After an All-Terrain Vehicle (ATV) accident, you may be unsure who is at fault or how your medical bills will get paid. A White Plains ATV accident lawyer helps you navigate these complex issues and untangles the legal knots so you can focus on healing.
You have a path to compensation, and it begins with getting clear answers from an experienced legal advocate. For a free consultation, contact the Law Offices of Jason B. Kessler at (914) 220-1088 to learn about your rights.
Table of Contents
- Investigating All Avenues for Compensation
- The Role of Homeowners Insurance in Your Claim
- Available Compensation After an ATV Crash in White Plains
- ATV Accidents on Public Roads
- FAQ for White Plains ATV Accident Lawyer
- Find Your Path Forward
Why Choose the Law Offices of Jason B. Kessler for Your ATV Accident Claim
At the Law Offices of Jason B. Kessler, we have the specific ATV knowledge required to handle these unique and often sensitive claims. We help injured riders seek justice and compensation for their losses.
We Understand Complex ATV Accident Liability
ATV accidents rarely involve just two parties. Liability can rest with a property owner, a negligent guest, or even the vehicle's manufacturer. Our firm knows how to investigate these intricate cases to identify every party that contributed to your injuries.
We look beyond the immediate circumstances of the crash. Was there a hidden danger on the property, like an unmarked ditch or wire? Did the ATV have a design flaw that made it unreasonably prone to rolling over?
An ATV accident attorney from our White Plains office builds the strongest possible claim for you by thinking outside the box and asking the tough questions.
We Know White Plains and Westchester County
Our firm is familiar with the entire region, from the large properties in Bedford and Pound Ridge to residential backyards in neighborhoods like Gedney Farms. We know where people ride, including areas near parks like Saxon Woods or the North County Trailway.
This familiarity helps us investigate your claim effectively. We understand the terrain and the types of properties where these accidents happen. This local insight gives your claim a powerful advantage.
We Handle Sensitive Cases with Care
Many ATV accidents happen on property owned by a friend or family member, which may create a difficult and awkward situation, as you don't want to sue someone you know. A White Plains ATV accident lawyer from our firm handles these dynamics with professionalism and compassion.
We make a claim against the property owner’s homeowner's insurance policy. This isn’t a personal attack; it’s a request for a large insurance company to cover the costs of your injuries as provided for by the policy.
Contact the Law Offices of Jason B. Kessler to discuss your situation at (914) 220-1088.
Investigating All Avenues for Compensation
Unlike a crash on a public road, an ATV accident often has multiple potential sources of liability. A successful claim depends on a thorough investigation into every factor that led to your injuries. Your attorney explores all possible avenues to make sure every responsible party is held accountable.
We look beyond the rider's actions to uncover the true cause of the crash. Our investigation is detailed and uncovers evidence others might miss.
Property Owner
Owners who allow others to ride ATVs on their land have a responsibility to keep their property reasonably safe. When they fail to warn guests about known, hidden dangers, they can be held liable for any resulting injuries.
Your White Plains ATV accident lawyer will investigate the property for hazards that might have caused your crash.
These dangerous conditions could include:
- Hidden Obstacles: Unmarked hazards like trenches, stumps, or low-hanging wires can easily cause a rider to lose control and crash.
- Dangerous Terrain: An owner who knows about a sudden, unmarked drop-off or a dangerously steep incline has a duty to warn riders about it.
- Lack of Supervision: If a property owner allows inexperienced riders, especially minors, to use an ATV without proper supervision or instruction, they may be negligent.
Another ATV Rider
Sometimes, an ATV accident is caused by the carelessness of another rider. Just like drivers on the road, ATV operators must ride in a way that doesn't put others at risk. A person who acts recklessly and causes you harm can be held financially responsible.
Your White Plains ATV accident lawyer will investigate whether another rider's actions led to your injuries. Examples of rider negligence include operating the ATV while under the influence of alcohol or drugs, riding at excessive speeds for the conditions, or engaging in dangerous stunts that put others in jeopardy.
ATV Manufacturer Defects
Some accidents aren’t caused by the rider or the property but by the ATV itself. When a manufacturer puts a defective or unstable product on the market, it can be held accountable for the resulting injuries.
Design flaws may have contributed to your accident. Common defects include a high center of gravity that makes the ATV prone to rollovers during normal turns, brake failure, or throttle defects.
The Role of Homeowners Insurance in Your Claim
One of the biggest sources of confusion after an ATV accident is how medical bills and other losses get paid. New York's no-fault law doesn’t apply to ATVs, which means your own auto insurance won’t cover you. Instead, the claim is often directed toward a homeowner's insurance policy.
If your accident was caused by a property owner's negligence, your claim is filed against their homeowner's insurance. If it was caused by another rider's negligence, the claim might be made against their homeowner's policy.
Available Compensation After an ATV Crash in White Plains
The sheer force involved in an ATV crash, especially a rollover, often leads to catastrophic, life-altering injuries. The compensation you seek must reflect the total impact this event has had on your life.
A successful outcome provides you with the financial resources to cover your past bills and secure your future. New York law allows you to seek compensation for both your financial costs and the personal harm you have experienced.
Economic Damages
These damages represent every out-of-pocket expense and financial loss related to your ATV accident. Your White Plains ATV accident lawyer documents these losses with bills, receipts, and income statements.
A full claim for economic damages seeks compensation for the following:
- Medical Treatment: This covers every expense, from the ambulance and initial hospitalization to surgeries, rehabilitation, physical therapy, and any long-term care you may require.
- Lost Income: This provides payment for all the wages, salary, and benefits you lost from being unable to work during your recovery period.
- Future Financial Needs: If your injuries result in a permanent disability, your claim includes compensation for your future loss of earning capacity and ongoing medical expenses.
Non-Economic Damages
These damages compensate you for the immense physical and emotional suffering the ATV accident has caused. While this harm doesn't come with a price tag, it’s a very real and significant part of your claim.
Non-economic damages address your:
- Pain and Suffering: This is compensation for the physical pain, emotional trauma, and mental anguish you have endured because of your severe injuries.
- Loss of Enjoyment of Life: The accident may have taken away your ability to participate in hobbies, work, or daily activities that you once enjoyed, and you are compensated for this loss.
- Permanent Scarring and Disfigurement: This provides specific compensation for any permanent changes to your appearance caused by your injuries, such as scars from road rash or surgeries.
ATV Accidents on Public Roads
Riding an ATV on a public road, street, or highway in the city of White Plains is illegal. The insurance company for the car that hit you will seize on this fact.
They’ll likely argue that because you weren’t supposed to be there, you’re automatically 100% at fault for your own injuries, regardless of what their driver did. This is not true.
A driver's responsibility to operate their vehicle safely doesn’t evaporate simply because you were on an ATV. If the driver was also negligent (e.g., speeding, texting, or running a stop sign), they share the blame for causing the crash.
Under New York's comparative negligence law, multiple people (including you) may be at fault. If you’re partially at fault for the wreck, your claim for compensation gets reduced by your percentage of blame.
For example, if a jury determines you were 25% at fault for riding on the road, your total compensation would be reduced by 25%. Your White Plains ATV accident lawyer’s job is to minimize your percentage of fault by proving the driver's negligence was the primary cause of the collision.
We fight to show that while you may have been in the wrong place, the driver's careless actions ultimately caused your serious injuries.
FAQ for White Plains ATV Accident Lawyer
Who Pays My Medical Bills After an ATV Wreck?
Since ATVs aren’t covered by New York's no-fault auto insurance, you must first use your own health insurance to pay for your medical treatment. Your White Plains ATV accident attorney will then seek to recover these costs from the at-fault party's insurance.
Can I Sue the Property Owner if I Crashed on Their Land?
Yes, you can file a claim against a property owner if their negligence caused your accident. This often applies if the owner failed to warn you about a hidden and dangerous condition on their property, such as an unmarked ditch, wire, or steep drop-off.
Can a White Plains ATV Accident Lawyer Help Me if I Was Trespassing When My Accident Happened?
Even if you were trespassing, you might still have a case. While property owners have limited responsibility for a trespasser's safety, they’re not allowed to intentionally create a hidden trap or a dangerous condition to cause harm.
If your injuries were caused by this type of willful or malicious conduct by the landowner, you may still be able to seek compensation. A White Plains ATV accident attorney can evaluate the specific, complex facts of your situation.
My Child Was Injured on an ATV at a Friend’s House. What Are Our Rights?
When a child is injured, the law closely examines the level of adult supervision. If the property owner allowed your child to ride the ATV without adequate supervision, instruction, or the proper safety equipment, they may be held responsible for the accident.
The claim is typically made against their homeowner's insurance policy, which exists to cover these exact situations. An experienced lawyer can help you pursue this sensitive claim with care.
What if I Think a Defect in the ATV Caused the Crash?
If you believe a mechanical failure or design flaw caused your accident, tell your attorney immediately. Don’t have the ATV repaired or destroyed; it’s the most crucial piece of evidence.
Your White Plains ATV accident lawyer will have the vehicle examined by an engineering professional to determine if a defect like an unstable design, brake failure, or faulty throttle contributed to the wreck. If it did, you may have a liability claim against the manufacturer.
Find Your Path Forward
The confusion and pain after an ATV accident can feel insurmountable, but you don't have to navigate this journey alone. There is a clear path to justice, and it starts with getting a strong, knowledgeable advocate on your side.
Let the Law Offices of Jason B. Kessler handle the legal battle while you concentrate on your recovery. We know how to untangle these complex cases and fight for the resources you need.
Call the Law Offices of Jason B. Kessler today at (914) 220-1088 for a free, no-obligation consultation