OFF-ROAD VEHICLE / ATV ACCIDENTS
INFORMATION AND WHAT TO DO
Get Hands-on Training
Many deaths and injuries occur when an inexperienced driver loses control of an ATV, is thrown from an ATV, overturns the off-road vehicle, or collides with a fixed object or a car. Hands-on training can give experienced and first-time riders the skills to handle the multiple riding situations that can happen in off-road conditions.
In the unfortunate event of an off-road vehicle or ATV accident, it’s wise to call an experienced off-road vehicle attorney. The team at Murphy Law Firm can help you learn your rights when it comes to ATV accidents.
Perhaps you were riding along and your brakes stopped working, or the vehicle flipped even though you were obeying the operator’s manual. Cases involving a defective or dangerous vehicle part take the form of product liability lawsuits. In these personal injury claims, you will not have to prove the manufacturing company or other defendant was negligent in the creation of the off-road vehicle or one of its components. You will simply have to show that the off-road vehicle had a defect and that this defect caused your accident.
In Louisiana, you have just one year from the date of your ATV accident to bring a claim against a manufacturing company or distributor. Our firm of personal injury lawyers can help investigate whether there was a design flaw, manufacturing mistake, or marketing error that caused your accident.
The ATV accident lawyers at Murphy Law Firm can evaluate your case during a no obligation or fee consultation while helping you identify your rights regarding your accident. Call Murphy Law Firm at (225) 928-8800 for more information.
Art. 2323. Comparative fault
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.