ATV Accidents and Liability: ATV or Property Owner?

All-terrain vehicles—also called ATVs, three-wheelers, four-wheelers and off-road vehicles—are popular in North Carolina. When it comes to NC ATV accidents, injury claims are handled different from a car accident. Car accidents often show a violation of traffic laws, negligent maintenance of the vehicle or the road, or defective manufacturing.

 

Car accident victims file a claim through the at-fault driver’s insurance policy, and can seek the balance through their own if the at-fault driver was underinsured. Similarly, an ATV driver may carelessly crash into another ATV driver. In a situation like this, an injury claim may be filed against the negligent driver. For other ATV accident victims, the claims process takes another direction. For ATV accidents that take place off-road, injured victims need to provide evidence showing who is at fault for the ATV crash:

 

  • Many ATV models have a history of rollovers and defects, in which case the victim could pursue the manufacturer.
  • Some accidents may be caused by poor care of the property being driven on. If the property owner gave permission for you to ride your ATV on their land and an accident occurred because of their negligent property care, you could file an injury claim through their property insurance policy.

ATV injury claims help accident victims recover costs for expenses such as:

  • Lost wages due to missing work while recovering from injuries.
  • Ongoing physical therapy while healing from broken bones or spinal injuries.
  • Hospitalization for healthcare associated with accident injuries.
  • Repair and replacement costs for damage sustained by your ATV.
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