When an ATV accident happens in Lexington, the injuries may be severe or even deadly. Accidents involving ATVs can be caused by a variety of factors including operator carelessness or negligence or even a defective ATV.
If you or a loved one are injured in an ATV accident, contact a Lexington ATV accident lawyer as soon as possible. A personal injury attorney can answer your questions and help you file a claim so you can receive compensation for your injuries.
Even when wearing protective headgear, ATV drivers and riders are especially vulnerable to serious injuries if an accident occurs. Common ATV accident injuries include traumatic brain injuries, spinal cord injuries, broken bones, back injuries, and even paralysis. Any of these injuries have the potential to permanently affect a person’s quality of life, their ability to earn a living, and care for the needs of their family. When a driver’s negligence leads to an ATV wreck, a Lexington attorney should be consulted as soon as possible so they can help the injured party recover for their losses.
ATV accidents are somewhat unique as they often involve more than one liable party. For instance, if a negligent or careless ATV driver fails to pay sufficient attention to what’s in front of them and their inattention injures an ATV rider, they can be held legally responsible for the rider’s damages. If a manufacturing defect causes the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well.
In order for the victim in an ATV crash to file a lawsuit for damages, they must prove that the at-fault party owed them a duty, failed that duty, and this failure directly led to their injuries and losses.
If a jury determines the person who filed the lawsuit contributed to their injuries and is partially responsible for the ATV crash, a judge will reduce their compensation based on their percentage of liability. This is also known as pure comparative negligence per Kentucky Revised Statutes (KRS) 411.182. An ATV accident attorney in Lexington is well-versed in the state’s liability laws and can answer all of your questions.
Several types of compensation can be pursued in a Lexington ATV accident claim. They include economic damages which refer to specific financial losses such as hospital bills, physical therapy costs, surgery expenses, occupational therapy and rehabilitation expenses, and wage loss.
Another type of recoverable compensation is non-economic damages, such as the diminished quality of life, emotional trauma, pain, suffering, and future reduced earning ability a person experiences as a result of their ATV accident injuries.
Punitive damages are another category of compensation and are sometimes available when a victim is injured in an ATV crash. Punitive damages are granted as a means of punishing the responsible party for gross or willful negligence.
A Lexington ATV accident lawyer can advocate for justice on your behalf and fight tirelessly to secure compensation for your injuries. An attorney can protect your rights and help you pursue legal action against all parties liable for your injuries. Call today to discuss your case.
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