What to do after an ATV accident on someone’s property

Riding an all-terrain vehicle (ATV) across Scranton’s rolling hills and scenic trails is fun. But that thrill can quickly turn into a legal nightmare when an unexpected accident happens on private land. In an instant, injured victims face a barrage of questions on liability, insurance and legal recourse. Finding clarity is a challenge to overcome to secure fair compensation.

Determining accident liability on private property

Unlike public roads with clearly defined traffic laws, courts may examine several other factors in private property accidents:

  • Did the landowner know about and allow ATV use?
  • Were you invited, allowed or trespassing?
  • Was the land in good shape? Were there any dangers?
  • How experienced and careful was the ATV driver?

In Pennsylvania, landowners have different duties based on why you were there. They usually owe more care to invited guests than to trespassers.

Looking at your legal options

Figuring out who’s responsible for ATV accidents on private land can be tricky. If you get hurt in an ATV accident on private land, potentially liable parties include:

  • The landowner, if they didn’t keep the land safe or warn about dangers
  • The ATV maker or seller, if the ATV was faulty
  • The other rider, if their careless actions caused injuries and other damages

In Pennsylvania, you usually have two years to file a lawsuit for injuries. It’s crucial to act promptly and catch the specific deadlines for your case. You could also look into filing an insurance claim with the landowner’s home insurance or your own policy.

Protecting your rights

Details matter when it comes to preserving evidence. After an ATV accident on private land:

  • Get medical help right away, even for minor injuries
  • Take photos of where the accident took place, your injuries and other damages
  • Get contact info from witnesses and others involved
  • Don’t talk about who’s at fault or give statements to insurance companies without a lawyer
  • Keep track of all your medical care, costs and how the injury affects your life

The thrill of ATV riding shouldn’t come at the cost of your well-being or financial security. You can consider working with an experienced personal injury attorney for help in reviewing your options.

When you have an understanding of your rights and the potential legal pathways you can take, you’re better equipped to face the challenges that may arise from an ATV accident on private land. Stay safe, stay informed and enjoy your rides with peace of mind.