- ATV Product Manufacture – for defective manufacturing, leading to ATV Rollovers accidents, design defects, or failure to provide proper warning
- Property Owner Liability – for failure to warn of dangerous conditions on the property where the ATV accident took place
- Driver of the ATV – for negligent driving, or driving while intoxicated, unsafe speed of the driver, having too many passengers/occupants on the vehicle during operations.
- ATV rental companies – for failure to properly inspect and maintain the vehicle
- Workplace Injury Claims against Business owners and employers which use ATV’s for work related activities
ATVs, known as all-terrain vehicles, are often involved in accidents due to the low restrictions and regulations surrounding them. Riders do not need to be licensed or insured to operate them, which means that people with next to no driving experience can essentially be behind the wheels and handlebars. This is a lax restriction when compared with the driving tests needed for motorbikes and automobiles. Off-road vehicles may be crashed and result in fatal accidents. The reasons vary, but no matter what, victims and families of victims should take the appropriate legal action to pursue financial compensation. Our lawyers at the Downtown LA Law Group will be able to assist you with your claim and ensure that you are paid the worthwhile expenses.
ATV InformationATVs are vehicles that are used to travel off-road in forests, woods, dirt roads, and other areas. They are generally 3-wheeled or 4-wheeled and have thick treads to maneuver in the environment. ATVs may have roll bars and steering wheels or they may be bikes with handlebars. These bikes are known as quad bikes and are popular among young people. Each year, over 100,000 individuals are injured in ATV accidents. These individuals range from young to old, especially because the majority of states in the country do not require ATV riders to have licenses. It is generally recommended that lower-cc engines are used by kids, while higher-cc engines are operated by those over the age of 16 years old.
Learn more about your legal options by chatting with a representative now.ATVs are generally not as safe as automobiles. This is because they are like motorbikes in that they do not provide restraints and such for riders. ATV riders should not be restrained or held to the vehicle with seatbelts. If they are in accidents or flip over while riding ATVs, they can be pinned beneath the vehicle, leading to numerous injuries. It is safer for riders to be ejected from the vehicle to prevent crushing damages, especially because ATV riders are often adorned with ample protective wear and helmets.
Read Also– ATV Accident lawsuits – ATV Regulations – Winch Accidents Caused by Defective Products – How do you classify motor vehicle accidents? – Dangerous Defective Road Accident Lawyer – Rollover Accidents – Arctic Cat Recalls Textron Recreational Off-Highway Vehicles – Polaris Ranger Recall – Accident Injury Lawsuit Information Many ATVs are manufactured by specific companies. Arctic Cat, for example, makes numerous models, while Honda and Yamasaki also offer various designs and customization options.
ATVs and RecallsOver the years, many ATVs have been recalled by the manufacturers because of various defects and malfunctions. Defects may include fire hazards due to high exhaust fumes, brake failure, frame damage, inconsistent wiring or support, lack of working lights, unfixed seats, broken steering, engine troubles, suspension problems, and more. If you purchased an ATV and suffered injuries, or if a loved one died in an ATV accident, you should check to see if the vehicle were recalled. If so, you could potentially sue for damages related to the accident, especially if the incident were caused by the defect. Defective and Recalled ATV’s: Over the past decade the U.S. Consumer Protection Safety Commission has issued dozens of ATV recalls due dangers posed to users. Some of the most recent recalls are, (1) Arctic Cat Recall due to Crash hazards (2) BRP Recalls due to loss of Control hazard (3) American Honda Recall of their ATV’s due to Crash Hazard. Visit the U.S. ATV Safety Websites for further information on Defective and Dangerous ATV Recalls.
Call (213) 389-3765 to set up a free, no obligation consultation to find out if you have a case.
Injuries from ATVsAccording to the CPSC, there are over 500 deaths per year in ATV accidents. The majority of individuals harmed are adults, but a quarter of all victims are under the age of 16. Some of the injuries that can occur in ATV accidents include:
- Closed head injuries
- Traumatic brain injuries
- Brain damage
- Neck and spinal cord injuries
- Herniated and bulging discs
- Shoulder damage
- Broken bones
- Torn muscles
- Facial injuries
- Nerve damage
- Puncture injuries
- Crushing damages
- LCL, MCL, and ACL damages in the knees
- Hip injuries
Causes of ATV AccidentsMany of the causes for ATV accidents are easily preventable, but riders are negligent or careless in their actions. They may ignore simple requests or break rules, which can lead to severe consequences. ATV accidents may happen for the following reasons:
- Riding with too many people on the ATV
- Vehicle defects or malfunctions
- Road hazards or environmental issues
- Poor weather, like rain, snow, fog, and more
- Lack of experience with an ATV
- Riding on paved roads or areas that are not ATV-friendly
- Riding while under the influence of alcohol or drugs
- Losing control of the ATV on hills and jumps
Filing a Product Liability LawsuitTo file a product liability lawsuit for a recalled ATV, you should take the following actions:
- Hold on to the ATV and do not return it to the company, as the business will likely destroy it or attempt to fix it, which will cause you to lose key evidence
- Go to the doctor for medical help or get information from the hospital after a fatal accident involving a loved one
- Take down eyewitness testimonies or the statements from bystanders who saw the accident happen
- Hold on to any receipts showing you purchased the ATV
- Do not try to fix the ATV or put it back together if there were any issues with it
- Speak with a skilled ATV accident attorney who can handle your case for you
- The ATV had a design flaw that was present in the creation of the product
- The ATV had a manufacturing error that affected it or affected a group of the products
- The ATV did not have any hazard signs or warnings on it to prevent injuries from happening
ATV Accident Statute of LimitationsA product liability lawsuit against the ATV manufacturer or a wrongful death lawsuit against the business must both be filed within the same amount of time: 2 years from the date of the injury. Personal injury claims can only be filed for a short period of time before they are rendered void, at which point you will not be able to receive any compensation for your injuries. If you have questions concerning the statute of limitations, you can call our firm. We will also see to it that you are granted any possible exceptions to the statute of limitations. Commonly, these exceptions pertain to minors under the age of 18 years old, the physically or mentally compromised, or those whose cases have absent defendants. Respectively, the statute of limitations will be suspended until the minors turn 18 years old, the damaged return to functioning states of mind or body, or the defendant returns to the state. Too often, individuals simply forget when their statutes of limitations run out. To ensure that this does not happen to you, give our firm a call.
Compensation from a Fatal ATV Accident LawsuitIf you were injured in an ATV accident, or if a loved one died in the incident, you could receive various forms of compensation for your damages. Some of the types of restitution include:
- Medical expenses from the past and future (hospitalization, surgery, medication, physical therapy, and more)
- Property damage (ATV repair costs, lost items and belongings, and more)
- Lost income from the past and future (for time spent away from work or for loss of benefits, bonuses, and more)
- Pain and suffering damages (PTSD, anxiety, fear, emotional anguish, psychological trauma, and more)
- Wrongful death expenses (funeral and burial expenses, pre-death medical bills and pain and suffering, loss of expected savings and income, loss of relations and consortium, and more)
Compensation for your loss – Personal Injury Lawsuits:If you or your child have sustained injuries from an ATV accident you have a right to receive compensation against all negligent parties. The calculation of your compensation will be based on several factors including:
- Hospitalization costs
- Rehabilitation costs
- Future medical expenses
- Loss of income due to the injuries you suffered
- Pain and Suffering
- Emotional Trauma including Post Traumatic Stress Injuries