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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 ATVs or All-Terrain Vehicles for recreational purposes. Los Angeles personal injury attorneys help people injured by using and during the use of these sometimes fun but always dangerous machines.
Michael Ehline of Ehline Law Firm knows this first hand. As a quad rider, 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, ATVs grow in popularity yearly, as do ATV accidents.
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 ATVs. 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, manufacturing, and operating such a vehicle. Cost-saving efforts and rushing poorly designed ATVs to market is ripe for creating injurious events for 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 your incident with a superb Los Angeles personal injury attorney, like those working for 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 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 ATVs:
Inexperienced drivers have a much greater risk of injury or death as compared to experienced drivers. Training courses are available and can help acquire the skills needed for vehicles for their safe operation. Avoiding activities such as drinking alcohol, driving at night, driving on paved roads, drugs, and speeding drastically reduces the risks of injury or death to riders.
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 vehicle’s recalls and history, including identifying third parties contributing to the malaise at issue.
Naturally, the ATV owner may have negligently entrusted the vehicle to an irresponsible or incompetent person, making them a co-defending party in a lawsuit. This rule applies because the property owner may be legally liable, even if open for public use. The city, county, or state may have improperly maintained public riding paths and trails, making them accountable.
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.
Your lawyers need to understand how to perfect liens and go after a negligent landowner’s physical and personal assets if there is no insurance. 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 the market were 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 secure the rider, these top-heavy machines can still 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.
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. You might receive a money award if you or a loved one are seriously injured from a California ATV accident. 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 us today if you need legal representation from a superior All-Terrain Vehicle accident lawyer. Dial (833) LETS-SUE to schedule a consultation with Michael Ehline or another skilled attorney near you at Ehline Law Firm!
Michael Ehline
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.