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Call Us NowATV Accidents in Nevada – Who can I sue?
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People injured in ATV accidents in Nevada may be able to sue the following five parties:
- The other driver(s) or pedestrians that caused the accident;
- The ATV manufacturer, if a defective part caused the accident;
- The ATV dealer or rental company that sold or leased the defective vehicle;
- Mechanics who may have damaged the ATV; and/or
- The landowner where the accident occurred if a property hazard caused the accident.
A personal injury attorney can help the victim determine which parties are at fault. In some cases, an accident reconstruction expert can be brought in to help determine what happened.
What legal claims can I bring?
Depending on the circumstances of the ATV crash, victims may be able to sue the responsible parties for:
- Negligence;
- Negligence per se;
- Defective design/products liability; and/or
- Wrongful death.
An experienced ATV accident attorney can determine which legal claims are the most viable and which potential defendants have the deepest pockets and largest insurance company policies.
ATV crashes can result in serious injuries such as traumatic brain injuries and spinal cord injuries. And some crashes result in fatalities to the ATV drivers.
How much money can I sue for?
People injured in an ATV accident in the state of Nevada may be able to recover compensatory damages for:
- Medical bills,
- Property damage,
- Lost wages,
- Loss of future earnings, and/or
- Pain and suffering.
In cases that go to trial, the personal injury lawyer can 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
Note that the vast majority of accidents resolve out of court through negotiation alone.
ATVs are a type of off-road motor vehicle/off-highway vehicle (OHV).
How long do I have to file an ATV lawsuit?
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 |
| Wrongful death | 2 years after the death |
| Property damage | 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.2 But ATV accident victims are encouraged to consult a law firm as soon as possible. It takes time to craft an effective personal injury case.
If you have been injured in an all-terrain vehicle accident, a recreational vehicle accident, or other car accident in Nevada, contact our Las Vegas ATV accident lawyers for legal advice. Our Las Vegas personal injury lawyers serve clients throughout the state.
Also see the Consumer Product Safety Commission (CPSC) – ATV Safety.
Legal References
- Nevada Revised Statute 42.005.
- NRS 11.190. See also Ainsworth v. Combined Ins. Co., (1988) 104 Nev. 587, 763 P.2d 673. See also Cerminara v. California Hotel & Casino (1998), 104 Nev. 372, 760 P.2d 108.
About the Author
Neil Shouse
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.