Odessa ATV Accident Lawyer

The highly skilled lawyers from Hilliard Law are ready to fight for you in you've been injured in an ATV accident. At Hilliard Law, our personal injury lawyers have been helping personal injury victims for over three decades.

A small town in West Texas, Odessa is famous for its cowboy culture and the countless oil rigs that tower over the arid plains. It’s home to you and many famous sights. Thanks to its pleasant climate and laid-back way of life, Odessa is also an excellent location for outdoor activities, but it also has the unfortunate honor of being the scene of many ATV accidents.

ATVs are a large part of outdoor recreation, but just like any other motor vehicle, when used negligently or recklessly, they are prone to getting involved in accidents. Since ATV accidents are not as common as car accidents, many people don’t know what to expect when dealing with them. That’s where an experienced ATV accident lawyer will come in handy, helping you to receive the compensation you need and recover in peace.

Recover Damages From Your Odessa ATV Accident

Injuries are a common consequence of any motor vehicle accident, including ATV accidents. These accidents also usually cause significant property damage, especially if other vehicles are involved. Without filing an insurance claim or personal injury lawsuit, you may have to pay for these losses out of pocket.

You may be able to obtain compensation for a wide range of losses through an ATV personal injury claim. The most common losses that accident victims recover compensation for include the following:

• Wages lost from missing work due to injuries
• Medical care is needed to treat accident injuries
• Pain and suffering from dealing with a severe accident
• Repairing or replacing property destroyed in the accident

The extent of your accident-related losses will be considered when calculating the amount of compensation you qualify to recover. Every accident is unique, and every victim is impacted differently, so having someone with years of legal experience evaluate your case may be beneficial.

An experienced ATV accident attorney may be able to assess your claim and provide you with a clear picture of the amount of compensation that would be fair in your situation. Since you were the victim of someone else’s negligence, you shouldn’t be held financially liable for the consequences of your accident. A knowledgeable ATV accident lawyer may be able to help you fight for fair compensation.

Odessa ATV Accident Statute of Limitations

The majority of ATV injury cases are founded on negligence. If you choose to file a suit for your ATV accident, you will likely be making a personal injury claim against the person or entity that caused your accident.

According to Texas Civil Practice and Remedies Code, Section 16.003, the statute of limitations for most personal injury claims in Texas is two years. Usually, the deadline starts counting down when the accident injury is discovered or the date of the accident.

How Liability Is Established in ATV Accident Claims

Establishing liability is a key part of filing a personal injury claim. In a personal injury case, the plaintiff must prove that the party they have filed a claim against caused their injuries. Although you may already know who you want to sue, it can take further research to determine who is truly at fault.

There are several things to consider when determining who may be at fault for an ATV accident, such as the following:

• Was the driver impaired?
• Did the ATV have any mechanical issues?
• Was the ATV adequately maintained?
• Did the driver have an official safety certificate?
• Were there any known property hazards at the accident scene?

Your ATV accident may have been caused by the negligence of the ATV manufacturer, other motorists, the property owner, or other parties.

Odessa ATV Accident Cases and the Comparative Negligence Rule

All personal injury claims are subject to Texas’s comparative negligence rule. In some cases, the defendant and the plaintiff may have contributed to the accident. You can be deemed partially negligent if you didn’t uphold your duty of care.

Under the comparative negligence rule, any parties involved in an accident, including the plaintiff, may be ascribed a percentage of fault. Because Texas follows a modified comparative negligence rule, the plaintiff can still recover compensation as long as the defendant is more than 50% at fault for the accident.

Call (866) 927-3420 or submit our contact form right away to schedule your no-obligation consultation.