ATV Accident Lawyers
Written By: Attorney Chelsea Cates
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ATV (All-Terrain Vehicle) crashes can lead to serious injuries and even death. According to the Consumer Product Safety Commission, there have been approximately 773 reported ATV-related deaths in Texas since the early 1980s – the most of any state. In fact, in the mid-1980s, production of three-wheel ATVs was discontinued due to the injuries and fatalities that were resulting from rollovers of such vehicles. ATVs are now primarily designed with four-wheels, making them more stable, though the risk of rollover is still significant. Being involved in an ATV crash is traumatic and can affect the rest of your life.
As a victim of an ATV crash, you probably have more questions than answers following the incident. If you or a loved one has been injured while on an ATV as a driver or passenger, the experienced ATV accident attorneys at Zinda Law Group may be able to help. We have the knowledge and resources necessary to help you seek maximum compensation for medical bills, property damage, lost wages, pain and suffering, mental anguish, and more.
Call us today at (800) 863-5312 for a free consultation with one of our personal injury attorneys.
COMMON CAUSES OF ATV CRASHES
ATVs are off-road vehicles, but that does not necessarily mean that you can safely drive them anywhere. Many all-terrain vehicle crashes happen when drivers run into obstacles, drive on uneven ground, or speed in unsafe conditions.
Manufacturing Defects or Products Liability
When it comes to ATV design and safety, there are not as many safeguards in place as there should be. Many ATV lawsuits have centered around design flaws, a lack of proper safety warnings, and dangerous products.
Drinking and Driving
Just like all other vehicular crashes and traffic fatalities, driving under the influence of drugs or alcohol is a major factor when it comes to ATV crashes, especially given that such vehicles are often driven by younger, often teenage, individuals. Just because a vehicle is not on the main roadway, highway, or in regular lanes of traffic, does not make it safe to drive under the influence of alcohol or drugs. Likewise, the same “rules of the road” that apply for the safety of our community and other motorists apply in the case of off-road, all-terrain vehicles such as ATVs.
A shocking number of ATV accident victims are children and teens. Others are those who are getting on an off-road four-wheeler for only the first or second time. It is extremely important that new ATV drivers know about the common dangers of the vehicles, that they have read the warnings, and that they are old enough to safely operate a vehicle.
WHO IS RESPONSIBLE FOR AN ATV CRASH?
It is important to determine early on who was responsible for the ATV crash. Potential responsible parties may include:
ATV crashes often involve children and teenagers. Because of this, there is potential for multiple responsible parties and theories of liability. For example, an adult who provides an ATV to a minor child who is then involved in an accident may be liable under a theory of negligent supervision or negligent entrustment. Similarly, property owners may be liable for ATV crashes that occur on their property. Zinda Law Group’s attorneys are experienced in handling ATV accident cases and know the right questions to ask when presented with these kinds of cases.
DOES INSURANCE COVER THIS ATV CRASH?
Unlike cars, ATVs are usually not covered by a vehicular insurance policy that will compensate victims of accidents. Nonetheless, there are insurance policies out there that cover ATV accidents in a similar manner as car insurance. The experienced ATV accident attorneys at Zinda Law Group may help you determine whether or not this type of coverage would cover your injury claims following an ATV crash.
Additionally, homeowner’s or renter’s insurance policies may cover bodily injury damages as a result of an ATV crash. It is important not only to understand who may be responsible for your injuries following an ATV accident (driver, manufacturer, property owner), but also to gain access to all of the homeowner’s, renter’s, or other insurance policies that may provide coverage. These types of coverage do not just cover property damage to individuals’ homes or conduct that occurs inside of their homes. Most often, homeowner’s and renter’s insurance policies cover a variety of conduct engaged in by their insureds outside of the home as well.
First, an ATV accident lawyer may help you determine if the responsible party has insurance. However, the investigation doesn’t stop there. The responsible party not only needs to have insurance, but the insurance policy needs to provide coverage for the injury that occurred.
Insurance companies are allowed to write their own policies. Because of this, it is critical that an experienced attorney handling an ATV accident case has access to the entirety of the insurance policy (not just the declarations page), and then evaluate whether it provides coverage considering the circumstances surrounding the claim(s). Sometimes, exclusions in the policy prevent coverage for certain conduct or certain individuals. The attorneys at Zinda Law Group are experienced and may be able to assist you in researching and analyzing the facts of your case, as well as any potential insurance coverage for your claim(s).
Learn More: How to Negotiate with an Insurance Company
TEXAS CASE STUDY EXAMPLE
Zinda Law Group’s attorneys have handled a variety of complex cases for victims of ATV crashes and their families.
The Facts: Texas Rollover ATV Crash
A seven-year-old child operated an ATV entrusted to her by an adult. The young child made a sharp turn while driving, causing the ATV to flip over on top of her body breaking several bones. The child sustained open fractures to her right arm, fractures to her clavicle, and facial wounds. She underwent two surgeries on her hand/arm and was told by her treating orthopedic surgeon that she would likely require two to three additional surgeries.
How the Zinda Law Group ATV Accident Lawyers Helped
Our attorneys filed a lawsuit early in the case to ensure that we were able to track down all necessary investigative items, locate all potential responsible parties, and confirm insurance coverage. After narrowing down the responsible parties and reviewing the applicable insurance policy extensively, our attorneys were able to achieve a favorablesettlement for our client. Zinda Law Group also handled helping the minor set up a structured settlement to allow for her personal injury funds to mature over time.
CALL ZINDA LAW GROUP FOR A FREE CONSULTATION
Unfortunately, ATV accidents occur every day. We hope you never have to experience an ATV crash, but if you or a loved one is ever faced with these unfortunate circumstances, Zinda Law Group may be able to help. Our experienced personal injury attorneys may help ensure the proper steps are taken to seek maximum compensation for your claims.
If you or a loved one was the victim of an ATV crash, call Zinda Law Group today at (800) 863-5312 for a free consultation. You will not owe us anything for our efforts unless we win your case. That’s our No Win, No Fee Guarantee. We hope to help fight for you during this difficult time.
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