ATVs can go off-road where other vehicles cannot, which comes in handy in Brownsville for both work and play. All-terrain vehicles make scrublands and arroyos accessible. They offer hours of fun if you want to mud around in the marshes along Highway 48. They make it easy for ranchers, rangers, and sportsmen to cover long distances over rough ground.
Riding ATVs comes with risks, however. Accidents happen, and when they do, riders can suffer serious, even fatal, injuries through no fault of their own.
If you or a loved one got badly hurt in a Brownsville ATV accident, you may have the right to receive financial compensation. Attorney Kenny Perez and his team at Kenny Perez Law can help you explore your rights and, potentially, secure you the money you deserve. Contact our Brownsville ATV accident lawyers today for a free consultation to learn more.
Texas Has the Highest Rate of ATV Accidents and Deaths Nationwide
Texas by far has the highest number of ATV deaths in the nation, according to the Consumer Product Safety Commission (CPSC). Hundreds of ATV riders have died in Texas since the CPSC began tracking ATV-related fatalities in the 1980s.
Nationally, ATV accidents lead to more than 100,000 emergency room visits every year. 15 percent of those ER visits result in hospitalization. Alarmingly, riders under 16 years of age account for over a quarter of all ATV accidents, and 16 percent of ATV-related fatalities. Half of those fatalities involve children under age 12.
Common types of ATV accidents in Brownsville
At Kenny Perez Law, we have the skill and resources to help victims of any type of ATV crash, including:
- Rollover accidents: All-terrain vehicles are designed to travel over rough terrain, but that does not mean they can go anywhere. Riders who take ATVs on steep inclines or uneven, sloping tracks can roll their vehicles and get pinned underneath, causing serious injuries.
- Obstacle collisions: Like any vehicle, ATVs can crash into a fixed object (like a tree or boulder) and throw their riders. Riders also run the risk of getting “clotheslined” by tree limbs and similar obstacles.
- Equipment malfunctions/breakdowns: ATVs take a beating. A mechanical breakdown due to improper maintenance or a defect can threaten rider safety and lead to a dangerous wreck.
- On-road accidents: ATVs sometimes ride on road shoulders or cross public roads. Accidents can happen when motor vehicles collide with ATVs due to motorist inattention or recklessness.
This is just a sampling of the types of ATV accidents that can happen in Brownsville. No matter what the specific circumstances of the wreck that harms a rider, however, Kenny Perez and his team have what it takes to hold the at-fault parties financially accountable.
Injuries Resulting From ATV accidents
According to the CPSC, the most common injuries in ATV-related accidents are fractures and contusions, most often involving the arms, head and neck, legs, and torso. Many of these injuries are severe, requiring hospitalization, surgeries, and months of rehabilitation. Some even result in a rider’s tragic death.
ATV accidents often cause traumatic brain injuries (TBIs) and spinal cord injuries (SCIs). These injuries, in particular, can take a heavy physical, emotional, and financial toll on victims and their loved ones. TBIs cause lifelong cognitive impairments, for example, that limit a victim’s ability to work or go to school. SCIs frequently result in paralysis, which changes a victim’s life permanently, causes long-term health complications, and can inflict millions of dollars in expense.
Who should be held responsible for your Brownsville ATV accident?
In Texas, anyone whose careless, reckless, or intentional actions cause harm to someone else can face legal liability for that victim’s damages.
Every Brownsville ATV accident has unique facts, but the parties liable for a victim’s injuries and losses could include:
- The driver of an ATV who makes poor or dangerous decisions that lead to an accident that injuries a passenger or another rider.
- An ATV tour guide and tour company that fails to train and supervise its staff, or fails to maintain rental ATVs in a safe condition, leading to a dangerous wreck.
- ATV manufacturers that produce and sell defective equipment that malfunctions and causes a crash.
These are just a few examples of who might owe damages for an ATV accident in Brownsville. At Kenny Perez Law, we have the skill and resources to investigate an ATV wreck and to determine who should face legal and financial accountability for it.
What damages can you get for ATV accident injuries?
If someone else’s wrongful actions caused an ATV accident that injured you, then that party should pay you compensation.
The specific amounts and types of compensation you might receive can vary widely from case to case, but they frequently include payment for:
- Medical expenses
- Other out-of-pocket associated with adapting to and living with an injury
- Lost wages from missing work while healing
- Lost future income if you can’t return to work
- Pain, suffering, harm to personal relationships, and reduced quality of life
In some cases, a Brownsville court may also award an ATV accident victim punitive damages, as a way of punishing someone’s extreme or intentionally harmful conduct that led to a crash. The Kenny Perez Law team has the experience and know-how to obtain top-dollar compensation for our clients after they suffer any type of ATV accident injury.
Brownsville ATV accident FAQ
Texans commonly use ATVs as both a fun pastime enjoyed by families and friends and a convenient transportation option for ranchers and farmers. Unfortunately, ATV rides can sometimes end in injuries and tragedy. If another person caused an ATV accident and injured you or a loved one, you may seek compensation under Texas personal injury laws.
What Kinds of Vehicles Are Considered ATVs in Texas?
In Texas, the Department of Motor Vehicles has definitions for various recreation vehicles. All-Terrain Vehicles (ATVs) and Utility Vehicles (UVs) are some of the most commonly used recreational motor vehicles in the state. You can only use them on private lands. The law strictly prohibits riding them on public roads and highways. There are some exceptions to this rule for farmers, law enforcement officers, and utility workers.
Texas laws define an ATV as a vehicle that:
- Allows for a driver and up to one passenger;
- Has three or more tires;
- Is no more than 50 inches wide;
- Is not designed for highway use; and
- Is not designed for lawn or farmland maintenance or care.
Texas defines a UTV as a vehicle that:
- Can seat a driver as well as one passenger in a side-by-side configuration;
- Has at least four tires;
- Is not designed for highway use; and
- Is designed for utility purposes and not recreation.
How Do Most ATV Accidents Happen?
ATVs have a bad reputation for safety mostly because when accidents happen, they tend to be severe. ATV accidents happen for many reasons, but the root cause is often someone’s mistake, be it the ATV driver, a passenger, another driver, or some other third party.
While reckless driving and dangerous maneuvers exponentially increase the risk of accidents and injuries on an ATV, other situations can injure an ATV rider. In addition to the riders themselves, innocent bystanders or passengers on an ATV can also suffer injuries in an ATV accident.
Common causes of ATV accidents in Brownsville include:
- Reckless driving;
- Hazards on a property where a driver is using an ATV;
- Inexperienced drivers;
- Lack of safety equipment; and
- Defective ATV parts or mechanisms.
What Are the Most Common Injuries People Suffer in ATV Accidents?
Unfortunately, many ATV crashes result in serious injuries or death. Texas is one of the most dangerous states for ATV-related fatalities with more than 800 fatalities reported in the state since 1982.
ATV riders are often thrown from the vehicle if another ATV or vehicle strikes them, if the ATV rolls over, or even if they hit unexpected rough terrain.
Common injuries in ATV accidents include:
- Traumatic brain injuries;
- Road rash;
- Spinal cord injuries;
- Severe Lacerations; and
- Broken bones.
Who Might Be Liable for Damages After an ATV Accident in Brownsville?
If an ATV accident injured you or a loved one, you may seek compensation for your accident-related damages. It all comes down to who was at fault, which means figuring out if anyone acted negligently and was therefore responsible for causing the accident. Many circumstances can give rise to an ATV crash and the party who is legally responsible for your injuries may not always be who you would expect.
Some of the potentially responsible parties in an ATV accident include:
- Another ATV driver – If another ATV driver encroached on your right of way, drove recklessly, or sped and struck you, you may file a claim against them.
- A motor vehicle driver – Although ATVs are only allowed on public roads in Texas in limited circumstances, if you followed the law and another motorist struck you, you may file a claim against them for compensation for your injuries.
- The ATV owner – ATV owners, whether they are a company or a private individual, must ensure that a rider can operate the machine, is properly supervised if they are a minor, and wears the required safety equipment such as a helmet.
- The property owner – Landowners who allow ATVs on their property have a duty to alert riders about any potential dangers or hazards present on the premises. If unexpected conditions or terrain on private property injured you, you could file a claim against the landowner.
- The ATV manufacturer – If there is an inherent defect in the manufacturing or design of the ATV that leads to an accident you may seek compensation against the manufacturer for the consequences of their defective product.
What Compensation Could You Recover in an ATV Claim?
Your injuries after an ATV accident may require extensive medical care and recovery that can prevent you from working, and may even have a long-term impact on your ability to function and enjoy your everyday life. Compensation for an ATV accident claim can take into account not only your financial losses but also the physical and emotional injuries you have suffered because of another party’s negligence.
Each case is different, but a successful ATV accident claim can often include compensation for:
- Medical costs;
- Lost wages;
- Future medical expenses and income losses;
- Pain and suffering; and/or
- Wrongful death.
Should You Contact a Brownsville Lawyer if an ATV Accident Injured You?
Yes—you should contact our ATV accident lawyers as soon as possible if an ATV accident injured you. We can review your case and provide information about the legal options and your potential compensation.
An Experienced ATV Accident Law Firm in Brownsville
ATV accidents in Brownsville often take a heavy toll on victims and their families. They cause pain, discomfort, inconvenience, and often enormous expenses. No one who suffers ATV accident injuries because of someone else’s wrongful conduct should have to bear those burdens on their own.
Attorney Kenny Perez and his team of skilled legal professionals fight every day to make sure victims of personal injuries in Brownsville receive the compensation they deserve. If you or a loved one suffered harm in an ATV accident in the Brownsville area, contact us online or call (956) 544-9292 for a free consultation with a member of our team to learn about your rights.
Kenny Perez Law
847 E. Elizabeth Street
Brownsville, Texas 78520
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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