Arizona ATV Injury Lawyer
Arizona ATV Lawyer
If you suffered an injury in an ATV accident, it is important to know that you are not alone. Although your accident may not have occurred on a city highway or road, it doesn’t make your injuries any less traumatic. If someone else’s negligence caused your accident, you have a right to seek compensation.
At Ciccarelli Law Offices, we have the experience and resources you need to tackle ATV accident cases in the state of Arizona. We know the best ways to protect your rights and help you obtain the compensation you deserve.
Call our law office today for a FREE consultation and review. You deserve to learn more about your legal options!
Arizona ATV Accident Overview
According to motoshark.com, the annual total number of accidents resulting from ATV use went from about 10,000 in the 80s to 15,000 in the year 2017. Of course, this increase could be a result of the more widespread use of ATVs. ATV accidents are most likely to occur among individuals below the age of 16, and among men between the ages of 18 and 30. Children under the age of 16 may not have the experience or training necessary to know how to react to an emergency and may also be somewhat careless, while young men are likely just being active and adventurous.
ATV fatalities are most likely to be the drivers of the ATVs rather than the passengers. Even though helmets definitely save lives on motorcycles, ATVs, and bicycles, 19 states have no laws requiring ATV riders to wear helmets and 22 states have no minimum age requirement for ATV drivers. In 2011, there were more than 107,500 visits to ERs by those involved in ATV accidents, and there is every reason to believe that number has increased over the past decade.
Even though ATVs are not designed to be driven on highways, many ATV accidents occur on highways. If you have been seriously injured in an ATV accident caused by a negligent or careless driver, it could be extremely beneficial for you to contact Ciccarelli Law Offices to ensure you receive compensation for the medical care you require, as well as for other damages.
Why Choose the Arizona ATV Accident Lawyers from Ciccarelli Law Offices?
If you find yourself injured, perhaps even unable to work following an ATV accident that was due to another’s negligence, you do not have to face an uncertain future alone. Having an experienced Arizona ATV lawyer from Ciccarelli Law Offices working hard to ensure you are properly compensated for your ATV accident can make a significant difference in the outcome. Perhaps you have never needed an attorney before your ATV accident and are uncertain how to choose the right one for you.
You want an attorney who is not afraid to go to bat for you, who has significant experience dealing with ATV accident claims, and who has compassion for your current situation. While there are many attorneys to choose from, we at Ciccarelli Law Offices would like you to give us a chance to speak with you regarding obtaining a fair settlement. We fight for our clients, offering a free initial consultation and accepting personal injury claims like those for ATV accidents on a contingency fee basis. In other words, you pay nothing unless we secure a settlement on your behalf. Attorney Lee Ciccarelli has been recognized as:
- Super Lawyer
- Top 100 Trial Lawyer by the National Trial Lawyers Association
- Having the highest rating (10.0) by AVVO
- One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates.
We also have hundreds of five-star reviews from satisfied clients. If you want a lawyer who truly cares about your future, contact Ciccarelli Law Offices today.
What Compensation is Available Following an Arizona ATV Accident?
Your medical expenses are reimbursable following your ATV accident, as well as lost wages. These two categories are known as “special” damages because they have a specific monetary figure attached to them.
Medical expenses can include the cost of prescription drugs, surgeries, ERs, hospitals, physicians, rehabilitative therapies, and ambulance services. You are entitled to medical expenses from the time of the accident, as well as future medical expenses if your injuries are expected to require medical interventions for a significant time.
If you were unable to return to work following your ATV accident, you are entitled to lost wages. If you will be unable to return to work for the foreseeable future, you may also be entitled to future lost wages.
Pain and suffering damages fall under “general” damages and are more difficult to place a specific monetary figure on. Pain and suffering can include actual physical pain as well as mental and emotional pain and trauma resulting from the accident. Pain and suffering damages are often calculated by taking the total of your special damages, then multiplying that number by a multiplier from 1.5 to 5, depending on the severity of your injuries and how long it will take until you are able to return to work and your normal life.
ATV Accidents in Arizona Fall Under Comparative Negligence
Different states have different statutes governing how they deal with injury claims. The state of Arizona operates under what is known as comparative negligence. This means that even if you were partially responsible for the accident you can still recover damages from the other party. Some states will not allow you to recover damages if you were even one percent at fault, but Arizona is not like this.
If, for example, the negligent ATV driver that hit you was largely responsible, but it is determined that you were 5 percent responsible for the accident. This means that if your settlement was $50,000, that number would be reduced by 5 percent, meaning you would only receive $47,500 for your injuries and other damages.
Unfortunately, not everyone carries insurance that covers ATV accidents. The state of Arizona requires that you have liability insurance if you intend to use the ATV on a public road, however, if the ATV is operated off-road exclusively, no insurance is required. Most homeowner’s insurance policies do not cover ATV accidents, leaving your own health insurance to pay for your injuries. You can then discuss your situation with an experienced ATV attorney from Ciccarelli Law Offices to determine whether you can recover your expenses and other damages from the at-fault driver.
What Are the Most Common Injuries Associated with ATV Accidents?
Unfortunately, a large percentage of ATV injuries include spinal cord and brain injuries. In fact, driving ATVs has been placed in the same category as diving and playing football for the likelihood of causing a traumatic brain injury in those who are 17 and younger. Almost a third of all ATV-related injuries occur to the rider’s arms, including cuts and scrapes, sprains and strains, and fractures. Like motorcycle accidents, ATV accidents can cause road rash that results in serious infection.
Those who sustain a traumatic brain injury in an ATV accident could be looking at months, years, or a lifetime of medical interventions. A traumatic brain injury can cause cognitive deficits, making it difficult or impossible for the victim of a TBI to engage in tasks and activities that were easy before the accident. A person with a spinal cord injury or a TBI may be unable to ever return to work and may require caregivers and assistive devices for daily life.
What Are the Most Common Causes of ATV Accidents?
The primary causes of ATV accidents include the following:
- Inexperienced operators—many children ride ATVs and may not have the experience or skills necessary to avoid hazards or to avoid hitting another ATV rider.
- Driving an ATV on a paved surface—ATVs are designed for off-road use and are generally not stable on a paved surface.
- Riding double on an ATV designed for only one rider—children, in particular, are likely to double up on ATVs, leading to serious accidents.
- No adult supervision for children—Children should always be supervised when riding an ATV. In particular, when several children are riding together with no adult supervision, they may tend to dare one another to try dangerous stunts or may be less likely to ride safely.
- Operating the ATV in unfamiliar areas is dangerous for adults and children alike. Unfamiliarity with the area can lead to riding over dangerous terrain unintentionally.
- Attempting to perform dangerous maneuvers or stunts
- Failure to observe the rules of the road for ATVs
- Excessive speed
What Should You Do Immediately After an ATV Accident?
If you have been involved in an ATV accident your first priority should be getting medical attention for your injuries. You may think you are “fine,” then later find out your injuries are more serious than you thought. This is common since the adrenaline rush you receive during the accident can mask injury symptoms. Always seek medical attention if there is even the slightest possibility your injuries are anything more than minor scratches or scrapes. If you are able, following the accident, be sure to obtain contact information from the at-fault ATV driver, as well as witnesses if there were any.
When you are home, take the time to write down every detail you can remember regarding the accident. Keep a file folder with all medical receipts and contact an experienced ATV accident attorney from Ciccarelli Law Offices. ATV accidents can be particularly complex due to the lack of insurance covering ATVs on the part of most people. If you received serious injuries following an ATV accident, it is important that you have a knowledgeable legal professional in your corner who can help you get a fair settlement.
Call Our Arizona ATV Accident Lawyers Today
If you suffered an injury in an ATV accident in Phoenix, Chandler, Tempe, or anywhere in the state of Arizona, you might not know where to turn for help. That’s where our law firm can help. We offer FREE consultations, so you can focus on your recovery and on putting your life back together again after a serious ATV accident.
At Ciccarelli Law Offices, our Arizona ATV accident lawyers have the experience and resources you need to investigate, litigate, and win complex ATV accident cases. Let Attorneys Lee Ciccarelli and his team help you through this difficult time in your life. Call us today to begin fighting for justice after a serious ATV accident.