ATV Accident Attorneys in Paducah, KY
ATV accidents can result in cuts, bruises, fractures, disfigurement, or even death. If you were involved in an ATV accident, make sure to contact one of our Paducah ATV accident attorneys to make sure you can be compensated from the physical, emotional, and financial damages that were caused to you.
Call 270-387-1414 today to get in touch with our personal injury attorneys in Paducah and more areas in Kentucky.
ATV Accident Injuries and Fatalities
All-terrain vehicles (ATV) also known as light utility vehicles (LUV) are motorized vehicles that travel on low-pressure tires. These are straddled by the rider and controlled by steering the handlebars.
As the name suggests, ATVs are versatile vehicles that can be used on many terrains which make them useful for all sorts of activities including recreation, agriculture, and even mining.
However, since these vehicles are only straddled, there is little protecting the rider from the rest of the world. It lacks safety features commonly found in cars including seatbelts and airbags.
To make matters worse, ATVs have a high center of gravity while only having a narrow wheel base, making it prone to tipping over. Because of this, it can be expected that ATV accidents can cause serious and fatal injuries to the accident victims.
Common injuries that can arise from ATV accidents include:
- Multiple fractures
- Facial and dental disfigurement
- Organ damage
- Spinal cord injuries
- Traumatic brain injuries.
On top of these injuries, ATV accidents can also lead to death. From 2015-2017, there have been 63 ATV-related deaths, making it the second state with the most ATV deaths in the country.
This figure is not only limited to ATV riders; included in this number are other people that were simply involved by the ATV rider in a pedestrian accident.
If you were involved in an ATV-related accident because of a careless driver, don’t hesitate to talk to one of our personal injury lawyers in Paducah, KYto make sure that your legal rights are protected and you get the compensation that you deserve for the damages caused to you.
Kentucky ATV Riding Rules
Laws are passed to keep its people safe, similarly, the state of Kentucky has passed several ATV laws in Kentucky to promote safe ATV riding practices. Understanding and observance of these laws is the first step in preventing and protecting us from ATV accidents.
ATVs that will be ridden in Kentucky must be registered and titled. There are no requirements to have it registered unlike with a truck, car, or motorcycle. Once registered, you will receive a 17-digit vehicle registration number and then you’ll be allowed to ride your ATV within the state.
ATVs cannot be driven on any roadway, public highway or right-of-way. However, you are allowed to cross highways with two lanes as long as you do it as close to a 90 degree angle as possible.
Your ATV must also be approved for the specific use when riding it in public. In other words, if you intend to use your ATV for work such as logging or agriculture, you must have a permit for that specific activity.
If you wish to ride your ATV on private property, you must ask for the owner’s permission.
ATVs may only be driven during daylight hours in the state of Kentucky unless these ATVs are to be used for snow removal or any emergency road maintenance works, and even if they may only be used in the daylight, they must still have at least one headlight and two tail lights that must be switched on when in use.
There are also age limits to driving ATVs. No one under the age of 12 is allowed to operate an ATV that’s more than 70 cubic centimeters (CC) in displacement and no one under the age of 16 can operate an ATV that is more than 90 CCs. In either case, the rider must also have parental supervision to ride an ATV.
Protective headgear is also required when riding in public spaces, but they are not required while riding on private property. There are many types of headgear that can be worn, but you must make sure that it’s approved by the Kentucky Transportation Cabinet.
These rules are put in place to create a safe environment for both the ATV rider and the people around him. Unfortunately though, accidents sometimes occur, and sometimes it may seem like the rider’s fault.
To be able to hold the rider liable and demand compensation for your injuries, fault must first be established in court. In most cases, fault is established through a negligence claim.
To better understand the restrictions on ATV riding in Kentucky, get in touch with a personal injury attorney from Farmer & Wright, PLLC.
Elements of a Negligence Claim
In a negligence claim, the victim (the plaintiff) is suing the person at fault (the defendant) for being negligent or careless, resulting in damages to the victim. A negligence has four elements that must be fulfilled to make a negligence case valid: duty, breach, causation, and damages.
Duty refers to the defendant’s duties in relation to the law. This includes the rules and restrictions for ATV riding as set by the Kentucky state law. The responsibilities of the rider must first be established to see if his actions are breaching any of them.
Breach is when the defendant does not do what the law tells him to do, in other words, this is when a rider does not obey the rules and regulations of ATV riding which may include not having a proper registration, or riding without lights.
Once the defendant’s actions have been established to be in breach of his rights and responsibilities according to the law, you must be able to establish that his actions (or inaction) directly caused the incident that injured you.
Finally, you show to the court the extent of the damage that the defendant has caused you.
If you were involved in an ATV accident and intend to file an accident lawsuit, talk to one of our personal injury lawyers to get yourself legal representation to advocate for your case today.
Why You Need a Paducah ATV Accident Attorney Right Away
If you were involved in an ATV accident in Paducah, Kentucky, you should get a personal injury lawyer from Farmer & Wright, PLLC, to help you with the legal aspect of your injury for a couple of reasons.
Knowledge of Local Laws
The first reason is that our Paducah personal injury attorneys are knowledgeable on Kentucky personal injury law. While there are federal laws that apply to the country as a whole, there are some laws that are specific to Kentucky.
Knowledge of these slight differences in policies and processes will make sure that your personal injury claim will conform to the laws that apply in the state, and will make sure that your case is watertight.
Evidence acquired from accident sites is very important in a personal injury lawsuit because it forms the backbone of your accident claim. Evidence is necessary to show fault, causation, and the resulting damages which makes evidence important to calculate the total extent of the damages.
A Paducah, KY ATV accident lawyer will know how to go about acquiring the relevant evidence for your case which can include CCTV footage and witness statements.
There are many mistakes that you could make after an accident that could hurt your case including accidentally admitting guilt, or giving out certain information about your claim. In either case, both the defendant and the insurance company will be sure to pounce on these opportunities if given the chance.
Our lawyers at Farmer & Wright, PLLC, have experienced firsthand how some people will try to get accident victims to make a mistake that they can take advantage of.
Our personal injury lawyers will tell you about these tactics and how you can avoid them. We will also make sure your rights are protected, and you get paid for the injuries that were caused unto you.
Negotiating with the Insurance Company
Most insurance companies will not want to pay for the whole cost of your damages and will try to undervalue your insurance claim to try and pay less. An experienced car accident lawyer will be better able to assess the total damages of the incident as afforded to you by the law.
One common tactic used by insurance companies is by not revealing to you what you can seek payment and reimbursement for. Insurance providers will mainly pay for the cost of physical damages such as the damage to your personal property and medical bills, but you can actually get paid for many other non-tangible things.
According to the law, an accident victim is allowed to ask for compensation for lost wages due to hospitalization, emotional distress, pain and suffering, burial expenses in the case of wrongful death, and even future medical expenses.
Not Missing Deadlines
When you are in an accident, the one thing you must never, ever, allow to happen is for you to miss a deadline because when your deadline passes, you cannot make demands for anything anymore, no matter how good your evidence or your ATV accident attorney is.
The deadline, also known as the statute of limitations, for filing an accident claim is two years from the date of the accident. A personal injury attorney will help you keep track of the dates, and will make sure you are able to abide by the legal process for filing your case.
Consult with our Kentucky ATV Accident Attorneys!
Filing a personal injury case is not easy because you have to deal with the technical, legal knowledge, and you’ll also have to go head-to-head with the defendant. So if you were involved in an ATV accident, talk to one of our ATV accident attorneys at Farmer & Wright, PLLC, a Paducah, KY personal injury law firm.
Our personal injury lawyers are knowledgeable on accident law and have experience in dealing with all sorts of personal injury cases. We are committed to using our knowledge and experience to ensure that you get what you deserve as the victim of an accident.