Who is liable for an ATV accident in West Virginia?
Miley Legal Group
Just like any other type of accident, there is no way to generally determine liability for an ATV accident without looking at the specific factors involved. If you were seriously injured in an ATV accident in West Virginia, you should speak to an experienced Clarksburg ATV lawyer who can then explain the accident liability issues specific to your case.
When you are dealing with an accident involving a machine like an ATV, there are typically 2 major types of accident liability that could apply: those caused by a person, which would result in a personal injury claim, and those caused by the ATV itself, which would result in a product liability claim.
ATV Accidents and Personal Injury Claims
When an ATV accident is caused by a person such as the driver of a car that strikes an ATV or the ATV driver themselves, that person may be held liable in a West Virginia personal injury claim if it can be proven that they owed the injured victim a duty of care and breached that duty, resulting in injury and provable damages.
ATV Accidents and Product Liability Claims
In the event that the ATV accident is caused by a defect in the ATV, you may need to file a product liability claim against the designer, manufacturer, retailer, and/or marketer of the ATV. Once again, which party or parties are liable will be specific to your ATV accident, which is why you’ll need to consult with a Clarksburg ATV lawyer to learn more about how to file a product liability claim and who to file it against.
Accident liability in an ATV accident is not always obvious. Working with an experienced Clarksburg ATV lawyer can help you make sense of your legal options during this difficult time.
Contacting a Clarksburg ATV Lawyer
Recreation opportunities abound in West Virginia, but ATV riding can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else’s negligence, don’t hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.