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Austin ATV Accident Attorney

All-terrain vehicles (ATVs) are surging in popularity, with more people taking up off-road riding than ever before. These vehicles, which are typically equipped with straddle seating, handlebar steering, and the ability to maneuver through various terrains and conditions, are now a common sight in and around Austin, Texas. 

Despite their popularity for recreational use, all-terrain vehicles (ATVs) can cause serious injuries or even death due to their weight and ability to travel at high speeds. Additionally, many people do not feel the need to wear helmets when riding ATVs, increasing their risk of traumatic brain injury. Other possible injuries include:

  • Spinal cord injury
  • Broken  bones
  • Crush injuries
  • Organ damage
  • Internal bleeding
  • Burns

According to the Consumer Product Safety Commission (CPSC), over 100,000 ATV-related injuries were treated in emergency departments across the country in 2020, and children under 16 accounted for most of the fatalities.

If you or a loved one has been seriously injured in an ATV accident, an Austin personal injury attorney at the Villarreal & Begum, LAW GUNS, can help. You can depend on our qualified lawyers to assist you in navigating the legal landscape and get the compensation you deserve.  For those who cannot come to us – such as those recovering in hospitals or unable to travel – we will come to you, offering a free initial consultation.

Why Choose The Villarreal & Begum, Law Guns?

If you’ve been injured in an ATV accident caused by someone else, you will need an Austin ATV accident attorney who can provide experienced and aggressive legal representation. Let the highly skilled lawyers at the Villarreal & Begum, LAW GUNS, fight for the results you need.

  • You can count on us to present you with a solid case strategy and to follow through until you get the settlement or verdict you deserve.
  • Since we are solely dedicated to personal injury law, our firm has an advantage over those with a more diverse practice. We have an in-depth understanding of the laws that govern injury cases.
  • Our attorneys provide personalized attention to every client, and we are always available to answer questions.
  • There will be no upfront fees or out-of-pocket expenses, and we will only collect legal fees if we are successful in winning compensation for you.

Texas ATV Laws

Vehicles classified as ATVs in Texas must meet the following criteria:

  • Equipped with a seat (or seats if designed for a passenger);
  • Three or more wheels;
  • Maximum width of 50 inches;
  • Designed for off-highway use; and
  • The manufacturer did not design it for farm use or lawn care.

ATV operators on public property in Texas must wear safety helmets and goggles. They must also hold a safety certificate issued by Texas or another state unless they are taking safety training courses under the supervision of a certified instructor or a young person operating under the supervision of an adult with a safety certificate.

The use of ATVs on public roads is generally prohibited in Texas. The only exceptions are a farmer or rancher traveling less than 25 miles, a public utility worker, or a law enforcement officer. ATVs permitted on Texas public roads must be equipped with a triangular orange flag mounted on a pole attached to the back. A valid driver’s license and illuminated headlights and taillights are also required.

Common Causes of ATV Accidents

Compared to motor vehicle operators, an inexperienced ATV driver is 13 times more likely to get into an accident during their first month of driving. In addition to inexperience, the following are common causes of ATV accidents.

  • Driving on pavement; ATVs are designed for off-road operation
  • Riding double on an ATV not designed for passengers
  • Failure to obey state ATV driving laws
  • Reckless  or impaired driving
  • Inclement weather conditions

ATVs are notorious for rollovers due to their top-heavy and high centers of gravity. In a collision, the vehicle is more likely to flip over, causing injuries to riders and passengers. In addition, many models lack rollover safety bars, so riders can be thrown, crushed, or pinned under these vehicles if an accident occurs.

What Should I Do After an ATV Accident?

After suffering a personal injury in an ATV accident, there are several steps you should take as soon as possible.

  • Be sure to seek medical attention immediately if you have suffered any injuries.  If you are on an ATV trail, get your vehicle off the trail if possible to prevent endangering other drivers.
  • Gather as much information as you can.  Take pictures of the scene and record the circumstances of the accident.  
  • If another ATV is involved, get the driver’s contact and insurance information.
  • If the police investigate, get the names and badge numbers of the officers and ask for a copy of their accident report.
  • Speak to an Austin ATV accident lawyer. Your lawyer will collect the evidence needed to support a claim against a negligent property owner or ATV operator, deal with insurance companies on your behalf, and facilitate access to the treatment you need to reach maximum medical improvement.

What is My ATV Accident Claim Worth?

Every ATV accident is different: the causes can vary from one case to the next, along with the severity of the victim’s injuries and their share of fault for the accident (if any). For this reason, there is no average ATV accident settlement in Texas. Still, an experienced personal injury lawyer will negotiate with the insurer for the money you need to cover your damages, which may include:

  • Current and future medical bills
  • Lost income
  • Lost or decreased earning ability
  • Pain and suffering
  • Property damage

Your settlement or award may also be impacted if you share any responsibility for the accident. Texas is a modified comparative negligence state, which means that you can sue for damages even if you are partially at fault. Still, your financial recovery will be reduced by your degree of fault. However, if you are found to be more than 50% to blame for an accident, you cannot recover any damages.

Get a Free Consultation From an Austin ATV Accident Attorney

If you or a loved one was injured in an ATV crash, call the Villarreal & Begum, LAW GUNS today. Our Austin ATV accident lawyers have decades of experience handling accidents involving recreational vehicles and will pursue the compensation you need to move forward.  We have offices in San Antonio, Austin, Laredo, and McAllen to better serve you, so call our law office today for a free consultation.