Four Wheeler accident

[mwilkins]

What is the name of your state (only U.S. law)?

Accident in Texas.

I am the owner of a fairly large four wheeler. Today an individual (adult) was allowed to ride said four wheeler. This particular adult was told that the four wheeler was heavy and has exceptional power. His response was that he was an experienced and knowledgeable rider.

While climbing a hill, the individual stopped at the top of the hill before completing the climb. The four wheeler began to roll backwards and the individual applied the brakes causing the four wheeler to roll backwards over on him.

From the last update that was given from his friends, he has suffered a crushed vertebrae in his lower back and will require surgery.

So the obvious question is can I be held liable for any of the cost of his injuries?

Thanks,

 

[OHRoadwarrior]

Possibly, report it to your 4 wheeler insurance company.

 

[RRevak]

Possibly, report it to your 4 wheeler insurance company.

Atv's are not required to be registered or insured in Texas. In fact, most people don't insure their 4 wheelers because the general liability is on the operator unless the the ATV is defective, the owner is fully aware of the defect, and still allows another person to operate the ATV. So the answer to this situation requires a few more questions for OP.

 

[mwilkins]

Atv's are not required to be registered or insured in Texas. In fact, most people don't insure their 4 wheelers because the general liability is on the operator unless the the ATV is defective, the owner is fully aware of the defect, and still allows another person to operate the ATV. So the answer to this situation requires a few more questions for OP.

This ATV does not have insurance on it as it is paid for. I figured if it ever got messed up from an accident, I would just pay for the repairs. It is a 2013 Can Am Outlander 800 Max XT. No defects or any other mechanical problems and was just serviced about a month ago. The individual riding the ATV was fully aware of all controls and had previously climbed several hills prior to the accident without issue. It might also be mentioned that he had also ridden my 2013 Can Am Outlander 1000 Max XT and another ATV not owned by me prior to the accident.

If this individual were to try and go after me, can I be singled out and not the land owner where we were riding? It was on residents private land.

 

[RRevak]

This ATV does not have insurance on it as it is paid for. I figured if it ever got messed up from an accident, I would just pay for the repairs. It is a 2013 Can Am Outlander 800 Max XT. No defects or any other mechanical problems and was just serviced about a month ago. The individual riding the ATV was fully aware of all controls and had previously climbed several hills prior to the accident without issue. It might also be mentioned that he had also ridden my 2013 Can Am Outlander 1000 Max XT and another ATV not owned by me prior to the accident.

If this individual were to try and go after me, can I be singled out and not the land owner where we were riding? It was on residents private land.

Generally the victim of an ATV accident cannot collect damages unless they can prove negligence. In order to do this, they must show that the ATV accident falls under at least one of the following criteria:
Caused harm
Was caused by another person’s carelessness
Was the fault of another person

Since most ATV accidents are the direct fault of the person operating the ATV (not the owner) the majority of liability cases are denied. Now, since this is a pretty nasty accident I would definitely consult w a local attorney just to be sure you don't have some residual liability hiding somewhere, or things are different where you are, but from everything I know about ATV laws (and a bit of reading for your state) I don't see anywhere this person can sue you and win. But still, a quick consultation with an attorney won't hurt you.

 

[mwilkins]

I don't see anywhere this person can sue you and win. But still, a quick consultation with an attorney won't hurt you.

Hopeful on the first comment and agreed on the second. Have already started that process. Awaiting a call back right now from my general attorney on a referral to a person better suited to answer my questions. I would also be hopeful that a friend would not try to sue me. It is a fear of everyone else around him that may be trying to get him to file suit and influence the situation.

 

[RRevak]

Hopeful on the first comment and agreed on the second. Have already started that process. Awaiting a call back right now from my general attorney on a referral to a person better suited to answer my questions. I would also be hopeful that a friend would not try to sue me. It is a fear of everyone else around him that may be trying to get him to file suit and influence the situation.

Unfortunately your friend isn't just injured, they're massively injured. Many years ago I knew someone who had a similar atv rollover accident. A broken neck left him a quadriplegic. One of the saddest situations I've ever heard of since he was a wonderful man but sadly was the main source of his families income. Depending on the quality of life he'll have after recovery, its not beyond the realm of possibility that a lawsuit is considered on the part of your friend. Esp once medical bills start rolling in. As I stated before, based on the details you provided I don't see much room for a successful suit but I also know stranger things have happened. Good luck to you and might I suggest in the future you not letting others drive your ATV's. I know I certainly never let others drive mine and its for this very reason I say i'm sorry but no.

 

[ecmst12]

Heck it's for reasons like this that I wouldn't want to drive one myself!

 

[RRevak]

Heck it's for reasons like this that I wouldn't want to drive one myself!

They really are a lot of fun BUT they can also be extremely dangerous in the hands of inexperienced drivers. If everything this OP stated is correct then this person really didn't have the experience he claimed to have since anyone who knows what they're doing would have NEVER hit the breaks on an incline like that. But OP needs to know that in the future letting others drive such high powered and potentially dangerous equipment opens the door for problems. I have 2 similarly high powered ATV's and I never let anyone other than my husband or myself drive them. I just don't trust someone to be honest about their level of experience and even though I'm aware of liability and fault, its still not a risk i'm willing to open myself up to.