The diversity of North Carolina’s land features, such as the Blue Ridge Mountains and coastal paths, provides many outdoor recreation opportunities. If the experience of a thrilling ride turned into a tragedy, you can seek guidance from a North Carolina ATV accident lawyer at Tatum & Atkinson Law Firm. Our law firm can help you through the complicated legal requirements to become physically and financially whole post-accident.

Unlike typical passenger vehicles, all-terrain vehicles (ATVs) do not contain the same structural protections, which makes sustaining a traumatic injury from an accident much more probable. The legal team at our firm has knowledge about the specific mechanics of an ATV crash and is willing to work tirelessly to achieve justice and the assistance you need.

A traumatic off-road accident should not derail your entire future. If you call Tatum & Atkinson Law Firm at (800) 529-0804 now or contact us via the website, we can schedule your free and obligation-free initial consultation.

North Carolina ATV Accident Lawyer: Seeking Justice After an Off-Road Crash

If you’re in an off-road automotive accident, it’s necessary to get experienced legal counsel to assist in representing you. An ATV crash personal injury attorney understands that off-road motorsports accidents do not follow the same guidelines or create the same consequences as conventional highway collisions. 

At Tatum & Atkinson Law Firm, we provide our clients with aggressive representation to prevent insurance companies from downplaying the severity of their injury and their entitlement to a North Carolina ATV accident settlement.

The Severe Reality of Off-Road Vehicle Trauma

ATVs are very different from cars and trucks due to the lack of safety features like an enclosed steel body, airbags, and ‘crumple zones’ built into them. Since riders are able to be thrown off their ATVs in the event of an accident or a rollover,, they do not have any padding or shielding from coming into contact with the ground, trees, or other vehicles when they land. The reasoning behind many of these types of accidents resulting in serious ATV accident injuries requiring major medical attention is that they do not have any exterior protection.

The Dynamics of Heavy Vehicle Rollovers

Heavy vehicles with a high center of gravity and narrow wheelbases, such as ATVs, are at risk of tipping over. ATV rollover accident injuries are often very severe since a heavy, rolling ATV can crush a rider who is ejected from it. Severe traumatic brain injuries, spinal cord injuries, internal organ damage, and complex fractures are typically the result of an ATV rollover accident.

Life-Altering Injuries Routinely Suffered on NC Trails

A serious off-road accident can dramatically change a person’s life due to the physical damage it causes. Commonly, off-road accidents result in the following types of injuries:

• Traumatic Brain Injuries (TBIs): Concussions and long-term cognitive damage from violent impacts.
• Spinal Trauma: Spinal cord injuries resulting in partial or total paralysis.
• Orthopedic Fractures: Broken, shattered bones, dislocated joints, or torn ligaments.
• Crush Injuries: Severely injured limbs or traumatic amputations from being crushed by a rolling vehicle.
• Severe Lacerations: Deep cuts and permanent scarring from “road rash” caused by sliding on the ground or from debris found on the trails.

Determining Fault and Liability in North Carolina

Accidents account for some of the incidents; however, the vast majority come from negligence that could have been prevented. Common causes of accidents include, but are not limited to, inexperienced operators, double riding on single-user vehicles, operating under the influence of alcohol or drugs, excessive speed, and riding an unfamiliar or poorly maintained trail.

To ascertain who can potentially be held liable in an off-road vehicle injury claim, a careful investigation must be conducted into the parties who have caused the injury. These parties may include:

• Negligent Operators: Drivers who operate their vehicles recklessly, speeding, and do not adhere to basic safety rules when driving with a passenger.
• Vehicle Owners: Owners who allow minors or untrained or unlicensed operators to use their powerful vehicles.
• Property Owners: Property owners who allow individuals to ride on their property and do not keep trails safe or warn riders of unsafe conditions, such as large unmarked holes in the ground, buried electrical wire, or sudden drops.
• Manufacturers & Distributors: Manufacturers who distributed vehicles with defects and allowed them to go into the hands of consumers.

“There are times when a crash occurs due to no fault of the rider. Manufacturers’ defects or design errors may include brake systems that fail or are faulty, throttles that remain open, or suspension systems where the loss of control is sudden. When this happens, a product liability claim can be filed against the manufacturer of the product.” – Robert Tatum

The Legal and Insurance Complexities of ATV Claims

Car accidents (or motor vehicle accidents) occur on public highways and are regulated through clearly defined traffic laws; however, an all-terrain vehicle accident lawsuit generally arises from incidents that occurred on private property, state parks, or commercial trails. The type of insurance that would apply to these types of accidents is vastly different from what would apply to a car accident, and therefore, much more difficult to determine without the assistance of an experienced recreational vehicle accident lawyer.

The Insurance Puzzle

Most home and auto insurance policies exclude coverage for off-road vehicles. To be successful with an ATV injury claim NC, you must first identify if any type of motorsport insurance, umbrella policy, or specialized coverage exception exists that would provide an avenue for financial recovery.

The Contributory Negligence Hurdle in NC

North Carolina’s laws regarding contributory negligence are very strict. If an injured person is found to be even 1% percent liable for an accident, they cannot recover damages for their injuries. Having an ATV accident attorney North Carolina will help protect your rights and fight against erroneous accusations of being at fault from insurance companies.

Evidence Required to Build a Strong Case

In order to develop a strong claim, it is essential to collect evidence as quickly as possible. Our legal team will quickly work to preserve the following types of evidence:

• Photographs and video footage of the accident scene, the condition of the trail, and damage to the vehicles.
• Eyewitnesses’ statements and contact details.
• The report of the police or park ranger and any first responders.
• Medical records that document how you were injured and the severity of your injuries.
• Data concerning the vehicle and accident reconstruction by experts.

Types of Compensation Available in North Carolina

The financial burden victims face after an ATV accident can be a lot, but with a successful claim in ATV accident compensation North Carolina, it may provide you with the funds for: 

• Medical expenses
• Ongoing rehabilitation expenses
• Lost wages
• Reduction in earning potential
• Physical and emotional pain.

Protecting Exploited or Injured Children

There are many more off-road injuries to children because they lack the strength or the judgment to operate large & high-powered machinery. Thus, when a neighbor, property manager, or commercial truck owner fails to properly supervise or hand them an age-appropriate vehicle, they can be legally held liable for the resulting accident.

We at Tatum & Atkinson Law Firm hold these negligent parties accountable for the harm and secure fair compensation for the child’s needs.

How Tatum & Atkinson Law Firm Can Help Protect You After an ATV Accident

Recovering from a serious off-road accident can be difficult. At Tatum & Atkinson Law Firm, we utilize our extensive experience to ease your burden and help you recover.

• Direct Attorney Communication: Your attorney will continually communicate with you, providing personalized strategies, honest legal advice and open communication throughout the entire process.
• Rapid Evidence Preservation: Our firm takes prompt action to gather information from the scene of your accident and find all responsible parties so that insurance companies cannot minimize your claim. 
• Aggressive Insurance Negotiations: We aggressively go after large corporations and insurance adjusters and use our trial experience to fight for the maximum compensation available for your injuries. 
• No Fee Unless We Win: All of our clients have their personal injury claims handled on a contingency fee basis (no fee to you until we collect a recovery for you).

Contact a North Carolina ATV Accident Lawyer Today

Off-Road accidents will leave individuals in a haze as they are battling through medical procedures and financial pressures. You do not have to allow the insurance companies to take advantage of you by utilizing loopholes to deny you coverage at your most vulnerable times. 

When you need someone to represent you and take care of the legal burden, and allow you to concentrate on getting better, contact Tatum and Atkinson Law Firm. Our North Carolina ATV accident lawyers can help ensure you have the best chance of recovering from your injuries and receiving fair compensation. 

Call our office at (800) 529-0804 for a confidential and free consultation to see how we can help you recover the compensation you deserve.