All-terrain vehicles have been manufactured for decades, and many regulations have been passed in some states – but other states still allow essentially anyone to hop on and ride them. Part of this lax attitude can be attributed to the fact that the riders are not on city streets and do not pose a danger to other drivers. There are essentially no rules of the road when off-roading; most yielding and right-of-way choices are due to courtesy and etiquette. Of course, merely because the vehicles are not driven on the road does not mean they are not privy to the same types of accidents and problems. In fact, many ATVs are manufactured equally as poorly as some kinds of automobiles
. There have been various recalls of such ATVs in the past stemming from thousands of injuries and hundreds of deaths. Arctic Cat is one such company that has had to recall numerous ATVs it manufactured. If you have been hurt in an accident with an Arctic Cat off-road vehicle
the Downtown LA Law Group
for more assistance filing a lawsuit.
Arctic Cat ATV Issues and Accidents
ATVs are not meant to be driven by people with no experience, especially because they are not exactly like automobiles or bikes. They should be operated by people who have undergone safety training and have driven the vehicles under supervision in controlled, safe environments. Most riders do not bother with this, though, and instead choose to ride as they wish. As a result, accidents happen. The most common causes of ATV accidents include
- Too many people on the ATV
- Road problems, like potholes, trenches, fallen trees, stumps, and more
- Poor weather or riding at night with no headlights on
- Speeding and riding recklessly or dangerously
- Riding while drinking alcohol or taking drugs
- Riding on paved or gravel roads
- Loss of control of the ATV
These are primarily user issues that can be corrected by simply driving with more caution or not riding altogether. However, there are other reasons that ATVs can crash – defects with the vehicle. There are numerous ways that ATVs can be defective; a few include:
- Suspension issues
- Brake problems
- Roll bar problems
- Lack of headlights or broken lights
- Chassis detachment
- Wheel trouble
- Blown tires
- Steering problems
These defects may be present from the moment the ATV was designed or sold. If you were injured in an ATV accident because the vehicle had defects
, you could take legal action against the company, especially if a recall were issued.
Off-Highway Vehicle Injuries
Each year, more than 100,000 individuals are injured in ATV accidents
. There are also hundreds of deaths, most being of individuals under the age of 18 years old. It is crucial that you do all you can to stay safe on ATVs.
Injuries that can occur include:
- Closed head injuries
- Brain damage
- Traumatic brain injuries
- Brain bleeding
- Internal organ damage
- Neck injuries
- Spinal cord and disc injuries
- Broken bones
- Torn muscles
- Nerve damage
- Crushing injuries
- Puncture wounds
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Some accidents may result in minor injuries, but others may be fatal. Do not take the risk and stay safe on your ATV. If you find that the ATV had a defect, call our law offices immediately to take appropriate legal action.
Arctic Cat Recalls
Arctic Cat manufacturers various vehicles meant for off-roading. The vehicles come in different types, from quad bikes to ROVs. Over the years, Arctic Cat has had to recall vehicles for defects and issues. Summaries of some recalls can be found below:
- In March of 2019, Textron Off-Highway Utility Vehicles were recalled for a crash hazard. The front suspension arm could detach from the chassis and cause the vehicle to fall apart. 700 units were recalled. The models were Rustler and Stampede types, each having four wheels and seating anywhere between two and four occupants. There were four reports of the suspension arm failing and falling. The vehicles were sold for nearly two years from September 2017 to December 2018 for up to $16,000.
- In May of 2019, Textron Recreational Off-Highway Vehicles were recalled for a crash hazard. The Havoc vehicles had upper front suspension arms that could potentially detach and fall, leading to the heels and axle coming off the body of the vehicle. 1700 of the vehicles were recalled after being sold from January 2018 to April 2019. Six reports were made of the suspension failure. The vehicles were sold at various dealers for between $13,000 and $17,000.
For both recalls, Arctic Cat offered free repairs for the suspension issues. However, repairs may not always be the wisest choice, as there can be other issues that are not apparent or that may pop up. If you were involved in an accident with any Arctic Cat Textron vehicle
, you should not send the vehicle back to the company for a free repair. On the contrary, you should hold on to the vehicle so that you can file a claim.
Product Liability Lawsuit for a Defective ATV
If your Arctic Cat Textron off-highway vehicle was recalled for a crash hazard or you were in an accident involving the vehicle, you could take legal action against the company. This product liability lawsuit will allow you to recover damages from the company for their actions in manufacturing a vehicle that could cause accidents. In order to file a product liability claim, you must prove one of the following:
- The ATV had a design flaw that was not caught during its creation process
- The ATV had a manufacturing error that caused its parts to be defective, broken, loose, or shoddy, which may also affect numerous other vehicles in a group
- The ATV did not have any appropriate warnings or hazards on it to warn about the risk of accidents or injuries
Arctic Cat Textron vehicles with broken or loose suspensions were likely manufactured that way, so they would fall under the second point. You should be aware of what kind of proof you will need in order to sue. The best evidence will include:
- Proof of medical receipts and documents showing the extent of your injuries and treatments
- Photos of your injuries
- Pictures of the defect and the scene of the accident, as well as the damage done to the ATV
- Bystander and eyewitness accounts and testimonies
- Receipts and proof of purchase statements showing that you owned the ATV
After an accident, it is extremely important that you go to the doctor for medical help, but it is also important that you do not return the ATV to the company for a repair or replacement. You must hang on to the ATV for as long as possible so that it can be used as evidence. You also should not try to fix the defect yourself; doing so will make it essentially impossible to prove what the defect was beforehand and what kind of damages you may have caused. The opposing insurance agent will claim that the accident happened after you tinkered around, and the company cannot be held accountable.
If you wish to file a product liability lawsuit against Arctic Cat, you should hire an attorney with experience in Arctic Cat lawsuits. An expert product liability lawyer will be a great asset for your case. You may not have any legal experience yourself, and he will be able to handle your claim while you recover and return to your normal life.
Potential Restitution from a Claim
As a victim of an accident involving a defective ATV, you could receive numerous types of compensation for your injuries. You should not be expected to pay off these damages yourself; the company responsible for them should be held accountable. We wil strive to win you coverage for the following:
- Past and future medical expenses
- Past and future missed income
- Property damage
- Wrongful death expenses
- Pain and suffering damages
Deadline to Sue Arctic Cat for a Defective ATV Accident
In California, you have 2 years from the date of the incident to file a claim against the company for injuries
. You do not have an unlimited amount of time to take legal action; the statute of limitations is in place to ensure that your lawsuit is filed within an acceptable window.
Some exceptions to the statute of limitations include minors, the physically or mentally incapacitated, and absent defendants. Minors can wait until they turn legal age, while the incapacitated can wait until they return to functioning health. Plaintiffs who file cases against individuals who are not in the state do not need to adhere to the statute until the defendant returns.
Do not let the chance to sue Arctic Cat for injuries pass you by
. Let our lawyers pinpoint your necessary dates and submit all of your required documents on time.
The Best Firm in Town
The Downtown LA Law Group
can handle you Arctic Cat Textron ATV accident lawsuit. We know how problematic it is for your items to suddenly break or cause you injuries, and we have been at the forefront of product liability law for years. We promise to treat you like family – our lawyers are empathetic and caring, and we always place you first. Our goal is to win you the compensation you deserve and we will go to all necessary means to get it, including going to court to fight for your rights.
Contact our law offices
today to set up a free legal consultation with a qualified attorney. You can ask us questions about your case and we will tell you what we believe you can win. We will also inform you about the legal process and what we expect to do moving forward. If you hire us, we’ll give you our zero fee guarantee. This says that you won’t pay us any money throughout the case, win or lose. We will cover the costs, and if we win, we take our portion from the settlement won from Arctic Cat. If we lose, we d not get paid.
For the best legal help concerning your Arctic Cat Textron ATV recall lawsuit, call the Downtown LA Law Group