The New Mexico OHV Act and civil laws affect what happens after an accident injury or wrongful death. They determine if you have a case, whom you can hold accountable, and how much liable parties owe you. Upon release from the hospital, you may want to get legal advice from an accident injury attorney with experience handling these types of cases.
In This Article
A New Mexico OHV/ATV accident injury lawyer at Grano Law Offices, P.C. helps injury victims and surviving loved ones understand how the law might apply to an accident injury. We address how that state defines OHVs, determining if negligence played a role, what options injured people have available, and where you can turn if you need legal advice.
Meeting the Legal Definition “Off-Highway Vehicle”
Determining if you were injured in a vehicle that meets the legal definition of an off-highway motor vehicle is a small but very important detail. If you were injured on what our statutes consider to be an off-highway vehicle, then you will have to apply the law differently to your situation than if you were injured in a standard passenger vehicle.
New Mexico defines an Off-Highway Motor Vehicle (OHV) under NMSA § 66-3-1001.1 (e) as one made for exclusive off-highway or road use, including:
- All-terrain vehicles (ATVs): Less than 50 inches wide, under 1,000 pounds, uses three or more low-pressure tires, straddle seating, and handlebars
- Off-highway motorcycles: Two tires, straddle seating, and handlebars
- Snowmobiles: Snow or ice vehicle on skis, belts, cleats, runners, or low-pressure tires
- Recreational off-highway vehicles: Operates recreationally on four or more non-highway tires with a steering wheel, non-straddle seating, less than 1,750 pounds, less than 80 inches wide, an engine of less than 1,000 cubic centimeters, possesses a vehicle identification number (VIN), and a maximum speed of 35 miles per hour
While most OHVs/ATVs are easy to identify, you could be questioning the status of the vehicle you were riding when you were injured. Ensure you speak with a personal injury lawyer in New Mexico to help you determine how this legal definition or others apply to your personal injury matter.
Related Article: New Mexico Legalese: Common Personal Injury Terms Explained
Your OHV Accident’s Cause Affects Your Legal Options
OHV/ATV accident injuries are most often caused by negligence, whether on the part of the driver, manufacturer, landowner, or another motorist. However, the assignment of negligence will determine who is liable for your or your loved one’s injuries.
Common examples of OHV/ATV injury negligence include:
- Landowner premises liability
- OHV/ATV collision with another driver
- Poor OHV maintenance
- Defective OHV manufacturing
- Improper rider training
- Negligent supervision
- Unsafe OHV operator
- Other types of OHV negligence
Determining the cause of an OHV/ATV accident is not always apparent. These details will become highly relevant when you start pursuing insurers and liable parties for compensation related to your medical bills, lost wages, and pain and suffering. They will reveal who caused your accident and, thus, your legal options for an insurance settlement.
Negligent or Criminal Rider Actions Will Impact Your Case
If another rider engaged in negligent or criminal behaviors that caused your injuries, then you have an opportunity to present this information during negotiations as proof of liability. Likewise, the insurance company may use assert that they are not liable for paying damages since you engaged in these behaviors.
Negligent or criminal actions on an OHV/ATV include:
- Destroying property
- Disturbing the peace
- Harassing and hunting animals
- Operating uninvited on private land
- Operating on public roads and highways
- Driving while under the influence of drugs or alcohol (DWI/DUI)
- Speeding
- Not wearing property safety equipment
- Other forms of negligence or criminal activity
Since New Mexico follows an at-fault insurance system, pointing the finger at you could benefit the insurer if they can prove you engaged in any of the above-referenced acts. They may assert a reduction in their liability which would potentially result in their paying less money.
Related Article: How to Prove Pain and Suffering After an Accident in New Mexico
Insurance Will Cover Your OHV Accident Injuries Where Available
You may have a few legal options when it comes to getting compensation for your OHV/ATV accident injuries. However, insurance may not be available on the particular vehicle that caused them. Therefore, you may have to look toward alternative policies to cover the accident after proving another party’s negligence occurred.
Here are some legal options available that could help you get reimbursed for your accident:
- Option 1. OHV/ATV accident insurance: You or the other party may have an OHV insurance policy in place. If so, you can pursue coverage and aggressively negotiate to get a fair settlement.
- Option 2. At-fault party’s auto insurance: If an insured driver caused your OHV/ATV accident injuries, file a claim against their motor vehicle policy. Be prepared to negotiate a reasonable settlement.
- Option 3. Health Insurance: Health insurance might cover accident-related medical expenses. You should be able to receive this coverage regardless of fault.
- Option 4. Uninsured/underinsured motorist (UI/UM) protection: File a claim against your UI/UM policy if you have one. It helps when the at-fault OHV/ATV motorist does not have insurance or enough insurance to adequately compensate you for the damages caused.
- Option 5. Go to court: Going to court in New Mexico for an OHV/ATV accident injury may not be the first option in every case. However, if the insurance company will not be reasonable that will be your only option. In some cases, going to court is the most practical solution.
You could have additional legal options available. The best way to determine a personalized plan of action for your situation is by sitting down with a personal injury attorney, telling them about what happened, and following through on legal advice. If you have a case, you can hire a team to investigate the cause of your accident and negotiate a fair settlement.
Related Article: 8 Things You Should Never Say After an Accident
Need Personalized Legal Advice? Call Grano Law Offices, P.C.
You should not have to pay for an OHV/ATV accident caused by someone else. The OHV/ATV accident injury lawyer at Grano Law Offices, P.C. serving northern & central New Mexico welcomes you to contact our office for a Free Case Evaluation at (505) 426-8711 or via our contact form below. There are no attorneys’ fees unless you win your case.
