Can You Sue if You’re Hurt in an ATV Accident in Roswell, Georgia?

People riding ATVs off-road

Most of the time, if you’re hurt in any sort of accident, our Roswell accident attorneys can help. We review the evidence and decide who was at fault. As long as it was the other party, you have a good chance of receiving damages. However, that isn’t always the case with ATV accidents.

Technically, You Can Sue if You’re Injured in Any Type of Motor Vehicle Accident

From a legal perspective, if you’re involved in an ATV accident, you can sue. If someone else crashed into your ATV, you can file a claim with their insurance carrier. If that doesn’t work, your Roswell accident lawyer can file suit against them.

The same is true if your ATV has a defect and it causes an accident. In this case, your Roswell accident attorney would pursue a claim against the manufacturer.

Things can get tricky, however, if you were operating the ATV illegally at the time of your accident.

Your Roswell Accident Lawyer Understands That Georgia Has Unique Rules About ATVs

For people who like to drive ATVs, the strict laws are nothing but a nuisance. However, the Georgia legislature has a duty to protect both you and other motorists. With the number of people driving their ATVs on public roads and highways, the legislature had to take a stand.

In the 2015-2016 session, the Georgia legislature passed House Bill No. 579. This bill provided each city and town in Georgia with the right to pass its own laws regarding the operation of ATVs. This means that the laws regarding ATVs can change from town to town.

It’s Illegal to Drive an ATV on Public Roads and Highways

Regardless of where you drive your ATV, it’s illegal to do so on a public road or highway. If you happen to be doing this at the time of your crash, it can impact your lawsuit.

If you find yourself in this scenario, there’s a good chance the defendant will claim that you were partially at fault. Of course, your Roswell accident lawyer will do what they can to challenge this claim. However, if you were truly in violation of the law, they may be successful with this argument.

The good news is that, in Georgia, even if you are partially at fault, you can still sue for damages.

You Cannot Operate an ATV on Private Property Without Express Written Permission

One other law regarding the operation of ATVs in Georgia has to do with private property. You are not allowed to drive your ATV or ride on an ATV on private property. You must have express, written permission to do so.

If you are on private property when you get into your ATV accident, it will impact your case. The person who owns the property may want to press charges. The defendant in your case will point to your violation and say you shouldn’t be able to collect damages.

An ATV flipped on its side, ATV accident in Georgia

Most ATV Are Not Intended to Be Driven By Anyone Under the Age of 16

Regardless of where you’re operating your ATV, you aren’t supposed to let anyone under the age of 16 on an ATV. If you have a young person on your ATV when you crash, you will have a hard time pursuing the manufacturer of the ATV.

What will happen is the manufacturer will argue that there is a reason they warn people not to let people under 16 on the ATV. By ignoring this clear warning, you may forgo your right to damages.

Why Do So Many People Get Into ATV Accidents?

You may wonder why a Roswell accident attorney would tell you that your ATV accident case can be compromised. The reason for this is that it’s important that your attorney be honest with you. It wouldn’t be fair to let a client get their hopes up unfairly.

It also has a lot to do with the reasons why so many people get hurt in ATV accidents. In more than half the cases our Roswell accident lawyers have handled, the driver and rider of an ATV seem to be partially at fault.

Many ATV Drivers Are Under the Influence of Drugs and Alcohol

Many of our clients happened to be under the influence of drugs and alcohol at the time of their crash. It may not be enough for them to be considered intoxicated. However, it doesn’t matter much as far as your personal injury claim is concerned.

Most People Who Drive ATV Have Not Been Properly Trained

Another issue we have found with ATV accident victims is that they usually aren’t properly trained. When it comes to driving an ATV, there are special things you need to learn.

For example, when you’re riding an ATV, you will likely encounter rough terrain. After all, many clients tell us that the rougher the terrain, the more fun the ride. Many ATV drivers are not trained on how to navigate their ATVs in these situations.

Some Drivers Carry Too Many Passengers

In addition to drugs and alcohol, another common theme with ATV accidents is that the drivers had too many passengers on the ATV. Depending on the weight limitations on your ATV, you can only have a certain number of people riding on it.

If you eclipse the weight limit for an ATV, there is a very good chance you’ll be in an accident. You may flip over. Or you could get stuck in a gulch or mud puddle.

You Should Contact One of Our Experienced Roswell Accident Attorneys

Our Roswell accident lawyers hear a lot of stories on the news regarding the illegal operation of ATVs. This seems to be a bigger issue here in Georgia than in most other states.

The fact that there are so many strict laws about ATVs can make it difficult to sue if you’re hurt in an ATV accident. Thankfully, our Georgia accident attorneys have years of experience handling these types of cases.

We recommend that you contact our office so you can schedule your free, initial consultation. We think it’s important for ATV accident victims to meet with an attorney to find out what their rights are.

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