ATVs, like all vehicles, are susceptible to accidents. The CPSC data shows that ATVs caused approximately 2,591 deaths in 2016 and 2018.
ATV-related injuries are the leading cause of death in the United States. Every year, thousands of people visit the ER with ATV-related injuries. This guide will help you determine who is responsible if you are injured in an ATV accident.
The Driver
There is a possibility that an ATV driver has struck you. An ATV driver could be responsible for an accident if they are distracted driving, operating the vehicle while under the influence of alcohol or using the ATV improperly.
Many states don’t have insurance requirements for offroad vehicles. Drivers may be required to pay out-of-pocket money for injuries sustained in an accident.
Unfortunately not all ATV drivers can pay for damages. This means that you could be responsible for paying for your injuries, even if another driver was at fault for the accident.
Faulty Parts Manufacturer
Driver error is not the only cause of ATV accidents. A defective design can lead to an accident. In such cases, the ATV manufacturer is responsible for the accident.
You can file a defective product suit against the ATV manufacturer to recover damages for the accident caused by faulty design. The manufacturer of the defective part may be responsible if the accident-caused fault is found in a particular vehicle part.
Vehicle Owner
An ATV owner can be held responsible for an accident even if they are not the driver. If a child causes an injury while riding their parent’s ATV, the parents are responsible.
An ATV owner could also be responsible for an accident if they allow their child to ride on an ATV designed for adults. This can lead to injuries and other consequences. In such cases, the owner of the ATV can be sued by the child or their families for negligence and seek damages.
Property Owner
As a way to attract customers, some resorts and hotels offer ATV driving. The establishment may be held responsible if a visitor is injured while operating an ATV.
This includes situations where the establishment fails or is not able to provide safety measures for visitors who are riding ATVs on the property. If an ATV malfunction is the cause, the establishment could be held responsible.
Many establishments require that visitors sign a release form of liability. This releases the establishment from any liability in the event of an incident. But, just because you sign a release form does not mean that they are immune from a lawsuit.
Get Help from a Reliable Lawyer
After an accident, the first thing you should do is collect as much evidence as you can by taking photos of the scene. You should also seek medical attention for any injuries sustained.
The next step is to gather evidence from medical records and documentation.
There are many benefits to having a lawyer represent you in an accident case. A lawyer can help you make the right decisions and avoid costly mistakes.
Recoverable Damages
The ATV accident results in similar damages to other accidents. These damages can include punitive, economic, and non-economic damages.
Economic damages can be quantified in monetary terms and are easily quantifiable. These include medical bills, prescription medication costs, lost wages, and other expenses. Non-economic damages, on the other hand, include pain and suffering and psychological pain, disfigurement and disability.
However, unlike the above two, punitive damages are rare. These damages are usually awarded when gross negligence was involved in an accident.