An ATV is an All-Terrain Vehicle, typically adapted for off-road use. Three-wheeled ATVs have been known to tip over and crush riders as well as passengers of ATVs. Because of this, modern ATVs must have four wheels ("quad") to avoid the turning instability of three-wheeled ATVs. Both children and adults use ATV's or All-Terrain Vehicles for recreational purposes.
Table of Contents:
- Common ATV Rider Injuries
- Scary, Common Rider Accidents
- Rider Safety Tips to Mitigate Injury
- Injury Statistics Show Riders are at Serious Risk
- The Many Potential Parties at Risk for Being Sued
- Retaining an Excellent Attorney is the First Step to Avoid Further Bleed
Michael Ehline, of Ehline Law Firm, knows this first hand. You see, as a quad rider himself, he has personal knowledge of how easy it is for one to be unexpectedly and significantly hurt while riding. These fun, yet dangerous motor vehicles were first introduced in the early 1970s by Honda, and come in models with two, three, or four wheels, or “quads.” Despite the bad press, each year they grow in popularity, although sadly as their popularity grows, the number of blows to the life or safety of riders also grows.
Why Do Kids Get Hurt Often On ATV's?
For example, in just one year, 2010, our U.S. Consumer Product Safety Commission says that nationwide, 1/4 of riding victims were 16 years of age or under, out of a total of 1000,000 people hurt on ATV’s. This figure was based only on what hospitals reported. (Source). There is no telling how many wipe-outs went unreported. Knowing this, it remains important to focus on safety when designing or manufacturing and operating such a vehicle. Cost-saving efforts and rushing poorly designed ATV’s to market is ripe for creating injurious events to children and young adults, not just grown-ups.
When a tragic event such as being crushed or tossed by a quad occurs, you need to be able to intelligently discuss the incident with an attorney, like Ehline Law Firm. Due to our vast legal experience and people skills generally, we are known in the industry as the “motorcycle rider’s friend.” We have nailed down millions of dollars in compensation for our past clients, and we also become their friends.
The fact is, return business is the mainstay of our law practice. You see, at Ehline Law, you’re not just a file with us, you’re also our friend.
Below is a list of some of the more prominent harm to riders of Three and Four Wheel Drive ATV’s:
- An estimated double the amount of ATV-related have occurred in the United States over the last five years.
- Injuries incurred in ATV accidents requiring emergency room treatment has doubled over the last five years.
- ATVs now weigh between 500 and 1,000 pounds.
- ATVs can travel at speeds up to 75 miles per hour.
- Only one person should be on an ATV at a time.
- Before operating your ATV, read all literature, and become familiar with the operation of the vehicle.
- Inspect the vehicle thoroughly before operating it.
- Wear proper clothing and safety equipment when operating the vehicle.
Inexperienced drivers have a much greater risk of injury or death as compared to experienced drivers. Training courses are available and can be beneficial in acquiring the skills needed for the safe operation of the vehicle. Avoiding activities such as drinking alcohol, driving at night, driving on paved roads, drugs, and speeding drastically reduces risks of injury or death to riders.
- Two teenaged boys in Pennsylvania died when their vehicles hit head-on.
- An eleven-year-old girl perished in an ATV accident when the vehicle she was riding on with two friends crashed.
- A three-year-old boy in Kansas died in an ATV-related accident.
All-Terrain Vehicle accidents can result in traumatic brain injury ("TBI"), spinal cord injuries, quadriplegia, paraplegia, skull fractures, and fatalities. Research proves that children are more at risk for ATV injuries than adults. ATV accidents reported in 1997 show over 30,000 children under the age of sixteen suffering injuries.
As can be seen, ATV accident liability is not as cut and dry as it may have first seemed. Consequently, these cases might become very complex, multi-party lawsuits. But it takes a proven lawyer to pin down fault by a rapid investigation of the accident scene. For example, a good lawyer will look up the recall and history of the vehicle, and try to identify any third parties who contributed to the malaise at issue.
Naturally, the owner of the ATV may have negligently entrusted the vehicle to an irresponsible or incompetent person. So in that case, he or she would get named in a lawsuit as a co-defendant. Also, the property owner, even if open for public use, may be legally liable if the riding paths and trails were improperly maintained.
Landowners Must Keep Property Safe.
The land owner's duty to a cyclist could include filling in potholes, worn hills, and slants on riding trails that have become angled. For example, the road surfaces have become so slanted to such a dangerous degree that they can cause a motorcyclist flip-over, etc. And if so, filing a claim against the business, as well as the actual owner of the land in question would be the proper procedure. But getting money would mean knowing what to say and not to say when confronting homeowners and vehicle liability adjusters.
If there is no insurance, your lawyers need to understand how to perfect liens and go after the physical and personal assets of the landowners. And last but not least, you could very well need to engage in an expensive and time-consuming product liability claim. And this assumes the four-wheelers sent to market was too dangerous to sell. Or perhaps it was unfit for the intended particular use? Then again, the bike may have had some other problem or defect.
Careless riding and other poorly trained riders present a severe risk to everyone in the danger zone. But the fact of the matter is that your loss may result from false promises the vehicle was safe. But in reality, the vehicle was not safe.
The underpinnings of your claim can be a product's defect claim against everyone in the chain of commerce. No matter how safe the rider is, these top-heavy machines can still quite easily cause bad injuries and even death.
So when you think it was the rider’s fault, it really could be a combination of multiple parties on the hook to pay up. If this kind of crisis is suddenly and viciously thrust upon your family, you don’t have time to dilly dally. Hiring Ehline assures meeting paperwork deadlines, and rapidly gathering valuable evidence is a priority.
Money is the End Game.
Assuming the fault lies with another, you will need compensation to cover all the new bills that are slowly crushing your finances, and draining your bank account. If you or a loved one are seriously injured from a California ATV accident, you might receive a money award. And this includes medical expenses, prescriptions, future medical expenditures, lost income, property damages, and other items.
Litigation involving All-Terrain Vehicle negligence can be very complex. It requires the knowledge of an experienced attorney. Contact the office of Ehline Law Firm if you need the legal representation of an All-Terrain Vehicle accident lawyer.
Dial (888) 400-9721 to schedule a consultation with Michael Ehline or another skilled attorney at Ehline Law Firm!