negligence claim. In particular, be sure to document the vehicles involved and your injuries at the time they were sustained.

5. Hire an Attorney

Ultimately, your ATV accident lawyer will be your closest ally in your journey toward compensation. The success of a personal injury claim is often a question of timing, and hiring an experienced accident lawyer early on can be very helpful to your case; the earlier you speak to an attorney, the more time they have to evaluate your facts, help you gather evidence, and create a legal strategy to secure compensation. Also, early case evaluation will ensure that key evidence and witness testimony can be gathered before it disappears or memories fade.

In particular, you should be very careful when speaking to the opposing party or their insurance providers before speaking to an accident lawyer. Remember, anything you say to an insurance adjuster can be used against you in litigation. Therefore, do not admit fault before speaking to an attorney.   

Read more: How to Negotiate With an Insurance Company

LET US HELP YOU RECOVER COMPENSATION

ATV accidents are often as serious as road accidents involving full-sized vehicles. At Zinda Law Group, our accident lawyers are committed to ensuring that victims of all accidents have access to excellent legal representation; we are here to help you secure maximum compensation for your injuries. Our client’s pay nothing unless we win their case; that is our No Win, No Fee Guarantee.

If you or a loved one has been involved in an ATV accident in Arizona, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an ATV accident lawyer near you.

Meetings with attorneys are available by appointment only.