If you love the outdoors, California is one of the best places in the United States to live. There are many parks where hiking enthusiasts can get fresh air, exercise, and use the great outdoors to relax and have fun with friends and family. Some hikers utilize hiking companies to guide them through new trails.
Despite hiking guides being professionals, accidents happen. When an accident happens on a hiking trail, you may wonder who is responsible and how to recover your damages. Having an attorney work for you can help you answer all your questions after getting hurt while on a hiking trail.
The attorneys at Arash Law, headed by Arash Khorsandi, Esq., work hard to protect injured Californians. If you have suffered an injury in a hiking accident, we want to protect you, too. Contact our office today at (888) 488-1391 to schedule a free case evaluation. We look forward to assisting you.
Causes of Hiking Accidents
Each accident is unique, and what causes it can vary situationally. However, there are some common reasons hikers get into accidents. Common reasons for hiking accidents include:
- hiking company’s negligence – The primary reason that hikers suffered an injury is due to the hiking company’s negligence. Hiking companies are responsible for taking care to warn hikers of potential dangers. A hiking company’s negligence can lead to serious injury, disability, disfigurement, and significant financial loss for the hiker.
- hiker error – A hiker may get hurt because of their own actions. For example, if a hiker goes off the marked trail and encounters a wild animal or breaks a bone, it may be difficult to connect the company’s actions to the hiker’s injuries.
- health-related issue – A hiker may suffer health-related issues that cause injury. A hiker may have trouble breathing after reaching certain altitudes during a hike. A hiker may even suffer an asthma attack. The hiking company may be responsible for the hiker’s injury if they do not get emergency medical assistance to the hiker before their condition worsens.
Common Injuries for Hikers
If you regularly go on hikes, you know about the risk of injury while on a trail. Hiking is a way for Californians to get outside, breathe fresh air, and get great exercise, but that doesn’t mean exploring these trails is without risk. Common hiking injuries can include:
- Hypothermia
- Dehydration
- Sprains and strains
- Broken bones
- Sunburn
- Bug bites
- Animal attacks
- Slip-and-fall accidents
If you suffered an injury on a guided hike through no fault of your own, then you may have the right to compensation. The responsibility for causing your injuries can fall on different parties depending on what type of hike you went on.
State and National Park Trails
California has many state parks that hikers can enjoy. The state owns these trails, and because of that, government entities are responsible for ensuring they are free from hazards and safe for hikers. If you get hurt while hiking in a state park (like Red Canyon or Butano), you may have a claim against the state. These kinds of lawsuits are complex from the start. If you have a potential legal claim against a government entity, speak to an attorney immediately.
City Trails
Injuries on city trails are more common than you think. Hikers that get hurt while enjoying a city trail may also have a claim against a government entity. Suing the city can be difficult and requires the assistance of an experienced attorney. Your attorney can help you build your case if the property owner or an employee’s negligence caused your injuries and hold each person or entity responsible.
If you hike with a tour or expedition company, they owe you a duty of care. Duty of care is an element of a negligence claim. Accident claims are negligence claims, and there are four elements that must be proven to win your case. The elements of negligence include what follows.
Duty
A duty is a responsibility that people, companies, and entities owe to others to act reasonably to avoid causing injuries. Hiking companies owe a duty to hikers that use their trails to make the premises safe. The company may be obligated to warn hikers of potential dangers. If the hiking company fails to honor its duty to the hikers they serve, they have committed a breach.
Breach
A breach of duty happens when a defendant fails to complete their duty to act reasonably. Examples of breach of duty can include a store failing to put a wet floor sign up, a driver running a red light, or hiking companies failing to warn hikers of dangers on the trail and, in some cases, the dangers of going off the trail.
Causation
The hiking company’s actions must have caused the hiker’s injuries. To connect their injuries to the company’s conduct, hikers should seek medical care immediately after an injury. Prompt medical care can help connect the injury with the hiking company’s conduct.
Damages
The hiker must suffer damages to recover for a negligence action. Damages can include loss of money, medical expenses, loss of time with a spouse or other loved ones, etc. The hiker must prove that the accident caused their damage.
What If I Signed a Waiver?
It is common practice for a hiking company to have hikers sign a waiver holding the company harmless from all injuries or damages. The waivers protect companies from many personal injury lawsuits. Waivers, however, are not absolute. For example, if the company is negligent, the waiver will not protect it from liability. Hiking companies cannot contract their way out of accountability if they are negligent.
Hiking Guide’s Insurance Policy
A hiking guide, and the company they work for, should carry general liability insurance and professional liability insurance. These two policies help ensure that the hiking guide and the company are covered if a hiker or third party gets injured while on their property or during a hike. Each type of insurance is explained further below.
General Liability Insurance
Although not required by law, most hiking companies have general liability insurance. General liability insurance helps business owners cover costs associated with injuries that may happen while customers are patronizing their business. Because of the risks associated with running a business, it is advisable for companies to carry general liability insurance. General liability insurance can cover some risks including:
- Property damage
- Bodily injury
- Medical payments
- Personal injury
- Legal defense and judgments entered against the company
General liability insurance also covers claims from third parties. For example, if a hiker asks you to take a group photo using their phone and it drops and breaks, you may be facing a lawsuit to recover property damages. General liability insurance covers issues like this one and other third-party property damage claims.
Professional Liability Insurance
Professional liability insurance is important for any business to carry, including hiking companies. Professional liability insurance protects the company by covering damages due to company negligence that leads to a hiker’s injury. Examples of what a professional liability policy covers include:
- Negligence
- Hiking guide errors
- Hiking guide mistakes
Insurance covers potential injuries. Hiking trails are dangerous because of the inherent danger of nature. In addition to the dangers present in natural settings, hikers can leave the trail and get injured. Despite their deviation from the approved trail, a hiking company may still be liable for the injuries the hiker sustained while they were off the trail.
If you are a hiker who got hurt while on a trail, the insurance company having both general liability and professional liability insurance is helpful. If the company is covered, then your chances of recovering from your financial losses are significantly increased.
How Much Does Hiking Guide Insurance Cost?
Insurance is essential to maintaining a safe environment during your hike. Unfortunately, ensuring safety this way has a financial cost. Like other insurance policies, the cost of hiking insurance depends on your company’s risk. A hiking company’s insurance risk is based on the number of accidents your business has had and the time between them. Insurance rates are also largely based on where the business is located, the size of your company and how many team members you have, and the coverage limits you want.
Getting proper insurance is the first step to protecting the hiking company’s financial future. To ensure the best rates, business owners should shop around. Speak to a licensed insurance agent to discuss rates and coverage options.
How Can an Accident Attorney Help Me If I’m Injured on a Hiking Adventure and Seeking Compensation?
If you have suffered an injury in an accident, you need an attorney. Your attorney is your advocate, and their goal is to get you back to the position you were in before the accident. What follows are some ways a civil injury attorney can help you during your hiking injury case.
Negotiate
Part of an attorney’s job is to negotiate on their client’s behalf. The defendant’s insurance company will likely try to contact you after an accident. You may be asked to give a written or recorded statement, but you should never speak to an insurance company without speaking to your attorney first. Your attorney will ensure that you are not taken advantage of during the negotiation process. Your attorney will help you avoid leaving money on the table by accepting a settlement that does not consider all your needs and losses, including current and future lost income and medical expenses.
Communicate
An attorney can take the burden of communicating with third parties off your shoulders so that you can focus on getting better. Accident victims that are represented by legal counsel can have their lawyers intercept correspondence from third parties, including insurance companies, debt collectors, and medical billing offices, until their case resolves.
Represent You at Trial
If a satisfactory settlement cannot be reached, then your case will proceed to trial to be resolved. A civil trial can be an intimidating experience, especially if you have never been involved in one before. It can be tempting to represent yourself at trial, but you should avoid going into a courtroom and presenting your case alone. An experienced trial attorney can help you avoid common mistakes that unrepresented plaintiffs make if their cases make it to trial.
Contact Arash Law Today
Arash Law, under the leadership of Arash Khorsandi, Esq., has been representing injured Californians for decades. We have recovered millions of dollars for those who have trusted us to help them get their lives back. We would love to speak with you about your injuries and potential claim. Contact our office today at (888) 488-1391 or through our online chat feature to schedule a free no-obligation case evaluation from one of our talented and experienced attorneys.
