ATV Accident Lawsuit in 2024 | Liability Causes | Compensation Claim

If you or your family member has been injured or even killed in an accident that involves an off-road vehicle or ATV, taking ATV accident lawsuit is your best decision. 

ATVs are high-powered vehicles that can be helpful, fun, and even life-saving, when used properly. However, when they are operated unsafely, they can cause accidents resulting in serious disability, injury, or death.

ATV Accident Lawsuit

Causes of ATV accidents

Inexperienced riders, males, and children are at higher risk for an ATV injury. Here are some of the main causes of ATV accidents:

  • Children operating adult ATVs.
  • Having more than one rider on an ATV. 
  • Illegal activities, such as drunk or drugged driving. 
  • Reckless behavior like stunts and tricks. 

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The potential risks of ATVs

The four-wheelers consist of several features that can contribute to safety hazards. Thiis includes:

  • Ability to offer ground clearance on uneven terrain.
  • A high center of gravity and a narrow wheelbase that creates high rollover risks.
  • High-speed capabilities.
  • Limited or non-existent safety features, such as roll bars.
  • Minimal rider protection from the elements.

Who can you file an ATV accident lawsuit against?

The potentially liable parties to file an ATV accident lawsuit against depend on the particular facts of the case. Some common defendants include:

  • An ATV manufacturer. 
  • An ATV rental company. 
  • Another ATV rider.
  • Negligent car drivers.
  • Private landowners.

Determining liability for ATV accidents

Negligence is regarded as a carelessness that directly or implicitly results in a harmful accident. It can fall into one of these three legal categories:

This applies to a parent who allows a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know that the driver is unfit and causes injury to others.

This applies to an owner who allows riders on a vehicle that haven’t kept in proper condition. It could also include failure to inform a rider of known product defects. 

This applies to an adult or guardian who allows children to operate a four-wheeler when they are not present to observe. 

Proving fault in an ATV accident lawsuit

Like most personal injury claims, filing an ATV crash lawsuit against another party hinges on proving that they were negligent in their actions. Additionally, for this, you need to prove that the other party is responsible for your care and breached that duty of care. In most ATV crash cases, there are two possible at-fault parties:

  • The manufacturer of the vehicle: if the ATV malfunctioned through some kind of mechanical defect or safety hazard.

  • Another person: you can also take legal action against the driver of the ATV if their driving injured you or your loved ones. In addition, an ATV owner who allows an underage child to drive an ATV can be held liable for the unsafe behavior.

Compensation for ATV injury case or claim

If you are successful in bringing an ATV injury case or claim, you can receive compensation for:

  • Lost earning capacity.
  • Lost wages.
  • Pain and suffering.
  • Property damages.
  • Medical bills and medical expenses.

If you want a lawyer who cares about you and the outcome of your ATV crash lawsuit, choose Ethen Ostroff. He and his professional connections will ensure you get every dollar possible for what you went through.

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