With more and more people riding ATVs, accidents are becoming more common. According to the American Academy of Orthopedic Surgeons, the ATV driver sustains 80 percent of injuries in an accident.
When an ATV accident occurs, accident liability will be determined. Even a person who is partially at fault for the accident can still recover compensation for damages. A West Virginia personal injury lawyer in Clarksburg can help accident victims sort out liability.
West Virginia Negligence Laws
Each state has its own laws regarding accident liability, and West Virginia is no exception. West Virginia recognizes modified comparative fault – 50 percent rule. A person who is at least 50 percent liable for an accident cannot recover any compensation for damages.
However, if the person’s percentage of fault is at 49 percent or below, then he or she is able to file a lawsuit for recovery. The total amount of compensation is decreased by the percentage of fault. For example, someone who is deemed 10 percent liable for an accident will receive more compensation than someone who is 20 percent at fault.
Fault may be determined by the insurance company or, if the case is taken to court, a judge and jury. But a West Virginia personal injury lawyer in Clarksburg can help victims of these accidents present evidence that demonstrate fault to protect the victim from being barred from recovery.
Contact a West Virginia Personal Injury Lawyer in Clarksburg
If a person is injured in ATV accident and considered partially at fault, hope is not lost. Even partially liable parties may be able to file an injury claim and seek some portion of the damages incurred. Contact the Miley Legal Group at (304) 931-4088 for help establishing accident liability for an ATV accident.