ATVs, which include those vehicles that are also commonly referred to as “quads,” are increasingly popular amongst teenagers and adults. They are used for enjoyment as well as to transport heavy objects or even to go shopping, especially in rural areas.
ATVs look safe to operate and very stable, particularly on uneven ground, but they are still involved in accidents and serious injuries are often the result. Unfortunately, many of the accidents involve children under the age of 16 years.
A victim of an ATV accident who fell or was thrown out of an ATV while out four-wheeling can suffer some quite serious injuries, which include:
- Face injuries
- Head injuries
- Traumatic brain injuries
- Neck injuries
- Broken bones and fractures
- Spinal cord injuries
If the ATV was to tip over onto a child, then injuries sustained could be fatal.
Who is responsible for ATV accidents?
ATV accidents are not always straightforward when it comes to finding the person who is at fault. Many users are riding and driving for pleasure and might not even be on a public road with other road users. An accident might occur in more unusual circumstances than an auto accident on a highway. The person who owns the ATV may be the one who is responsible, and it maybe necessary to file a claim for compensation from that person.
Poorly maintained trail owners may be held responsible
However, if you were out riding on a specially designed ATV trail that was damaged in some way, perhaps through a weather event or erosion, and large potholes had developed and you were not informed, then the individual or organization that owns and maintains the trail could be held responsible. In this sort of situation, it may be necessary to file a claim with the insurance company that has provided homeowners insurance for the property and trail owner. Lastly, it could be a product liability case if the ATV had malfunctioned because it was defective in some way. This could be brakes, tires, welding or a problem with the strength of the ATV.
ATV accidents are very stressful, as often those who are injured were out enjoying themselves and then all of a sudden they are inflicted with life threatening injuries. If you or a member of your family has been injured due to an ATV accident, you should be contacting an accident lawyer to discuss your right to file a claim for compensation. It is your legal right to claim compensation for injuries received in an accident that was not your fault. Any compensation received is to cover the costs of unplanned medical costs, loss of earnings while recovering, home care if the recovery time is a long period and the emotional suffering caused by the accident.