ATV injury lawyers in San Antonio
ATV accident victims are entitled to ample compensation to help them recover without worrying about money. However, to get this compensation, you’ll need the support of San Antonio ATV injury lawyers. These legal experts will stand up for your rights against insurance companies who use abusive practices and are keen to leave you unprotected.
There’s no doubt that all-terrain vehicles, also known as ATVs, provide extraordinary experiences. Their high-tech design allows them to travel on extreme surfaces (such as rocky or muddy terrain) and provide breathtaking recreational activity. In addition, ATVs can be used to transport goods to areas inaccessible by any other type of vehicle.
Given their high-tech designs, ATVs require a significant degree of technical expertise and extreme precaution to be driven. The extreme nature of ATVs means that they’re constantly involved in risky situations. As a result, thousands of accidents involving ATVs are reported every year in the United States – many of which are catastrophic or fatal.
When a victim of a serious ATV accident injury survives, their life is likely to change dramatically. To start, they must go through rehabilitation, which can take several months or even years and result in high ongoing expenses reaching millions of dollars. In addition, if injuries prevent the victim from being able to work, medical expenses are compounded by lost wages and the inability to spend quality time with family.
These physical, economic and emotional situations can cause victims stress, anguish and desperation. If not addressed in time, victims can suffer dangerous and extensive psychological illnesses, such as panic attacks or depression.
From a legal standpoint, anyone who has been the victim of an ATV accident is entitled to receive various compensation benefits that allow them to get through this pain and suffering without financial worries.
However, in order to receive compensation, you must file a claim and negotiate with insurance companies whose aim is to defend the interests of their investors through abusive strategies that leave victims unprotected (such as making them sign documents when they’re in a state of shock).
That’s why it’s so important that the interests of ATV accident victims are in the good hands of a law firm. However, not just any law firm! You’ll require a skilled legal team with a proven track record of winning cases like yours.
If you or a loved one has suffered an ATV accident, we’ll help you get justice at George Salinas Injury Lawyers. Call us at 210-225-0909 or fill out this form to schedule a free consultation. Our ATV injury lawyers will fight to get you justice, so you can heal from your injuries without financial worries.
Common types of ATV accident injuries
ATVs are popular for both recreational and commercial uses. In both cases, ATVs have an uncanny ability to traverse seemingly inaccessible terrain and withstand extreme climates.
- Recreationally, ATVs are very popular in adventure tourism, as they give drivers breathtaking experiences, such as traversing through mountains or rocky streams.
- Commercially, ATVs make it possible to transport materials where other vehicles can’t reach. That’s why they’re commonly used in sawmills, ranches, farms and construction sites in isolated areas.
Given their lack of body frames, ATVs are quite agile and versatile. Yet, this also makes them dangerous, as they don’t offer drivers much protection in the event of an accident.
According to the Insurance Institute for Highway Safety (IIHS), an average of 250 people have been killed annually in ATV accidents over the past two decades. Often these incidents result in drivers being thrown over the steering wheel and onto the ground.
To prevent fatal accidents, most states require drivers to use special helmets. However, ATV accidents can result in a number of injuries. Here are the top 10:
- Spinal cord injuries
- Traumatic brain injury
- Vertebral fractures
- Broken bones
- Internal bleeding
- Whiplash and other neck injuries
- Abdominal injuries
- Chest injuries
- Leg, arm, elbow and knee injuries
- Neurological damage
Many of these injuries can be severe or catastrophic (meaning they radically change the victim’s life, such as quadriplegia, where the body is paralyzed from the neck down). Recovery often requires rehabilitation that can last months or even several years. In fact, the most important aspect to factor when determining the amount of compensation is precisely the victim’s estimated recovery period.
When subjected to long periods of suffering, pain and immobility, victims of severe pain often suffer emotional injuries as well, which require specialized medical care to prevent the development of serious psychological disorders.
At George Salinas Injury Lawyers, we understand that ATV accident victims seek justice so they can recover from their injuries without worrying about their finances. That’s why our experienced ATV accident attorneys are dedicated to gathering all the evidence necessary to win your case while you heal from your injuries with your family.
Typical causes of ATV accidents
Another important aspect in determining the amount of compensation is the cause of the accident. For this reason, it’s important to clearly identify the reasons that caused it. The most frequent reasons behind ATV accidents include:
- Reckless driving of another vehicle
- Distracted driving of another vehicle
- Animals crossing the road
- Failures in the ATV’s design
- Failures in the ATV’s maintenance
- Failures in the ATV’s manufacturing
- Inaccurate directions from the person or agency renting the ATV
- Insufficient protective equipment by the person or agency in charge of renting the ATV
- Bad road conditions (in the case of a company-owned road)
The causes of an accident are sometimes quite clear (for example, when the other vehicle violates a traffic rule). However, it’s not always easy to determine the reason for an ATV accident, especially if it’s related to some kind of failure in its design, maintenance or manufacture. Proving this type of flaw requires the intervention of mechanical experts who know how to study the vehicle and make a report.
How exactly can an ATV accident lawyer help me get compensation?
When you’re involved in an ATV accident, the most important thing is to get immediate medical attention. The first step should always be to call an ambulance, get checked by specialists and, if necessary, be admitted to a hospital. It’s important to have a clear diagnosis of your injuries and rehabilitation process.
Once you have received medical attention, the second step is to call George Salinas Injury Lawyers immediately.
Numerous clients ask us:
Why should I hire an accident lawyer? Can’t I sue on my own?
Why do I need an accident attorney if I already have health insurance?
It all comes down to the same critical reason:
Insurance companies aim to protect the interests of their investors and seek ways to pay the victim as little as possible. To achieve this, they don’t mind leaving the victim unprotected and sometimes use abusive practices.
For example, it’s not uncommon for an insurance company representative to approach shocked or injured victims after an accident to get them to sign statements accepting fault or agreeing to receive insufficient compensation.
If the victim refuses to sign and seeks to sue for compensation on their own, they’ll also face several nearly impossible challenges. For example, in order to win an ATV accident case against an insurance company, it’s necessary to prove conclusively that you weren’t at fault. This requires the specialized work of experts from different fields, such as investigators or mechanical engineers.
In addition, it’s important to consider that victims of an accident are surely experiencing pain and suffering due to their injuries. The last thing they have time and energy for is navigating a tedious, complex and technically demanding legal process.
For all of these reasons, the best option to get fair compensation is to hire a legal team experienced in these types of cases, such as the attorneys at George Salinas Injury Lawyers, who work to win your case by taking the following actions:
1. Gather evidence
Often the evidence to prove fault in an accident is at the scene where the crash occurred (at least for several hours after the accident). That’s why you should call George Salinas Injury Lawyers right away, so our expert accident investigators can scour the scene in time to find evidence that may prove conclusive (such as tire tracks on the surface that determine the paths of each vehicle).
2. Identify witnesses
A large number of false statements in road accident cases can be proven by interviewing eyewitnesses whose statements contradict the guilty party’s version. Our expert investigators identify, verify, contrast and document their statements so that, if necessary, they can be conclusive during a trial.
3. Check for mechanical failure
Our experts in automotive mechanics study the condition of the ATV in depth to determine and prove if there was any flaw in its design, manufacture, or lack of maintenance. With these tests, it’s possible to prove that there was negligence on the part of the company responsible for the construction, commercialization or maintenance of the vehicle.
4. Get real videographic evidence
We scour the vicinity of the accident as many times as necessary to find possible cameras that may have recorded the accident. We also manage the required permissions to access this videographic material and present it as evidence to prove the exact circumstances under which the accident occurred.
5. Put together a winning case
Based on all the evidence gathered in the previous steps, we put together a solid case that serves as a basis for us to sue for fair compensation. We calculate the exact amount from the bills related to the victim’s physical injuries, as well as psychological and emotional injuries.
6. Advise you on various legal paths
When claiming accident compensation, you have two possibilities. The first and most frequent option is to settle directly with an insurance company during negotiations. If no agreement is reached at this stage, the case must go to trial and be settled in court.
Our experienced attorneys at George Salinas know that your foremost concern after an accident is getting justice. You’ll want to spend your time recovering from your injuries with your family and without any financial stress.
How do I know if I can claim compensation for my ATV accident case?
The only way to know with certainty if you can claim compensation for an ATV accident case is to present your case to an expert legal firm. These specialists will study the specific characteristics of your case and identify your legal options. To help you navigate this process, we offer a free consultation at George Salinas Injury Lawyers.
Nearly all accident cases involving an ATV are evaluated according to a term known as negligence. Negligence is defined by a concept called “duty of care,” which refers to circumstances under which a person, company or institution is responsible for the well-being of another.
When considering roads, the duty of care relates to the responsibility that each driver has towards the safety of other drivers and pedestrians. To a large extent, it’s determined by traffic regulations, for example:
- If a distracted driver has his eyes on his GPS and rear-ends the vehicle ahead when it braked, he’s liable for negligence.
- If an ATV crashes due to poor conditions on an adventure course, the operator of that course is liable for negligence.
- If a person rents an ATV and it crashes due to mechanical failure, the company that rented it is liable for negligence.
In order to win a case for compensation, it’s necessary to prove negligence. Even if you believe you lost control of the ATV due to a lack of driving skills, it’s important to consult with an experienced accident attorney at George Salinas. Our mechanical experts will thoroughly study the mechanics and design of the ATV to prove whether the crash was caused by a malfunction.
How much compensation can I get for my ATV accident in San Antonio?
Each accident case involves specific details related to the severity of the injuries, the estimated recovery time of the victims, the causes and the type of vehicles involved.
However, there are three essential factors that experienced accident attorneys take into account when calculating a specific compensation figure:
1. Medical expenses
This category includes all the expenses related to treating injuries, as well as those involving future rehabilitation, such as:
- Doctor’s fees
- Intensive therapy
- Rehabilitation equipment
2. Psychological injuries
Accident victims are likely to develop psychological and emotional injuries. In addition, the victim may not be able to work or spend quality time with family and friends. All of these circumstances are considered when establishing the amount of compensation. Common conditions claimed to get benefits include:
- Loss of ability to enjoy time with loved ones
3. Punitive damages
When the at-fault party’s conduct in an accident goes beyond negligence and their action is deemed to involve malice, the law requires them to pay punitive damages. For example, if a car driver runs a stop sign because he’s talking on the phone, his conduct is considered negligent.
But if it’s proven that he ran the stop sign with the intent to cause the accident, the conduct would be considered malicious and therefore he would also pay punitive damages.
What steps should I take after an ATV accident?
When involved in a motor vehicle accident, a victim is likely to be in shock and injured (often severely in the case of an ATV accident). Insurance companies sometimes take advantage of the helpless state of victims to void their rights to compensation or pay them as little as possible.
To prevent this from happening, there are a number of steps an ATV accident victim should take:
1. Seek medical attention
The first priority should always be the health of everyone involved in the accident. Therefore, you should call an ambulance after the crash. Here it’s important to keep in mind that you should never say that you feel fine. Even if you feel ok, many injuries manifest themselves hours or days later (especially those involving internal organs). If you claim to be fine and later have symptoms, your statement will be used against you to dismiss your injuries.
2. Call a lawyer
Once you have received medical attention, call George Salinas Injury Lawyers and ask for the help of an experienced ATV accident attorney. If your injuries are serious and you must be hospitalized, ask a loved one or medical staff to contact us. We’ll go wherever you’re staying to understand the circumstances of the accident and begin working immediately to build a winning compensation case.
3. Don’t sign or declare anything
At some point after your accident, it’s likely that an insurance agent will approach you to ask for your side of the story. You should politely decline to make any statement until your attorney is at your side. Likewise, if the agent asks you to sign any documents, refuse and break off any contact with them. These documents usually make you accept fault for the accident or agree to receive compensation far below what’s fair.
4. Document the scene of the accident
If your injuries permit, use your smartphone to document the accident scene. Take photographs and videos showing both the damage to the vehicles involved and your injuries. Also record the position in which the vehicles collided and take down the contact information of everyone involved (names and phone numbers). If your injuries don’t allow it, ask a family member to do this for you.
5. Request a copy of the police report
Texas law requires the police to respond to any report of a motor vehicle accident. Therefore, if after your accident no one has done so, you should notify the police.
Officers attending the scene of the accident have a duty to make a report (including information on the license plates of the vehicles involved, the license numbers of the drivers, and the circumstances under which the accident occurred). It’s important that you request a copy of this report, which you can also track down and request online.
Contact our San Antonio ATV accident attorneys
If you or a loved one was involved in an ATV accident, contact us. At George Salinas Injury Lawyers we’re ready to help you. Our Spanish-speaking staff is available at any time of the day, every day of the year, so call us at 210-225-0909.
Our San Antonio ATV injury lawyers will fight for justice and get you financial compensation that allows you to recover without worrying about how to pay your bills.
When you hire the experienced accident attorneys at George Salinas, you pay nothing out-of-pocket! Many clients ask us how this is possible. The answer is simple – through a payment method called contingency fees. It works like this: We sign a contract with you to handle your case from start to finish using our resources in exchange for a small percentage of the final compensation that you receive.
Texas law defends all people who suffer accidents regardless of their immigration status. Therefore, you have the right to seek compensation whether you have papers or not. That’s why it’s so important that you choose the right law firm. At George Salinas Injury Lawyers, our ATV accident attorneys guarantee the privacy of your personal information while working to get you the compensation you deserve.
There are two possible scenarios for settling an ATV accident compensation case: through negotiation or at trial. Negotiation involves settling directly with the at-fault party, who is usually represented by an insurance company responsible for accepting the claim or making a counterproposal. If both parties reach an agreement beneficial to the victim, the case can be resolved within a few weeks.
However, if a settlement isn’t reached during negotiations, the case must go to court and be resolved at trial, which can last several months or even years. The attorneys at George Salinas Injury Lawyers always discuss your options during the case’s negotiations.