Honolulu ATV Accident Attorney
All-terrain vehicles are a fun way to explore the beauty of Hawaii’s big island. However, like all recreational vehicles, they have the risk of accidents and severe injuries. When someone else is at fault, they are also civilly liable for the resulting damages. An ATV accident attorney at Recovery Law Center in Honolulu can help you build a solid case for financial compensation and start restoring what you lost. Contact our experienced personal injury attorneys today.
Common Causes of ATV Accidents
ATVs are the most commonly used off-road vehicles, and the typical accident results from user error. For example, rollover accidents and collisions with other ATVs, motor vehicles and stationary objects are usually the result of inexperience or careless driving. Identifying the accident’s cause is critical in determining who is responsible for the crash and resulting damages.
Liability in an Off-Road Vehicle Accident
The most common party sued for an off-road vehicle crash is the driver. Speeding, driving under the influence and performing stunts are typical actions that can lead to injured passengers and bystanders. However, the at-fault party generally refers to whomever’s actions caused the accident. Some other potentially liable parties our ATV accident attorneys look for include:
- Passengers: If a passenger’s unsafe actions result in causing the driver to crash, the passenger would be liable for the driver’s damages and the losses of anyone else injured in the accident.
- Another driver: If another driver hit you while you drove lawfully, they would likely be liable.
- ATV rental company: If you rented a poorly maintained ATV, causing it to malfunction, you could sue the rental company. Additionally, rental agencies are legally responsible for vetting renters and would be liable if someone not legally allowed to operate an ATV caused an accident.
- ATV manufacturers: Companies that produce and distribute ATVs are responsible for ensuring their vehicles are safe for consumer use. Selling an ATV with a design or assembly defect or failing to provide sufficient information about the vehicle could render the manufacturer liable.
- Property owners: If you have an accident on someone’s private property and were lawfully present, the property owner could be liable for not warning you about a dangerous condition.
Cases can become more complex when more than one party is at fault. Sometimes you may even have multiple cases from one incident. Our ATV accident attorney will pursue damages from every liable source to ensure fair compensation.
Recoverable Damages From an ATV Accident
Like any personal injury case, Hawaii tort law refers to the recoverable losses from an ATV accident claim as compensatory damages. These refer to how the negligent party’s actions impacted you financially, physically and emotionally. Every case has circumstances that make it unique, and our ATV accident attorney will investigate to identify all recoverable losses. However, there are some common economic and non-economic damages in most cases.
Economic damages address how the accident impacted you financially:
- The cost of medical treatment for your injuries, including ongoing care
- The wages you lost due to missed work during recovery or loss of earning capacity
- The cost of repairing any damaged property
- Any associated replacement services, such as transportation to the doctor or in-home help
Part of our job is to collect the documentation necessary to prove these losses and include that with your list of demands.
Non-economic losses refer to the non-monetary impact of your case. For example, you can request financial compensation for the pain and suffering that your injuries cause. After a severe accident, anxiety, depression, post-traumatic stress, emotional distress and loss of enjoyment are common. The court accepts fair quantification of those losses, making the negligent party liable for them.
How Our ATV Accident Attorney Can Help
Several factors can complicate an ATV accident case, demanding a versatile knowledge of personal injury law to recover fair compensation. Our experienced legal team will take over the requirements of creating an ATV injury claim:
- Conducting an independent investigation into the accident to look for evidence of negligence
- Identifying all available damages to ensure you make an accurate claim for your losses
- Completing and filing all the necessary paperwork for a claim or lawsuit
- Gathering all the required documentation to prove your losses
- Communicating with the insurance company so you can focus on healing rather than dealing with a combative adjuster
The role of a legal representative is to protect the client, advise them of their legal rights and take over the administrative work to speed up the process and avoid mistakes. The first step is to discover the cause of the accident, which often leads to proof of negligence.
Laws Regarding ATV Operation on the Big Island
There are two primary laws regarding ATV usage in Hawaii that every driver should know: helmet safety and the off-road-only requirement. Anyone operating or riding an ATV in Honolulu must always wear a helmet. Additionally, the state limits ATV operation to off-road areas. Public streets are mostly off-limits, with a few exceptions.
Exceptions to the off-road rule
The exceptions to the off-road regulation for ATV operation include:
- ATVs used as farm equipment
- ATVs used for travel between agriculturally zoned properties
- ATVs operated by someone with a category three driver’s license or a commercial license
- ATVs operated by municipality, county or state workers using the vehicle within the scope of their job
- ATVs driven on streets with speed limits of 35 miles per hour or less and no more than two lanes
In counties with a population of less than 500,000 people, you can ride on public streets, but that does not apply to Honolulu.
Contact Our Experienced ATV Accident Attorney in Honolulu Today
If you sustained an injury in an ATV accident, you may have the right to recover compensation from the person or entity responsible for your losses. At Recovery Law Center in Honolulu, we know the burden a severe ATV accident can place on you and your family and will fight to hold the at-fault party accountable. Contact us to schedule a free consultation with our experienced ATV accident attorney and learn about the legal steps available for financial security.