Every day innocent victims are injured or killed in Nevada auto accidents. Our attorneys can help you to get justice and compensation.
If you are injured in an ATV (all-terrain vehicle) accident in Nevada, you may be able to sue one or more of the following eight parties:
I can help you determine which parties are at fault so that everyone who caused your injuries is held responsible.
In my experience bringing ATV crash lawsuits in Nevada, the most common claims we bring against the responsible parties are:
I have seen many cases where the ATV driver was a young teenager or child who was not under parental supervision. Here, victims can sue the parents for negligence for not properly supervising their child.
If you are injured in an ATV accident in Nevada, I would seek to recover compensatory damages for your:
In cases that go to trial, I would also fight for punitive damages if the behavior of the at-fault party (defendant) was particularly shocking or malicious. Nevada state law caps punitive damages at three times the amount of compensatory damages or at $100,000 – whichever is higher.1
The vast majority of lawsuits resolves out of court through negotiations alone with the defendants’ insurance companies. Defendants are often willing to offer a favorable settlement to avoid the bad publicity of a trial.
Even if you were partly at fault for the ATV accident, Nevada’s modified comparative negligence law permits you to still recover damages. The only condition is that you were no more than 50% at fault.2
Example: You are biking on a trail when an ATV collides into you, causing you $100,000 in damages. The court finds that you were 50% at fault because you were listening to music and not wearing a helmet. Therefore, you could still recover up to $50,000 (half of $100,000).
Evidence I frequently rely on to place blame on the defendants include:
In my experience, it is an uphill battle for ATV drivers to win any damages if at the time of the crash they were intoxicated or driving the ATV on a public road, both of which are against Nevada law.
Most ATV companies require you to sign a liability waiver before you can drive their vehicles. By signing, you waive the right to sue the company for negligence.
Even if you sign a liability waiver however, you can still sue the ATV company for:
This is true no matter what the liability waiver says.
Note that if a minor (under 18 years old) signed a liability waiver, it is unenforceable since minors cannot enter into contracts.3
In Nevada, the statute of limitations to file a lawsuit depends on the legal grounds:
Nevada legal claim in ATV cases
Statute of limitations
|Negligence for personal injury
|2 years after the ATV injury
|2 years after the death
|3 years after the crash
|Product liability (for design defect)
|4 years after the crash
The statute of limitations can pause (“toll”) in certain cases under Nevada law.4 Though ATV accident victims are encouraged to contact me as soon as possible because it takes time to craft an effective personal injury case.
In my experience, ten reasons ATV accidents occur are:
Note that similar to cars, ATVs get recalled all the time due to design defects. Some of the recent ones involved Honda, Yamaha, Polaris Industries, and Kawasaki.
ATV crashes are often fatal, especially in rollover accidents since these vehicles lack exterior protection. Between 2016 and 2018, 33 people died in ATV accidents in Nevada.5
People who survive commonly sustain:
During settlement talks, I make sure to fight for enough money to cover your past and future medical expenses. This may include extensive rehabilitation and home health care for life.
For ATVs operated off-highway in Nevada, there are no requirements regarding:
If your local government permits you to drive the ATV on a road or highway, then you need to wear a helmet and abide by local ordinances. Local laws can require you to be at least 16 to drive an ATV on-highway without adult supervision.
In any case, you have to register and title your ATV with the Nevada Off-Highway Vehicle Program and display the decal on the ATV unless:
Under Nevada law, an all-terrain vehicle (ATV) is:
“a motor vehicle that is designed primarily for off-highway and all-terrain use. The term includes, but is not limited to: (a) An all-terrain vehicle; (b) An all-terrain motorcycle; (c) A dune buggy; (d) A snowmobile; and (e) Any motor vehicle used on public lands for the purpose of recreation.”7
ATVs typically have three or four low-pressure wheels with handlebars used for steering. Many people use them recreationally, though they are useful for surveying land, hunting game, and farming.
For more information, refer to the following:
Learn more about my team of Las Vegas ATV accident lawyers.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.