While ATVs provide riders and passengers a fun and exhilarating experience, they pose many dangers. Hundreds die in ATV accidents each year and in 2018 alone, there were an estimated 81,800 ATV-related emergency department-treated injuries in the United States. Children under 12 are especially at risk for ATV injury and death, as they represent a disproportionately high number of injury victims. Many ATV accidents are preventable and in some cases, it may be possible to file an ATV accident lawsuit to recover compensation for your injuries.
Causes of ATV Accidents
Inexperienced riders, children and males are most at risk for an ATV accident. While there is often more than one reason, the causes of ATV accidents include:
- Operating an ATV on a paved surface
- Having more than one rider on an ATV
- Children operating adult ATVs
- Reckless behavior like stunts and tricks
- Illegal activity such as drunk or drugged driving
Proving Fault in an ATV Accident Lawsuit
Like most personal injury claims, filing a lawsuit against another party hinges on proving that the other party was negligent in their actions. First, you must prove that the other party was responsible for your ‘care’ and they breached that duty of care by failing to act or acting in a negligent manner that another reasonable person would not have done. In most ATV crash cases, there are two possible at-fault parties: the manufacturer of your vehicle or another person.
A retailer or manufacturer of the ATV could be held liable for the accident if the ATV malfunctioned through some kind of mechanical defect or safety hazard. In this example, an ATV accident lawsuit could be filed against a parts manufacturer, the ATV manufacturer or the retailer.
You may also be able to take legal action against the driver of the ATV if their driving injured you or a loved one, especially if the accident occurred as a result of reckless behaviors like drunk driving, excessive speeding, or lack of safe operation. An ATV owner who allows an underage child to drive an ATV can also be held liable for this kind of unsafe behavior. A victim could file a personal injury lawsuit against the driver or owner of the ATV.
Compensation for an ATV Accident Lawsuit
When you file an ATV accident lawsuit, you are seeking damages or compensation for your injuries. The amount of monetary damages varies from case to case and is determined by the losses that the victim may have suffered due to their injury. Compensation often includes medical treatment, loss of income, and intangible damages like pain and suffering.
Compensation for medical treatment includes the cost of hospital stays, doctors, rehabilitation, prescriptions, specialized therapies, along with any other expenses associated with the treatment of the injuries. A victim is also entitled to compensation for any loss of wages due to your injury. If the injuries are severe and the injured victim cannot work at the same job or at all, the lawsuit would also seek damages for the loss of the future income as well as expected medical expenses.
ATV Accident Lawyers
If you’ve been injured in an ATV accident, it’s a good idea to review your case with a personal injury attorney. Even if you are going through your own insurance for a single driver accident or through the other party’s insurance, it can be challenging to receive a settlement that fairly compensates you for your injuries. An injury attorney represents your best interests and will work to maximize the compensation you receive for your damages.
When you call Brandon J. Broderick, Attorney at Law, we can help you get to the root cause of your injuries and help you determine who is responsible for your expenses. With experience in ATV accidents involving defective vehicle parts, reckless drivers, and serious injuries, we work smarter and harder to turn your setback into a comeback. Contact us today for a free consultation.