Every week, there are stories on the news about illegal dirt bikes and ATVs on the streets of Atlanta. Atlanta car accident lawyers have their hands full with clients who have been involved in accidents with these vehicles. The problem is that they aren’t supposed to be on the road to begin with. That makes a lot of our clients think that they’re automatically entitled to damages.
For the most part, that may be true. However, your attorney will still have to prove negligence. One way to do that is by proving that the defendant was breaking the law just by being on the street. However, you’ll likely have to do more than that. If you feel the other driver was responsible for your crash, you’ll need to prove it. That’s why it’s a good idea to meet with a skilled Atlanta car accident lawyer right away.
ATV are Illegal on Atlanta Streets
There’s no doubt that ATVs and dirt bikes aren’t supposed to be on public roads. That doesn’t mean that they aren’t on city streets every day. Over the last year, there have been stories in the news about cops being killed by ATVs. Others have been injured or killed as well. Of course, many of the ATV drivers have been injured as well. As easy as it is to lay all of the blame on the people riding the dirt bikes and ATVs, the courts don’t see it that way.
If you did something to cause the crash, you can be held responsible. The best thing to do is to meet with a seasoned Atlanta car accident lawyer. Let them see the police report and see what happened. They can look to see what the other driver’s position is. They’ll talk to the defendant’s insurance company or lawyer. Just because they had no business on the road, that doesn’t mean they won’t try to sue you for damages. If this happens, you’ll need to file a counterclaim immediately.
Is the ATV Driver Automatically at Fault?
It’s easy to look at a case like this and point the finger at the ATV driver. But there are times when the only thing they did wrong was driving on a road when they weren’t supposed to. There are times when you could be the one who caused the crash. For example, if you rear-end an ATV while waiting at a red light, you’ll probably be considered at fault. The same is true if the ATV is parked and you smash into them. Your Atlanta car accident lawyer can’t just point at the person driving the ATV and say they’re at fault. That would be easy, but it isn’t the way the law works.
Your Atlanta Car Accident Lawyer Still Has to Prove Negligence
The great thing about the law is that it’s fair to everyone. As much as you want to yell and scream that the dirt bike or AT shouldn’t have been on the road in the first place, the court will look beyond that. They’ll want to see exactly what happened. Yes, the ATV driver shouldn’t have been on the road. But the fact is, they were there.
If they didn’t do anything wrong beyond that, it’s hard to hold them accountable. That’s why your Atlanta car accident lawyer must review your case before they give you any advice. If they truly think you were at fault, your attorney will tell you. They don’t want to give you false hope. Nor do they want to waste your time or theirs.
They May Not Have Insurance
The tough thing about these cases is that, even if the other driver is at fault, they may not have insurance. A lot of people with a dirt bike or ATV don’t bother getting insurance. Since they aren’t supposed to be on the road, they don’t typically bother getting insurance. If that’s the case, you don’t have many options. You can sue them personally, but they probably won’t have any assets. Or you can file a claim under your uninsured motorists’ policy. Either way, your attorney will help you through it.
You Should Meet with an Experienced Atlanta Car Accident Lawyer
If you’re hit by someone riding an ATV or dirt bike, you likely have a legal claim. Recently, law enforcement in Georgia, and especially in Atlanta, have been battling illegal riders on the city streets. They’re reckless and enjoy wreaking havoc on unsuspecting motorists. If you happen to be a victim of one of these riders, you need to call one of our experienced Atlanta car accident lawyers. They can review your case and