Nevada’s wide-open spaces are perfect for off-roading, but ATV accidents can result in catastrophic injuries. If you or a loved one has been injured in an ATV crash, Maier Gutierrez & Associates is here to help. Our ATV accident lawyers handle cases involving defective equipment, dangerous trails, and reckless operation. We’ll help you understand your legal options and pursue compensation for your injuries and losses. Your road to recovery starts with a free consultation—call 775-406-8981 today to speak with an experienced ATV accident lawyer who will advocate fiercely on your behalf.
How to File a Claim After an ATV Crash
ATV riding is a popular activity in Nevada. With miles of desert terrain and off-road trails, it’s easy to see why riders enjoy exploring the outdoors on all-terrain vehicles. But accidents happen, and when they do, they can lead to serious injuries. If you’ve been hurt in an ATV crash—whether as a driver, passenger, or bystander—you may be wondering what steps to take to protect your legal rights and pursue compensation. Filing a claim can be more complicated than people expect, especially when it comes to proving fault and identifying who may be responsible.
Understanding Liability in an ATV Crash
The first step in filing any injury claim is figuring out who is legally responsible for the accident. In ATV crashes, there are several potential sources of liability. It might be the driver of the ATV, the owner of the property where the crash happened, the vehicle’s manufacturer, or even another rider.
For example, if someone was recklessly operating an ATV and caused a collision, that rider may be held liable. If the crash occurred on poorly maintained land with hidden hazards, the property owner could be partially responsible. In some cases, a manufacturing defect in the ATV may be to blame, which could open the door to a product liability claim.
Because multiple parties might be involved, it’s important to investigate the crash thoroughly. That often means taking photos of the scene, gathering witness statements, and reviewing medical records and maintenance logs. A personal injury lawyer can help collect and preserve this kind of evidence.
Report the Accident and Seek Medical Attention
If you’re injured in an ATV accident, get medical attention immediately—even if your injuries seem minor. Some conditions, like internal bleeding or concussions, aren’t always obvious at first. Seeing a doctor creates a medical record that ties your injuries directly to the accident, which can be critical later when you’re building your claim.
If the crash occurred on public land or resulted in serious injury, it may need to be reported to law enforcement or another authority, such as the Bureau of Land Management. Reporting requirements can vary based on location and the nature of the crash, so be sure to document the incident and ask for a copy of any official report.
Nevada’s Laws Regarding Off-Road Vehicles
Nevada doesn’t treat ATV use the same way it treats standard passenger vehicle use. Most ATVs aren’t required to be registered for street use, and they’re typically driven on designated trails or private land. That said, the law still imposes duties on ATV riders—such as operating the vehicle safely, avoiding reckless behavior, and following posted trail rules.
Helmets are required for ATV riders under certain conditions, especially when riding on public lands. If a rider wasn’t wearing a helmet at the time of the crash, insurance companies may argue that the injury was partly the rider’s fault. However, Nevada follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault—your compensation may just be reduced by your percentage of fault.
Insurance Coverage and Claim Options
Unlike traditional car insurance, many ATV owners don’t carry specific insurance coverage for off-road vehicles. That can make it difficult to file a claim unless there’s another party involved who does have coverage.
If another person caused the crash, you may be able to file a liability claim under their homeowners, renters, or recreational vehicle insurance policy. If the ATV was rented, the rental company may carry insurance or be responsible for upkeep and safety measures. And if the accident happened due to a faulty part or defective design, a product liability claim may be filed against the manufacturer.
In cases where no insurance is available and the responsible party lacks assets, victims sometimes have to rely on their own medical insurance or personal injury protection (if they carry it). An experienced attorney can help you explore all possible avenues of compensation.
Filing a Personal Injury Claim
Once you’ve identified who may be responsible and what insurance or legal options exist, the next step is filing a personal injury claim. In Nevada, the statute of limitations for personal injury is typically two years from the date of the accident. If you miss this window, you may lose the right to pursue your case entirely.
A typical claim will include medical records, evidence of lost wages, pain and suffering, and proof of how the crash occurred. These claims are usually submitted to the responsible party’s insurance company. In some situations, your lawyer may recommend filing a lawsuit if a fair settlement can’t be reached through negotiation.
Keep in mind that ATV claims can take longer to resolve than typical car accidents. That’s often because of unclear liability or lack of traditional insurance coverage. The more documentation you have, the stronger your case will be.
Compensation You May Be Entitled To
If your claim is successful, you may be able to recover compensation for:
- Medical expenses (past and future)
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage (if your ATV or equipment was damaged)
The amount you can recover depends on the severity of your injuries, the impact on your daily life, and how clear the liability is. Insurance companies may try to downplay your claim or shift blame, so having a legal advocate on your side is often beneficial.
ATV accidents can leave you dealing with more than just physical pain. They can lead to lost time at work, long-term medical care, and stress about how to move forward. Knowing what steps to take—and acting quickly—can improve your chances of recovering fair compensation.
Guidance from a Nevada ATV Accident Attorney
ATV accidents can result in devastating injuries, and a skilled ATV accident attorney can help you seek compensation for the losses you’ve suffered. Maier Gutierrez & Associates understands the challenges injured riders face and is here to support you with strong legal representation. Whether your case involves a negligent operator, defective vehicle, or unsafe trail, we’re prepared to investigate and build a compelling claim. Let our experience work for you. Contact us at 775-406-8981 for a free consultation with a trusted ATV accident attorney ready to stand up for your rights.