ATVs and motorcycles are almost a necessity for commuting or traveling for a large number of people in the U.S who lose their lives or are injured due to accidents caused with these vehicles. These accidents may also result in property damage. When such accidents occur, the ATV / Motorcycle Accidents Law apply.
The following three points decide the judgment or decision:
- Whether actual harm was caused
- Whether it involved the carelessness on the part of the other party
- Whether it was indeed the fault of the other party
The victim can claim compensation on the following grounds:
- Medical expenses which he incurred due to the accident
- The physical and psychological harm caused to him by the accident
- The income loss which he had to suffer because of the accident
- The amount he had to spend to repair the property damaged due to the accident.
Generally, the insurance companies and the juries decide on the extent of compensation.
The ATV / Motorcycle Accidents Law applies when accidents are caused due to the following reasons:
- The driver is not trained enough for driving.
- The vehicle is carrying goods not recommended by the vehicle manufacturer or is carrying greater number of people than allowed.
- Children who are not eligible for driving are driving the vehicle.
- The vehicle is being driven on roads on which driving vehicles is not allowed.
- The driver is driving under the influence of alcohol or drugs.
- The driver has exceeded speed limit or is driving on unsuitable roads.
- Some part or equipment of the vehicle has failed.
Need for an attorney
The following are the circumstances under which victims of such accidents will have to take the services of an attorney to get what is due to them under the ATV / Motorcycle Accidents Law:
- The insurance company refuses full compensation for the harm, injury or damage caused.
- The insurance company is delaying the payment of compensation.
- The insurance company has denied compensation.
- The party which has caused the accident is not insured.
With the help of a lawyer, accident victims or their kin can get compensation depending on the seriousness of the accident.