After a serious All-Terrain Vehicle (ATV) accident, you're likely left with severe injuries and questions. You may also worry about the legal circumstances of your crash, but a difficult situation doesn't remove your rights. A skilled Queens ATV accident lawyer provides the guidance you need.
The law provides paths to hold a negligent party responsible, even in the most complicated cases. An experienced attorney investigates every detail to find the right path for you. Call the Law Offices of Jason B. Kessler at (914) 220-1088 to discuss your case for free.
Table of Contents
- Why Choose Us for Your Queens ATV Accident Case
- Who Is Responsible for Your ATV Accident Injuries?
- How Your Queens ATV Crash Attorney Builds Your Case
- Potential Compensation in a Queens ATV Injury Claim
- FAQ for Queens ATV Accident Lawyer
- Your Path Forward Starts Here
Why Choose Us for Your Queens ATV Accident Case
ATV accident claims aren’t like typical car crash cases; they involve unique laws, insurance challenges, and potential biases. You need a law firm that grasps every nuance of your situation.
We Understand the Nuances of New York ATV Laws
The laws governing ATVs in New York City are restrictive and complex. Operating an ATV on a public street is illegal, but it doesn’t automatically bar you from seeking compensation. We explore every angle of your case to determine if another party’s negligence overrides the circumstances of your ride.
Our firm focuses on the actions that caused your injury. If a careless driver hit you, or a dangerous property condition caused you to crash, their liability is the central issue. A knowledgeable Queens ATV accident lawyer knows how to build a case that focuses on the true cause of your harm.
Our Firm Knows Queens
We’re a Queens-based law firm with a deep understanding of the local landscape. We know the areas where residents ride, from vacant lots in South Jamaica to industrial parks in Long Island City and trails near Alley Pond Park or Cunningham Park.
Our lawyers handle cases originating in all corners of the borough. Our local familiarity is a significant advantage. Whether you crashed in The Rockaways or were struck by a car in Ozone Park, we know the terrain.
We use this local knowledge to conduct more effective accident scene investigations and build a case that reflects the reality of your situation.
Confidential and Non-Judgmental Representation
We know you're worried about your legal situation. The fear of being judged or getting into trouble prevents many injured riders from seeking the help they need. The first principle of our practice at the Law Offices of Jason B. Kessler is that every client is treated with respect and dignity.
Your consultation with us is 100% confidential. You can tell us exactly what happened without fear of judgment. Our focus is not on where you were riding, but on how you were injured and who is responsible for the damages you've suffered.
Clear Communication
When you're dealing with a complex injury claim, you need clear and consistent communication from your legal team. Our firm is structured to provide just that. You’re not just a case number to us. You get the direct attention of the attorney handling your claim.
We’ll provide you with regular updates and make ourselves available to answer your questions. We’re your dedicated advocates from start to finish.
Call the Law Offices of Jason B. Kessler today at (914) 220-1088 for your confidential consultation.
Who Is Responsible for Your ATV Accident Injuries?
Determining liability in a four-wheeler accident is more complicated than in a standard traffic collision. The person or entity responsible for your injuries may not be obvious at first. A skilled Queens four-wheeler accident lawyer investigates all possibilities to identify every liable party.
Negligent Car and Truck Drivers
Even if you were operating your ATV on a public road, other drivers still have a duty to operate their vehicles safely. When drivers are distracted, speeding, or impaired, they put everyone around them at risk. Many ATV accidents happen because a car or truck driver simply wasn't paying attention.
Common scenarios include a driver failing to see an ATV before changing lanes or pulling out from a side street. A driver who rear-ends an ATV or makes an unsafe left turn in front of one is often found to be at fault for the resulting crash.
Property Owners
Sometimes, the cause of the crash isn’t another vehicle but the land where you were riding. Private and public property owners have a responsibility to keep their land reasonably safe or to warn people of known dangers.
When they fail, and you get hurt, they’re liable under a legal concept called premises liability.
This applies even if you were technically trespassing. The property owner’s responsibility changes based on the situation, but they’re often not allowed to let an extremely dangerous condition exist without warning.
We investigate the property for hazards that may have caused your ATV wreck:
- Hidden Dangers: This includes hazards like unmarked ditches, steep drop-offs, or wires strung across a path that aren’t visible to riders.
- Unsafe Conditions: The property owner may be liable for leaving debris, construction materials, or other dangerous obstacles in an area where they know people ride.
- Lack of Warning: The failure to post signs warning of known hazards on the property is a form of negligence.
ATV Manufacturers
All-terrain vehicles are powerful machines, and a defect in their design or manufacturing creates a serious risk of injury. The manufacturer or designer is responsible when a faulty part leads to a crash.
Common defects include issues with the braking system, steering components, or a design that makes the vehicle excessively prone to rollovers. Proving a product liability case requires a detailed investigation by your Queens ATV accident lawyer and testimony from engineering professionals.
How Your Queens ATV Crash Attorney Builds Your Case
A successful ATV injury claim requires a proactive and thorough approach to building your case. From the moment you hire us, we take decisive action to protect your rights and gather the proof needed to win. We handle every legal detail so you can focus on your medical recovery.
Preserving Critical Evidence
Evidence in an ATV accident case disappears quickly. The ATV is the most critical piece of evidence, and we take steps to preserve it for inspection before it’s repaired or salvaged. We also act fast to document the accident scene and collect other proof.
This process includes several key actions:
- Vehicle Inspection: We arrange for an engineering professional to inspect your ATV for any mechanical defects that may have caused or contributed to the crash.
- Scene Documentation: We visit the crash site to photograph property conditions, skid marks, debris fields, and any other physical evidence that remains.
- Witness Statements: We identify and interview anyone who may have seen the accident or who knows about the conditions that led to it.
Navigating Complex Insurance Issues
A major challenge is figuring out which insurance policy covers your injuries after an ATV accident. The New York no-fault law that covers most car accidents generally doesn’t apply to ATVs. This creates confusion and often leads to insurance companies denying claims outright.
Our attorneys know exactly where to look for coverage. We review your own auto or homeowner’s policies for potential coverage. We also pursue claims directly against the liability insurance policies of any at-fault drivers or property owners to get you the compensation you need.
Consulting With Reconstruction and Medical Professionals
We frequently work with a network of respected professionals to build the strongest case possible. Accident reconstructionists help us show a judge or jury exactly how the crash happened and who was at fault. They create detailed diagrams and reports that explain the physics of the collision.
We also consult with your doctors and other medical professionals to fully document the extent of your injuries. Medical experts help us explain the long-term consequences of your condition, including the need for future medical care and the impact on your ability to work.
Potential Compensation in a Queens ATV Injury Claim
A successful claim allows you to recover financial compensation for the wide range of losses caused by the accident. A determined Queens ATV accident lawyer fights for every dollar of compensation available under the law.
Economic Damages
Economic damages are the foundation of your claim. They represent the specific, calculable financial costs that you have incurred because of the accident. We meticulously document these losses to recover what you have lost.
These tangible costs result directly from the injuries you sustained in the ATV wreck. We gather every bill and pay stub to prove these amounts.
The primary types of economic damages are:
- Medical Expenses: This covers all of your accident-related medical care, including ambulance transport, emergency room treatment, hospitalizations, surgeries, rehabilitation, and any future care you'll need.
- Lost Income and Wages: You may recover the full amount of the wages and salary you lost from being unable to work during your recovery.
- Lost Earning Capacity: If your injuries prevent you from returning to your previous job or working at all, we seek compensation for this loss of future income.
- Property Damage: This includes the cost to repair or replace your destroyed ATV and any other personal property damaged in the crash.
Non-Economic Damages
Non-economic damages compensate you for the immense personal and emotional toll the accident has taken on your life. These losses aren’t tied to a specific bill but represent the real human cost of a severe injury.
These damages acknowledge how someone else’s negligence has changed your life. This compensation addresses your physical pain, mental anguish, and loss of enjoyment of life if your injuries stop you from participating in activities you once loved.
An experienced Queens ATV accident lawyer knows how to demonstrate the extent of your suffering to secure fair compensation for these harms.
FAQ for Queens ATV Accident Lawyer
Can I Have a Case if I Was Riding My ATV Illegally on a Street?
Even if you were illegally operating your ATV on a public road, other drivers still have a duty to drive safely and avoid causing an accident. If a driver’s negligence (like texting and driving or speeding) was the primary cause of the crash, they’re responsible.
The law often looks at who had the last clear chance to avoid the collision.
What if I Crashed on Private Property Without Permission?
You might still have a claim, even if you were trespassing. Property owners in New York have a duty to refrain from intentionally harming trespassers and must warn them of known artificial hazards, like unmarked wires or ditches, that are not obvious.
An attorney will investigate the property conditions to see if the owner’s negligence contributed to your accident.
Who Pays My Medical Bills After an ATV Wreck?
Unlike in a car accident, New York’s no-fault insurance system typically doesn’t cover ATV accidents. Payment for your medical bills will likely come from your own private health insurance first.
A successful personal injury lawsuit against the at-fault party will seek to recover compensation for your total medical costs and other damages.
What Should I Do With My Damaged ATV After an Accident?
Don’t get rid of it, repair it, or have it salvaged. Your damaged ATV is a critical piece of evidence in your case.
Your attorney may arrange to have it stored safely and inspected by an engineering professional to check for any mechanical defects that could have caused or contributed to the accident.
Why Do I Need a Queens ATV Accident Lawyer?
All-terrain vehicle accident cases are complex and differ from typical car accidents. No-fault insurance often doesn't apply to ATVs, so your lawyer finds other coverage. Liability is also complicated, involving negligent drivers, property owners, or ATV manufacturers.
An experienced attorney can overcome biases against riders and legal issues regarding riding location, focusing on the negligence that caused injuries.
Your Path Forward Starts Here
The moments after an ATV accident are filled with fear and uncertainty. Let our firm be your guide and your fighter. At the Law Offices of Jason B. Kessler, we provide the confidential, knowledgeable, and aggressive representation you need to face the future with confidence.
Your call is the first step. Contact us today at (914) 220-1088 for a free, no-judgment consultation.