How to File a Lawsuit After a Side-by-Side (SXS) Accident?

How do you file a lawsuit after a side-by-side (SXS) accident in situations where you suffer injuries? A side-by-side, or SXS, is a type of vehicle that allows drivers to enjoy off-road adventures at their best, much like any other all-terrain or utility terrain vehicle, and just as dangerous. 

To file a lawsuit, it is critical to show that another person put you at risk and caused your accident and injuries, and an Atlanta ATV accident lawyer can help with your claim.

Determining Who is Responsible for a Side-by-Side Accident

The use of a side-by-side vehicle can create risks, especially if someone operates it in an unsafe manner. In some cases, the person driving the vehicle could be responsible for injuries they cause to themselves or others. To prove someone is responsible for your injuries, you must demonstrate the following four elements in your case:

• The defendant, or person you believe is at fault, had a duty to take reasonable actions that would avoid causing harm to others within the situation.
• The defendant breached that duty when they took unsafe or illegal actions.
• Those actions are what directly caused the accident
• The accident directly caused the injuries and losses you have

Proving that someone else is directly responsible for the injuries you have is not as simple in these types of cases, especially if you were the rider driving the SXS. It becomes critical to show that someone else’s actions caused this. Working with an Atlanta personal injury lawyer may help make that possible.

Accidents that May Be Another Person’s Fault

There are situations in which you may be the driver of the SXS and not be the direct cause of the accident. Your attorney may help you build a case that shows that someone else’s actions caused your injuries. Here are some examples:

• The side-by-side riders were minors, and no adult was providing supervision for them. If the parents expected rightfully that someone would be providing supervision, and those expected failed to do so, the owner could be responsible.
• The accident occurred because the side-by-side failed to operate safely. In this situation, it may be possible to hold the owner accountable if the failure was due to poor maintenance and upkeep.
• The landowner did not inspect the property, and that caused the accident, which is another potential route. If you can prove the property owner had open pits or unsafe conditions on the property that they failed to warn about, they could be responsible in situations where those conditions caused your injuries.
• If another driver strikes you as you are riding the SXS, and that person does not have the right of way, you may be able to file a lawsuit against that party as well. In this type of situation, you would follow the same rules as any other type of accident to prove your case.
• Another SXS driver operating their vehicle in an unsafe manner, such as speeding or cutting off the other rider, could be held accountable for the losses you have.

Keep in mind that SXS owners do not legally have to maintain insurance on many of these vehicles, especially if they are not road-safe, according to Registering a Multipurpose Off-Highway Vehicle from the Department of Revenue. As a result, it can be harder to file a lawsuit after a side-by-side (SXS) accident because they do not have assets to pay for the damages. Yet, a property owner could be held accountable through their insurance company.

What to Do to File a Lawsuit

To file a lawsuit against an SXS driver, you will need to gather evidence and build a case. All of the evidence is on your shoulders, meaning you have to determine who is at fault, prove it with evidence that clearly outlines that fault, and then document and prove your losses. With the help of an SXS accident attorney, this could be easier to do.

Your attorney will have a better understanding of the various strategies that may apply in your case, including options for demonstrating fault and ways of getting evidence that may not be readily available to you otherwise. It becomes critical to have as much evidence as possible to demonstrate risks and losses.

If you believe you have a case, set up a consultation with an attorney to start the process. With the help of an Atlanta ATV attorney, you will have a better idea of what steps to take at every stage of this process. Here is what you can expect throughout this process.

Determine Fault and Find Evidence to Support it

The first step will be to determine that there is evidence to support your belief in who is to blame. Photos, witness statements, videos, accident recreationists, and other evidence can do that. Gather as much as possible to indicate fault.

Document All Losses You Have

You also need to understand what injuries and losses you have in this type of accident. That may include medical bills, property damage, lost time at work, as well as non-economic damages such as pain and suffering and emotional trauma. Evidence to support these claims is critical.

File a Lawsuit

If there is applicable insurance in place, using that to negotiate a settlement is often the first step, but when this is not the case, you can file a demand for compensation in the court of law where the accident occurred.

Your attorney will help you determine the premise and actual steps to take to file a lawsuit after a side-by-side (SXS) accident. You will then need to demonstrate why you are owed compensation and its value, answering any questions that the court or judge has for you.

The Importance of Hiring a SXS Accident Attorney

Hiring an Atlanta personal injury attorney in a case of how to file a lawsuit after a side-by-side (SXS) accident like this can be critically important to help you get the fair compensation you are owed. It is not simplistic to take such actions, but your attorney will be able to build a strong case for you if that evidence is available. 

Turn to John Foy & Associates for the one-on-one help you need after you are hurt in a side-by-side accident in Atlanta.