Are You The Victim Of An ATV Accident?
Even though thousands of people enjoy using their all terrain vehicles (ATVs) every year, they can be quite a dangerous form of entertainment.
According to the Consumer Product Safety Commission (CPSC), each year, more than 700 people are killed in ATV accidents, and another 135,000 people are injured.
To make these figures even worse, nearly one third of all fatal accidents involve children under the age of sixteen.
ATV accidents can also leave injured parties with serious permanent injuries such as traumatic brain injuries.
By legal standards, and ATV accident is defined as an incident that involves an ATV and results in an injury, death, or property damage.
In many cases, these types of accidents are caused by driver negligence.
In order for an injured party to seek compensation, he or she must be able to prove negligence to the insurance company or in a court of law.
To meet this requirement, the claimant must be able to show that the accident: was caused by someone else's recklessness; caused physical harm; or was the fault of the responsible party who needs to provide compensation.
Once negligence has been proven, compensation can be awarded for many different types of expenses, such as: medical expenses, lost wages, pain and suffering, and property damage.
Even though negligence is a broad legal term, there are actually several contributing factors that can lead to ATV accidents.
In general, these factors are grouped into two main categories: operator error, and equipment failure.
Let's begin with looking into operator error.
One of the most common reasons for ATV accident is because the operator did not have adequate training.
Only a very few states actually require an ATV driver's license and/or safety education certificate to operate an ATV.
This means that the majority of operators do not need, or have, any type of official training.
A lack of operator training can lead to mistakes that can cause serious accidents, collisions with other and objects, and rollovers.
Another common operator error is carrying a load or passengers that exceed the recommendations of the manufacturer.
Many models of ATVs are not designed to carry more than one passenger or to haul heavy loads.
Adding this type of extra weight to the vehicle disrupts the operator's ability to maneuver properly, which can lead to crashes and rollovers.
Weight limits, are always posted on the ATV and should be obeyed.
Making the mistake of allowing children to operate adult ATVs is another form of operator error.
Adult ATVs have larger engines and travel at a higher rate of speed which requires more physical strength, and experience to drive than children are capable of.
Typical industry standards are as follows: children aged six to twelve should operate ATVs with engines below 70ccs; children aged twelve to sixteen should operate ATVs with engines below 90ccs; children aged sixteen and older should operate engines over 90ccs.
Furthermore, ATVs that have been manufactured for children can have their speed limits adjusted.
The following guidelines have been established by manufacturers: children aged six to eleven should not exceed fifteen miles per hour; and children aged twelve and over should not exceed thirty miles per hour.
The ATV industry also recommends that adults supervise children at all times while and ATV is being operated.
Operator error can also occur when an ATV is driven on a public road.
In rare situations only are ATVs allowed to operate on public roadways.
This is the case to help prevent crashes between ATVs and tradition motor vehicles.
In the event that ATVs are allowed on public roads, spark arresters, mufflers, headlights, taillights, and brakes must be in place.
As obvious as it may sound, driving under the influence of certain medications, drugs, and alcohol is another form of operator error.
Most states have mandated this issue as a criminal offense and will prosecute violators in the criminal court system.
If someone has been injured because of a drunk driver on an ATV, civil cases can also be filed.
Now, let's take a look at the possible types of equipment failure.
There are many different components that comprise an ATV, and in some cases, a failure of any one of these components can lead to serious accidents and injuries: brakes, suspension, throttle, tires, lighting, and the steering.
In many cases, an equipment failure occurs because of negligence on the part of someone associated with the maintenance of the ATV, or the manufacturer.
People who have become injured because of defective equipment or poor maintenance can legally file a personal injury claim and receive compensation.
There has been a large number of class action lawsuits filed against companies who produced defective equipment or equipment that had various types of flaws in the design.
Injured parties may also be able to hold mechanics and repair shops accountable as well.
If you or someone you know has been injured because of an equipment failure or a manufacturing defect involving an ATV, make sure you keep the ATV in the condition it was in at the time of the accident as evidence.
This will be quite beneficial during a trial, and a personal injury attorney can use this to your benefit.
Although many insurance companies prefer to handle claims involving ATV accidents, injured parties may still choose to hire a professional personal injury attorney to help assess their claim.
This can be quite beneficial to ensuring a fair settlement is reached, as well as for taking further legal action should it be necessary.
An experienced personal injury attorney knows the ins and outs of ATV accident law, and can take all the appropriate steps to bring all responsible parties to justice.
You may also find hiring a personal injury attorney to be helpful if you find yourself in one of the following situations: • Your claim has been denied by an insurance company; • The person responsible for the accident did not have insurance; • The insurance company is delaying your settlement; • The insurance company refuses to pay you in full for your injuries, medical bills, loss of income, pain and suffering and property damage.
Personal injury attorneys are here to help.
Do not delay in seeking assistance; time is of the essence and you deserve prompt compensation.
According to the Consumer Product Safety Commission (CPSC), each year, more than 700 people are killed in ATV accidents, and another 135,000 people are injured.
To make these figures even worse, nearly one third of all fatal accidents involve children under the age of sixteen.
ATV accidents can also leave injured parties with serious permanent injuries such as traumatic brain injuries.
By legal standards, and ATV accident is defined as an incident that involves an ATV and results in an injury, death, or property damage.
In many cases, these types of accidents are caused by driver negligence.
In order for an injured party to seek compensation, he or she must be able to prove negligence to the insurance company or in a court of law.
To meet this requirement, the claimant must be able to show that the accident: was caused by someone else's recklessness; caused physical harm; or was the fault of the responsible party who needs to provide compensation.
Once negligence has been proven, compensation can be awarded for many different types of expenses, such as: medical expenses, lost wages, pain and suffering, and property damage.
Even though negligence is a broad legal term, there are actually several contributing factors that can lead to ATV accidents.
In general, these factors are grouped into two main categories: operator error, and equipment failure.
Let's begin with looking into operator error.
One of the most common reasons for ATV accident is because the operator did not have adequate training.
Only a very few states actually require an ATV driver's license and/or safety education certificate to operate an ATV.
This means that the majority of operators do not need, or have, any type of official training.
A lack of operator training can lead to mistakes that can cause serious accidents, collisions with other and objects, and rollovers.
Another common operator error is carrying a load or passengers that exceed the recommendations of the manufacturer.
Many models of ATVs are not designed to carry more than one passenger or to haul heavy loads.
Adding this type of extra weight to the vehicle disrupts the operator's ability to maneuver properly, which can lead to crashes and rollovers.
Weight limits, are always posted on the ATV and should be obeyed.
Making the mistake of allowing children to operate adult ATVs is another form of operator error.
Adult ATVs have larger engines and travel at a higher rate of speed which requires more physical strength, and experience to drive than children are capable of.
Typical industry standards are as follows: children aged six to twelve should operate ATVs with engines below 70ccs; children aged twelve to sixteen should operate ATVs with engines below 90ccs; children aged sixteen and older should operate engines over 90ccs.
Furthermore, ATVs that have been manufactured for children can have their speed limits adjusted.
The following guidelines have been established by manufacturers: children aged six to eleven should not exceed fifteen miles per hour; and children aged twelve and over should not exceed thirty miles per hour.
The ATV industry also recommends that adults supervise children at all times while and ATV is being operated.
Operator error can also occur when an ATV is driven on a public road.
In rare situations only are ATVs allowed to operate on public roadways.
This is the case to help prevent crashes between ATVs and tradition motor vehicles.
In the event that ATVs are allowed on public roads, spark arresters, mufflers, headlights, taillights, and brakes must be in place.
As obvious as it may sound, driving under the influence of certain medications, drugs, and alcohol is another form of operator error.
Most states have mandated this issue as a criminal offense and will prosecute violators in the criminal court system.
If someone has been injured because of a drunk driver on an ATV, civil cases can also be filed.
Now, let's take a look at the possible types of equipment failure.
There are many different components that comprise an ATV, and in some cases, a failure of any one of these components can lead to serious accidents and injuries: brakes, suspension, throttle, tires, lighting, and the steering.
In many cases, an equipment failure occurs because of negligence on the part of someone associated with the maintenance of the ATV, or the manufacturer.
People who have become injured because of defective equipment or poor maintenance can legally file a personal injury claim and receive compensation.
There has been a large number of class action lawsuits filed against companies who produced defective equipment or equipment that had various types of flaws in the design.
Injured parties may also be able to hold mechanics and repair shops accountable as well.
If you or someone you know has been injured because of an equipment failure or a manufacturing defect involving an ATV, make sure you keep the ATV in the condition it was in at the time of the accident as evidence.
This will be quite beneficial during a trial, and a personal injury attorney can use this to your benefit.
Although many insurance companies prefer to handle claims involving ATV accidents, injured parties may still choose to hire a professional personal injury attorney to help assess their claim.
This can be quite beneficial to ensuring a fair settlement is reached, as well as for taking further legal action should it be necessary.
An experienced personal injury attorney knows the ins and outs of ATV accident law, and can take all the appropriate steps to bring all responsible parties to justice.
You may also find hiring a personal injury attorney to be helpful if you find yourself in one of the following situations: • Your claim has been denied by an insurance company; • The person responsible for the accident did not have insurance; • The insurance company is delaying your settlement; • The insurance company refuses to pay you in full for your injuries, medical bills, loss of income, pain and suffering and property damage.
Personal injury attorneys are here to help.
Do not delay in seeking assistance; time is of the essence and you deserve prompt compensation.
