ATV accidents can have devastating physical, financial and emotional circumstances for the victims of personal injury.
When someone else is at fault, you can sue them for the damages you incur through the Kentucky civil court system.
Determining negligence in an ATV accident
The basis for a personal injury lawsuit is negligence. If another party meets the three requirements of a negligence claim, you can file a lawsuit. Those requirements include:
- Duty of care. The other driver had a clear responsibility to ensure their actions were reasonably safe while operating the ATV.
- Breached duty of care. They failed to uphold their duty by creating an unsafe condition for you.
- Their unsafe actions directly resulted in your accident and injuries.
Additionally, you must have damages to file a claim or lawsuit. For example, if you were in a minor accident and suffered no injuries or property damage, you would likely be unable to recover compensation.
Recoverable damages from an ATV accident claim
Most ATV accidents result in some form of damages, given the vulnerability of riders and passengers. The compensatory losses available in a personal injury claim include economic and non-economic damages. Examples of economic losses are medical bills, lost income, the cost of repairing damaged property and replacement services during recovery.
Non-economic damages include the psychological impact of the accident. Examples are the physical pain and suffering endured, the loss of enjoyment in life, the loss of consortium and the emotional distress that often accompanies a terrible accident.
The damages can vary drastically from case to case, but adequately identifying them is crucial to ensuring you receive a fair settlement.