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New York ATV Accident Frequently Asked Questions

How common are ATV accidents?

ATV accidents are far more common than you would think. Statistics report that there are over 100,000 emergency room visits per year attributed to ATV accidents.

Who is at risk?

The age group most at risk for an ATV accident is young children. Secondarily, teenage males and inexperienced riders are at an increased risk for suffering an accident.

What are common injuries from an ATV accident?

Common injuries include broken bones, head and traumatic brain injuries, spinal cord injuries, abdominal injuries, asphyxiation and death.

Who is liable for damages?

It will depend on the circumstances of your accident. Did your accident occur on a neighbor’s property for instance, or was it a state-owned land? If for instance you were on a state-owned trail and had an accident because of a pothole, the state could potentially be held liable. If on the other hand, your accident occurred on a neighbor’s property, their homeowner’s insurance may cover the cost of your injuries.

What type of insurance will cover my claim?

There is not a clear answer for this. There may be ATV insurance involved, or a homeowner’s policy that may apply. ATV insurance works like similarly to car insurance. It’s a good idea to check what type of coverage you have under your existing policies.

What are my legal options if I have suffered an ATV accident?

If you have suffered from an injury accident you are likely dealing with physical and emotional pain, and medical expenses. You may be unable to work, and are losing income while you heal from your injuries. If your injuries were caused by the negligence of another, you could have the right to compensation for your medical expenses, lost income, pain and suffering and more.

Why do I need a New York ATV lawyer?

If you have been in an accident caused by negligence, it is important to speak with an experienced lawyer. There are countless ways that legal guidance can help you. Navigating through liability issues, insurance, medical bills and loss of income can all be daunting. You will need legal guidance to best handle these and other issues. Even if your accident is covered by insurance, it simply may not be enough to adequately compensate you for your losses.

What do I need to keep in mind when speaking to an insurance company?

It is important to be aware that the insurance company isn’t on your side. That said, the actions you take or the things that you say to them could negatively impact your case. Until you speak to a lawyer, give them as little information as possible. It is important to not sign anything until you have contacted us. The insurance company could offer you a settlement agreement that may sound attractive at first glance, but the reality is that it will be inadequate to fully compensate you for your losses.

If I want to recover damages do I need to go to court?

Often, cases settle out of court. However, if an adequate settlement agreement can’t be reached, it will be necessary to go to court.

What type of evidence do I need to bring to my lawyer?

The basic rule of thumb is the more information the better. Bring any type of police or accident reports that you have. Bring copies of medical bills and any photographs of the accident scene or your injuries.

What is the Statute of Limitations for filing a claim?

The Statute of Limitations for filing a claim in the state of New York is three years from the date of the accident. The sooner you seek legal guidance the better. Over time, documents are misplaced and witnesses memories fade.

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