Off road accident

[lisa75074]

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

I was involved in an off road accident. I was a passenger riding on the back. I suffered injuries. I do not have health insurance, the driver and owner was to help pay the medical bills. They are about $40k+. Now refusing to help pay them after repeated attempts and an offer of discounts, payment plans, and what not. I asked for half of what I have paid, which half is around $4K, the rest are on a payment plan, and I asked for half the payment every month. Can I take the bills and split the ones off that total less than $10K and add residual injury to get it to the $10K small claims court limit to keep it in small claims or would it be dismissed and possibly I couldn't take them to a higher court if I just try for the $10k limit in small claims?

Thanks for any help in advance.

 

[Zigner]

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

I was involved in an off road accident. I was a passenger riding on the back. I suffered injuries. I do not have health insurance, the driver and owner was to help pay the medical bills. They are about $40k+. Now refusing to help pay them after repeated attempts and an offer of discounts, payment plans, and what not. I asked for half of what I have paid, which half is around $4K, the rest are on a payment plan, and I asked for half the payment every month. Can I take the bills and split the ones off that total less than $10K and add residual injury to get it to the $10K small claims court limit to keep it in small claims or would it be dismissed and possibly I couldn't take them to a higher court if I just try for the $10k limit in small claims?

Thanks for any help in advance.

Why do you believe that the driver and owner are responsible? (Look up assumption of risk)

 

[lisa75074]

I have read up on that, and it's my understanding that doesn't apply.

 

[Zigner]

I have read up on that, and it's my understanding that doesn't apply.

Why do you think it doesn't apply? You willing engaged in a dangerous activity with known risks.

 

[lisa75074]

All-terrain Vehicles

Of all off-road vehicles, all-terrain vehicles, or ATVs, result in the highest number of injuries and fatalities each year. The purpose of ATVs is to drive on designated off-road courses, over hills and mountains, traversing rocks, on beaches, and maneuvering in forested areas.

ATVs come in three-, four- and even six-wheel versions. Their speeds can reach up to 45 miles an hour and they can weigh up to 1,000 pounds. Most states don't require a driver's license to operate one, so drivers are often 15 years old or younger. An untrained, inexperienced or intoxicated driver can easily flip one over on top of himself or his passengers.

Although some new ATVs have seatbelts, there are few other safety features. Common accidents involve rollovers and collisions with other vehicles and solid objects. Injuries include lacerations, contusions, abrasions, minor burns, and whiplash. More serious injuries are broken bones, back and spinal cord injuries, brain trauma, skull fractures, second- and third-degree burns, and death.

Factors in ATV accidents include:

Inadequate maintenance of engines, worn brakes, steering malfunctions, etc.
Manufacturer's defective parts and equipment
Driver inexperience, intoxication, and recklessness
Who's liable?

Driver
Owner
Parents (if driver is minor)
Property owner
Manufacturer (if caused by a defective part)
Drivers and owners of other ATVs and vehicles who caused the collision

Assumption Of Risk and Comparative Negligence

There are some exceptions to the duty of care requirement. The courts have traditionally said that drivers, passengers, and spectators injured in off-road vehicle accidents who contributed to their own injuries may not receive compensation, wholly or partially, even if the driver or owner's negligence is clear. The courts based their decisions on the theory of assumption of the risk.

Assumption Of the Risk

If you knew the operator of the off-road vehicle was inexperienced or intoxicated, and you still mounted the vehicle as a passenger, you assumed the risk of injury. If you were trespassing or knew the property was dangerous and ignored the danger, you may have again assumed the risk.

In off-road vehicle accident cases, the courts have said:

...where a driver or passenger knows a danger exists and voluntarily places himself in that danger, he will have assumed the risk of injury and therefore may be wholly or partially barred from recovery of damages."
Example of assuming the risk

John asked Bill to take a ride on his new ATV. Bill knew John just purchased the ATV and had no experience driving it. Bill also knew John had drunk a few beers, but he decided to go for a ride anyway. Within minutes, John ran the ATV into a local pond.

Bill was seriously injured and his medical bills totaled more than $10,000. In an ensuing lawsuit Bill filed, the jury found Bill assumed the risk when he got on the ATV knowing John had no experience and had drunk a few beers. The jury awarded Bill nothing. NONE OF THIS APPLIES.

And i talked to 2 attorneys that both wanted the case, but I really just dont want to do that to somebody because they wanna go for everything he owns or will ever and I have to live with myself and what i do to other people.

 

[xylene]

Tough story, but you need to look out for your self and go with the lawyer you trust.

 

[Zigner]

All-terrain Vehicles

Of all off-road vehicles, all-terrain vehicles, or ATVs, result in the highest number of injuries and fatalities each year. The purpose of ATVs is to drive on designated off-road courses, over hills and mountains, traversing rocks, on beaches, and maneuvering in forested areas.

ATVs come in three-, four- and even six-wheel versions. Their speeds can reach up to 45 miles an hour and they can weigh up to 1,000 pounds. Most states don't require a driver's license to operate one, so drivers are often 15 years old or younger. An untrained, inexperienced or intoxicated driver can easily flip one over on top of himself or his passengers.

Although some new ATVs have seatbelts, there are few other safety features. Common accidents involve rollovers and collisions with other vehicles and solid objects. Injuries include lacerations, contusions, abrasions, minor burns, and whiplash. More serious injuries are broken bones, back and spinal cord injuries, brain trauma, skull fractures, second- and third-degree burns, and death.

Factors in ATV accidents include:

Inadequate maintenance of engines, worn brakes, steering malfunctions, etc.
Manufacturer's defective parts and equipment
Driver inexperience, intoxication, and recklessness
Who's liable?

Driver
Owner
Parents (if driver is minor)
Property owner
Manufacturer (if caused by a defective part)
Drivers and owners of other ATVs and vehicles who caused the collision

Assumption Of Risk and Comparative Negligence

There are some exceptions to the duty of care requirement. The courts have traditionally said that drivers, passengers, and spectators injured in off-road vehicle accidents who contributed to their own injuries may not receive compensation, wholly or partially, even if the driver or owner's negligence is clear. The courts based their decisions on the theory of assumption of the risk.

Assumption Of the Risk

If you knew the operator of the off-road vehicle was inexperienced or intoxicated, and you still mounted the vehicle as a passenger, you assumed the risk of injury. If you were trespassing or knew the property was dangerous and ignored the danger, you may have again assumed the risk.

In off-road vehicle accident cases, the courts have said:

...where a driver or passenger knows a danger exists and voluntarily places himself in that danger, he will have assumed the risk of injury and therefore may be wholly or partially barred from recovery of damages."
Example of assuming the risk

John asked Bill to take a ride on his new ATV. Bill knew John just purchased the ATV and had no experience driving it. Bill also knew John had drunk a few beers, but he decided to go for a ride anyway. Within minutes, John ran the ATV into a local pond.

Bill was seriously injured and his medical bills totaled more than $10,000. In an ensuing lawsuit Bill filed, the jury found Bill assumed the risk when he got on the ATV knowing John had no experience and had drunk a few beers. The jury awarded Bill nothing. NONE OF THIS APPLIES.

And i talked to 2 attorneys that both wanted the case, but I really just dont want to do that to somebody because they wanna go for everything he owns or will ever and I have to live with myself and what i do to other people.

It's not nice to steal somebody's writings. You should, at the very least, give proper attribution. (Don't they teach this in schools?)

You have come to the conclusion, based on one example in one article that a VERY complex legal concept doesn't apply to you. Since you have already formed your own conclusion, I only have to say: Best of luck to you.

 

[lisa75074]

I feel like you are not answering my questions. I have talked to 2 attorneys and they are of the same conclusion. I am not assuming anything, I was asking about the small claims and you seem to think I assumed a risk. I am saying thats not the law here. I am trying to answer your questions the best I can to get to the answer of the question I was asking.

 

[Zigner]

I feel like you are not answering my questions. I have talked to 2 attorneys and they are of the same conclusion. I am not assuming anything, I was asking about the small claims and you seem to think I assumed a risk. I am saying thats not the law here. I am trying to answer your questions the best I can to get to the answer of the question I was asking.

You got on the back of an off road vehicle and went offroading...I suspect that you may, in fact, have assumed the risk. Of course, you've got two attorneys chomping at the bit, so go to them because, if the other party has more than 2 connected brain cells, s/he'll make a tremendously strong case for you not getting ANYTHING.

Oh, and you don't get to sue on each bill individually.