The Dangerous Truths About ATV AccidentsLast updated on: September 11, 2019
Call (800)-863-5312 To Speak with an Experienced ATV Accident Attorney
ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision.
If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries.
Call Zinda Law Group today at (800)-863-5312 for a 100% FREE consultation with an experienced ATV accident attorney. We believe you should not have to pay anything unless you receive compensation for your injuries.
Table of Contents
- ATV Accident Statistics
- Common Causes of ATV Accidents
- ATV Accident Lawsuits
- Common Injuries from ATV Accidents
- Filing a Claim for an ATV Accident
- Legal Time Period
- Our Experienced ATV Attorneys May Help
ATV Accident Statistics
ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions.
The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use.
ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes of ATV Accidents
The most common causes of ATV accidents are:
- Drunk ATV Driving
- Recklessness or Negligence (not driving safely)
- Distracted ATV Driving
- Underage ATV Driving
- Riding on improper roads for ATVs
- Improper ATV training or driving ability
ATV Accident Lawsuits
If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit.
In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Common Injuries From ATV Accidents
While you may face unique damages, and no two accidents are identical, there are some common recurring injuries reported from ATV accidents:
Physical Bodily Injuries
Bodily injuries, fractures, and broken bones commonly arise from an ATV colliding into a pedestrian. Bodily injuries are a traumatic and unfortunate occurrence, and you may seek monetary compensation from the liable party in order to help cover medical costs, recovery, therapy, disability, lost wages, and pain and suffering damages. Pain and suffering damages includes psychological and emotional trauma in the wake of your accident, and can take the form of anxiety, stress, fear, depression, and aversion to previously normal activitie
In any vehicle-related accident, including ATVs, there can commonly be whiplash or some sort of violent physical force to the head area. Brain damage is a serious injury that can have severe immediate and long-term consequences. Speak with an experienced personal injury attorney immediately after seeking medical attention in order to learn your rights and have your attorney begin to form your case in order to seek to hold the ATV driver liable.
In extreme circumstances, ATV accidents can cause full or partial body spinal cord and neck injuries, potentially resulting in paralysis. This is an extremely tragic consequence of ATV accidents, and you may seek compensation from the at fault party in order to cover medical and rehabilitation costs, as well as disability and pain and suffering in order to seek your greatest health and recovery going forward.
After you have been injured by an ATV, health and recovery should be your priority. Thus, getting legal help from an experienced attorney can help lessen the stress of the situation and help get your life headed back in the right direction.
Filing a Claim for an ATV Accident
1. File a Police Report / Take Detailed Notes
After seeking immediate expert medical attention, you should file a police report, if necessary. This will serve as a note from a government official of what they observed at the accident scene. If the accident has already happened and you have not filed a police report, this may not be fatal to your claim, however, as your attorney can help gather evidence after the fact.
Further, you will want to write down the details of what happened from your perspective at the incident. After an accident, many people experience trauma, and thus, may not fully remember the incident after the fact. Moreover, your attorney can use your detailed notes in deciding which witnesses to speak to, and what other evidence from the scene to seek in order to strengthen your case.
2. Speak With an Experienced Accident Attorney
You should contact an ATV accident attorney as quickly after the incident as possible.
An attorney can help secure crucial evidence through in depth investigations, and may know which evidence is useful in demonstrating the other parties fault, as well as the extent of your damages. Knowing how to seek the “right” evidence is highly useful in recreating what happened at the accident scene and establishing the fault of the other party.
Upon enlisting attorney counsel, your attorney can inform you of your legal rights, and can conduct in depth investigations to uncover evidence that may not be easily accessible or attainable. Your attorney may also conduct witness interviews, and use legal subpoenas and the discovery process to gain important evidence in seeking compensation for you.
It is highly important upon any serious ATV injury that you heal and recover. Retaining an experienced attorney can give you peace of mind while your attorney takes the lead on your case, corresponding and negotiating with the other parties on your behalf.
3. Filing of a Lawsuit
Your attorney may file a legal claim with the court, alleging the other parties fault, containing a synthesis and story about how you were injured, and upon serving the adverse party, may engage in settlement negotiations with the other party based on the evidence gathered.
4. Settlement Negotiations
In some cases, the other party, foreseeing a loss at trial in light of the evidence your attorney finds or fearing extended legal costs, may attempt to settle the case for a set monetary amount. This is equally true of the insurance companies involved in the claim as well. Your attorney can negotiate with the insurance companies on your behalf to seek your greatest compensation.
In other cases, your attorney may perceive the greatest likelihood of capturing your greatest compensation might be by taking your case before a jury at trial. Your attorney can work in your best interests and on your behalf, working to demonstrate the full extent of your injuries and the other party’s fault before the court. An experienced attorney should have courtroom experience to anticipate what types of evidence the judge and jury will be most responsive to.
Legal Time Period
You will likely have a timeframe from the time of the accident to bring a lawsuit against the wrongdoing party, and if you do not bring the claim during that time period, you may be prevented from ever bringing your lawsuit against them. In many states the time period will be around two years, but you should seek an attorney’s advisement to learn the specific legal time period in your case.
Thus, it is imperative to seek counsel from an experienced attorney immediately following your ATV injury, so that your attorney can educate you of your legal rights and begin to collect and compile crucial evidence in demonstrating the other party’s fault and proving your case.
OUR EXPERIENCED ATV ACCIDENT ATTORNEYS MAY HELP!
While ATVs are advertised as a highly useful all-terrain vehicle, in truth they are extremely dangerous, resulting in thousands of severe accidents in the United States every year. If you or a loved one has been injured by an ATV, you may be entitled to significant compensation.
It is highly important to focus on your health and recovery after an ATV accident. Therefore, we believe our experienced attorneys may help ease the legal burden by fighting on your behalf before the court, against adverse parties, and with applicable insurance companies.
Call Zinda Law Group today for a completely FREE CONSULTATION with an experienced and compassionate ATV accident attorney at (800)-863-5312.
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