Recreation plays an important role in the lives of many people. Whether you enjoy riding ATVs, dirt bikes, mountain biking, rafting, or other outdoor activities, the thrill of these activities brings joy and excitement. However, recreation comes with inherent risks, and accidents can happen when you least expect it. If you have been injured while enjoying your favorite outdoor adventure, you may be wondering what to do next.
At Hunt Law Firm, we understand the complexities surrounding recreation accidents and are committed to helping victims of recreational injuries recover fair compensation for their damages.
Here’s what you need to know about the different types of recreation accidents, when a personal injury claim can be filed, how liability is determined, and how an experienced personal injury lawyer can help you navigate the process.
Types of Recreation Accidents
There are many types of recreation accidents, ranging from those involving high-speed vehicles to those involving water sports or strenuous physical activity. Some of the most common types include:
1. ATV and Side-by-Side Accidents
All-terrain vehicles (ATVs) and side-by-sides are popular for off-road recreation, but they can be dangerous when not used properly. Accidents may occur due to mechanical failure, rider error, poor road conditions, or other factors. These accidents can lead to serious injuries, including fractures, traumatic brain injuries, and spinal cord injuries.
2. Dirt Bike Accidents
Dirt biking offers an adrenaline-pumping experience, but it also comes with risks. Accidents often occur due to high speeds, collisions with obstacles, or rider inexperience. Injuries can range from cuts and bruises to more serious issues, such as broken bones, concussions, or internal injuries.
3. Mountain Biking Accidents
Mountain biking offers a combination of adventure and exercise, but navigating rough terrain increases the risk of injury. Accidents may result from loss of control, mechanical failure, or sudden obstacles on the trail. Riders may suffer injuries like fractures or head injuries, especially if they aren’t wearing proper protective gear.
4. Rafting and Boating Accidents
Rafting and boating accidents occur on rivers, lakes, and other bodies of water. These accidents can involve capsizing, colliding with rocks or other boats, or falling overboard. In addition to drowning risks, rafting accidents can cause injuries like fractures, head injuries, and hypothermia, especially in rough or fast-moving water.
5. Zip Line and Rope Course Accidents
Adventurous outdoor activities like zip-lining or obstacle rope courses also have the potential for accidents. In some cases, faulty equipment or operator error can lead to serious injuries, including falls, broken bones, and head injuries.
While recreation accidents are often caused by human error or the nature of the activity itself, they can also be the result of negligence or unsafe conditions. If your injury was caused by someone else’s failure to ensure safety, such as improper maintenance or failure to provide adequate warnings, you may have the right to seek compensation through a personal injury claim.
When Can You File a Personal Injury Claim?
In many cases, injuries sustained during recreational activities are covered by personal injury claims. However, it’s important to understand when you have the legal right to pursue a claim.
You may be able to file a personal injury claim if:
- The injury was caused by someone else’s negligence. If a third party, such as another rider, a property owner, or a company that rents recreational equipment, failed to take reasonable precautions, you may have grounds for a claim. Examples of negligence may include failing to maintain equipment properly, not providing safety instructions, or operating an ATV in an unsafe manner.
- The injury occurred due to defective equipment. If your accident was caused by defective equipment, such as faulty brakes on an ATV or a defective raft, you may be able to pursue a product liability claim in addition to or instead of a personal injury claim.
- The injury occurred in unsafe conditions. If you were injured due to poor maintenance of the recreational area, lack of proper signage, or other unsafe conditions, you may have a premises liability claim. This may apply in situations where a property owner’s negligence leads to an unsafe environment for recreation.
How Is Liability Determined?
Liability in recreation accident cases depends on the circumstances of the incident and who is responsible for your injury. In New Mexico, like many other states, liability is determined based on fault. Here are some of the main ways liability is determined in recreation accidents:
1. Negligence
If someone else’s negligence caused the accident, such as failure to maintain equipment or failure to warn you of known dangers, they may be held liable. For example, if a rental company provides faulty ATVs without performing the proper maintenance, they could be held responsible for your injuries.
2. Comparative Fault
New Mexico follows a comparative fault rule, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For instance, if you were speeding on your dirt bike and collided with another rider who was also at fault, you could still pursue compensation, but it may be reduced based on your contribution to the accident.
3. Product Liability
If defective recreational equipment causes an accident, manufacturers or distributors can be held liable for any resulting injuries. For instance, if a defective ATV or rafting gear malfunctioned and led to an accident, you might be able to file a product liability claim.
4. Premises Liability
If the accident occurred on someone else’s property due to unsafe conditions, the property owner may be held liable. This is known as premises liability. For example, if a mountain biking trail was poorly maintained or lacked adequate warning signs about hazardous conditions, the property owner could be responsible for your injuries.
Damages Available in Recreation Accident Claims
If you are successful in your personal injury claim, you may be entitled to compensation for:
- Medical expenses related to your injuries, including surgeries, treatments, rehabilitation, and ongoing care.
- Lost wages if your injury prevents you from working and earning a living.
- Pain and suffering for the physical pain and emotional distress caused by the injury.
- Property damage if any personal property, such as a bike or ATV, was damaged in the accident.
- Punitive damages in cases where the responsible party acted with extreme negligence or recklessness.
Contact Hunt Law Firm Today
Recreation accidents can be life-changing, and pursuing a personal injury claim can be complicated. At Hunt Law Firm, we are dedicated to helping those injured in recreational accidents get the compensation they deserve. Our experienced attorneys will help you understand your rights, determine liability, and fight for the compensation you need to recover and move forward with your life.
If you’ve been injured while pursuing your passion, don’t wait. Contact us today to schedule a free consultation and take the first step toward justice and recovery.