Riding all-terrain vehicles (ATVs) on trails and courses is a popular pastime in South Carolina. Still, it is also a relatively dangerous hobby. ATVs don’t offer much protection, and accidents rarely leave victims unscathed, potentially requiring compensation in a lawsuit.
To see if you can sue after your recent ATV accident, our lawyers will review the crash’s circumstances in detail. If you were hurt in an accident on a public road, you may file a claim against the at-fault driver despite your ATV not being street-legal. Suing landowners for off-road accidents is a different story. Landowners who do not charge fees to riders are typically only liable for accidents caused by gross negligence. On the other hand, landowners who do charge have broader liability, and we can check whether you have a case.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for help from our South Carolina personal injury lawyers.
Can You Sue After an ATV Accident on Public Roads in South Carolina?
ATVs aren’t street-legal in South Carolina. Because they are designed for off-road use, ATVs do not have the proper safety features, like airbags and seat belts, to operate on public roads.
Because ATVs are not street-legal, getting into an accident on a public road could cause problems. It may not necessarily bar ATV riders from filing lawsuits, but damages could be reduced. South Carolina is a modified comparative fault state, so victims who share fault will see their damages lowered proportionally.
Driving on a public road breaks the law and might reduce your damages. However, damages would be reduced further if you were doing more than just crossing the street or were seen weaving through traffic.
Even though an ATV is not street-legal, do not let that stop you from calling the police and getting help from law enforcement and paramedics. Especially if you are injured, call 911.
Can You Sue After an ATV Accident on Private Property in South Carolina?
Whether or not you can sue after an ATV accident on private lands might hinge on whether you paid the landowner a fee. These cases sometimes involve liability waivers and other roadblocks to recovery, and our Lake City, SC personal injury lawyers can fight such hurdles in your case.
No Fee Paid
Private landowners who allow people to use their lands for recreational purposes without a fee have very limited liability. This encourages land use for hiking, fishing, off-roading, etc., by reducing when landowners can be sued.
S.C. Code Ann. § 27-3-30 says landowners have no duty to maintain safe properties or even warn of dangerous conditions when they do not charge fees for recreational use. The only exceptions are listed under § 27-3-60, allowing lawsuits for injuries caused by grossly negligent, malicious, or willful failure to warn against dangerous conditions.
If you did not pay a fee but someone other than the landowner caused your injuries – like another ATV rider – they could be liable for your damages.
Fee Paid
The other exception to limitations on landowner liability occurs if landowners charge fees to ATV riders. Courses and trails designed specifically for ATVs may charge riders for access, which could create liability for accidents from unsafe property.
To protect themselves in such cases, landowners may have riders sign liability waivers. While these waivers are not ironclad and might not hold up in court, victims might unintentionally wait to sue, thinking the waiver blocks lawsuits.
In the worst-case scenario, this could lead to your missing the statute of limitations (three years under § 15-3-530). Suppose you paid a fee and signed a waiver. In that case, our attorneys can quickly review the waiver and look for typical reasons to void it, such as public policy violations or convoluted and vague language.
Should You Sue After an ATV Accident in South Carolina?
As mentioned, ATVs don’t have seat belts or airbags to protect riders. They do not have enclosed cabins, either, increasing the risk of riders getting thrown from vehicles during accidents and suffering bad injuries.
Even wearing helmets, which is only required for riders 15 and younger, does not stop all traumatic brain injuries or skull fractures.
If someone else is liable for your injuries, you should consider filing a lawsuit. Medical treatment is expensive, even for minor injuries. You might not have the resources to pay hospital bills, especially if you can’t work.
You should contact us about your case as soon as possible. This gives us nearly all the three-year statute of limitations to prepare and file your lawsuit.
What Damages Can You Sue for After a South Carolina ATV Accident?
Once our lawyers confirm you have a case and legally can file a lawsuit for your ATV accident, you can sue for all damages you have incurred. When victims file claims for gross negligence, they might also receive punitive damages on top of these damages.
Economic Damages
Economic damages are any concrete bills or costs we can point to after an accident. This starts with medical expenses. We’ll include bills from your first trip to the emergency room and invoices from appointments with specialists. Permanent and bad injuries, like spinal cord damage, have long-term consequences. We’ll factor future surgeries or treatments into damages calculations, so you don’t have to worry about those costs down the line.
Economic damages include your lost wages, too. Missing any amount of work makes staying afloat harder for victims. We can calculate lost wages using income records and experts’ help.
Non-Economic Damages
Additionally, intangible damages, like reduced quality of life, physical pain, mental suffering, and other harms that do not have inherent monetary value qualify as “non-economic” damages. Sharing details about your pain and suffering when you testify can aid your recovery.
Our lawyers won’t underestimate your non-economic damages from an ATV accident. We can reject settlement offers that don’t cover intangible losses and keep negotiating until offers improve. If that doesn’t happen, victims can go to court to claim non-economic damages from jury awards.
Call Us After Your ATV Accident in South Carolina
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 to discuss your case for free with our Columbia, SC personal injury lawyers.
