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If you've been injured in an ATV accident, it's important to work with a highly experienced attorney who will fight for you and help you receive the highest possible settlement for your case. We proudly employ skilled legal professionals and offer our clients top-rated legal counsel for all injury matters.

With warm weather year-round, Texas is renowned for having many options for fun outdoor activities such as hunting, fishing, camping, and other off-roading adventures. Outdoor enthusiasts may incorporate riding on all-terrain vehicles (ATVs) as a fun and practical way to enjoy these activities.  However, when ATV accidents occur, victims may suffer severe and catastrophic injuries. Sustaining a serious personal injury can affect many areas of your life, including your home, family and work. Retaining an experienced ATV accident lawyer can help you fight back.

Who Could Be at Fault for My Houston ATV Accident?

To be successful in any type of personal injury accident, you must first establish liability. The plaintiff has the burden of proving that the defendant is responsible for the harm caused. Establishing liability after an ATV accident requires investigating the accident and exploring all the relevant details.

The following parties may be at fault for an ATV accident:

  • The ATV operator
  • The ATV owner
  • The ATV manufacturer or seller
  • The ATV parts manufacturer
  • The person responsible for ATV’s maintenance

The vehicle’s driver could also have caused or contributed to the crash by operating the vehicle carelessly or recklessly. If the owner allowed minors or inexperienced drivers to operate the vehicle or was irresponsible in some other way, they may be held legally liable for the accident. In some circumstances, a manufacturer may be liable for using a risky design or selling a defective product.

What Losses Can I Recover From a Houston ATV Accident?

Parties injured in ATV accidents can recover a wide range of damages. Every situation is distinct, and every victim is affected differently, thus no one set amount of damages exists in an ATV accident claim. Your ability to receive compensation will be based on the financial and emotional toll the accident has had on you.

In personal injury cases involving ATVs, you may be eligible for compensation for a range of losses, including the following:

  • Potential and current income
  • Medical costs
  • Upcoming medical care
  • Mental suffering
  • Pain and suffering
  • Damage to property

As a victim of someone else’s negligence, you shouldn’t have to bear any financial responsibility for the outcome of your accident. Hiring a knowledgeable ATV accident lawyer can help you fight for the compensation you deserve.

How a Houston ATV Accident Lawyer Can Help You

After your ATV accident, filing a claim and talking to your insurance provider are important steps for recovering damages. However, accident claims often require a lot of work. You have to file paperwork, negotiate, and prove your claim while trying to heal from your accident.

Dealing with all of this can be overwhelming, so you may benefit significantly from having a Houston ATV accident lawyer on your side. With an experienced lawyer defending your rights, you can concentrate more on recovering from your injuries.

An experienced ATV accident lawyer may be able to provide the following services to you for your case:

  • Thorough evaluation of your claim
  • An investigation of the accident’s cause
  • Identifying each potentially responsible party
  • Keeping track of your injuries and losses
  • Submit claims for accidents and injuries to insurance companies
  • Handling negotiations with insurance companies
  • Pursuing the largest settlement possible

A committed legal representative may be able to give you the support you need during your case. Consider contacting a firm with extensive experience defending the rights of accident victims in ATV and recreational vehicle collisions.

What Laws Govern the Use of ATVs in Houston?

ATVs are off-highway vehicles governed by the Texas Department of Motor Vehicles’ rules for Unique Vehicles. ATVs must be titled by the TxDMV, though they cannot be registered. An Off-Highway Vehicle license plate is available for ATVs and can be obtained from your county tax assessor-collector’s office. You must contact the Texas Department of Public Safety for information regarding the necessary driver’s licenses to operate any of these vehicles.

Off-Highway Use

On public property, Transportation Code Title 7 Chapter 363 requires drivers and passengers to don helmets and eye protection that have received US DOT approval. To be operated on public off-highway vehicle land, TxDMV requires an off-highway vehicle to have:

  • A brake system
  • A muffler system
  • S. Forest Service qualified spark arrester
  • A headlight and tail light
  • An Off-Highway Vehicle decal issued by the Texas Parks and Wildlife Department.

ATVs with an Off-Highway Vehicle license plate have certain operating privileges. Primarily, they are allowed to be operated on roads in the following situations:

  • The operator operates their ATV in a master-planned neighborhood with a set of uniform restrictive covenants and a plat approved by the county or municipality.
  • The operator operates their ATV in daylight hours, within two miles of where it is typically parked for use in getting to and from a golf course, on a road with a posted speed limit of no more than 35 mph.
  • The operator crosses intersections while operating an ATV, including roads or streets with a posted speed limit of more than 35 mph.

If you have any questions about the legal operation of an off-highway vehicle, contact TxDMV to learn more.

Use of ATVs on Roads

An ATV’s use on roads within a city’s boundaries or in some counties’ unincorporated areas may also be permitted by cities and certain counties. When used on city or county-approved roads, the ATV must have an Off-Highway Vehicle registration plate. Only roads with a 35 mph maximum speed limit are eligible for operation authorization. Also, an ATV must carry a slow-moving vehicle emblem when driven on public roadways at 25 mph or less. The emblem must be hung at least six feet above the ground on the back of the ATV, and the vehicle’s headlights and taillights must be lit.

ATVs that fit any of the following criteria may be driven on public highways without being issued a license plate:

  • It is a state, county, or municipality-owned vehicle used on a public road or beach to uphold public safety and welfare.
  • It is utilized in conjunction with agricultural products’ production, cultivation, harvesting, etc., and driven by a farmer or rancher during the day for a distance of no more than 25 miles between the origin and destination.
  • It is operated by a daytime public utility employee for utility work, covering a distance of no more than 25 miles between the point of origin and the destination.
  • It is operated by a law enforcement officer or another individual who offers emergency services such as firefighting, ambulance, medical, or other and covers a distance between points A and B of little more than 10 miles.

Anyone pursuing compensation for losses following an ATV accident may benefit from knowing what ATV operations are and are not permitted. Knowledge of ATV regulations and how they intersect with personal injury law could be vital in effectively securing fair compensation.

Consult a Houston ATV Accident Lawyer About Your Case

Any party that negligently causes an ATV accident should be held accountable for the resulting injuries and damages. Speaking with a Houston ATV accident lawyer with knowledge of all-terrain vehicles and their governing laws may be the best way to hold the responsible party accountable and recover the damages you’ve sustained.

A highly experienced attorney from Hilliard Law can represent you throughout your legal proceedings and help you receive the highest possible compensation for your case. We proudly employ dedicated legal professionals and offer our clients highly rated legal counsel. Robert Hilliard, a Texas attorney with more than 35 years of experience, helms our firm and has won numerous awards for his work on various high-profile cases.

At Hilliard Law, our personal injury lawyers have been helping victims of personal injury since 1985. We know how to fight for you. Call us at 1-800-334-3298 or fill out our contact form. If we take your case, we will work on a Contingent Fee basis, which means you don’t pay us unless we win.

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Partner

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