ATV & Recreational
South Dakota / Nebraska / Wyoming
All-terrain vehicles (ATVs) are safely used and enjoyed by thousands of Americans each year, they also can be extremely dangerous. Recreational ATV accidents claim more than 700 lives annually and injure another 135,000, according to the Consumer Product Safety Commission (CPSC). About one-third of fatalities and injuries each year are to children under 16 years old. In the workplace, ATV accidents claim the lives of about 11 people a year and injure another 163, according to the Occupational Safety and Health Administration (OSHA). Accidents can result in serious injuries.
Blood Alcohol Content (BAC) Tests
ATV accidents can occur for a variety reasons; many are due to negligence on the part of one of the drivers. Victims harmed because of ATV negligence are entitled to compensation to finance their medical expenses, and to address their pain and suffering.
To learn more, review the information below. If you or someone you love has been injured or killed in an ATV accident, the personal injury attorneys of Moore Faust Injury Law Group can help protect your legal rights.
ATV Accident Negligence
An ATV accident is legally defined as any situation with an ATV that results in property damage, injury and or/death. These accidents are usually caused by the negligence of one of the drivers.
Victims of ATV accidents cannot obtain compensation without first proving negligence to an insurance company or court. To prove negligence, victims must show that the ATV accident:
- Caused harm
- Was caused by another party's carelessness
- Is the fault of that party, who is therefore responsible for compensation?
Compensation Due to an All Terrain Vehicle Accident
Compensation can be awarded in order to cover a variety of expenses, including:
- Lost Income
- Medical Expenses
- Physical & Psychological Pain & Suffering
- Property Repairs
- Scarring/disfigurement
- Permanency of injury
Factors Contributing to ATV Accidents
Many factors contribute to ATV accidents. Most fall into two categories; operator behavior and equipment failure.
Operator Behavior
Operator behaviors, including those listed below, lead to many ATV accidents.
Driving without proper training. Lack of training can lead to serious mistakes, especially while crossing rough terrain, climbing steep slopes or traveling on paved roads (ATV tires are not designed for pavement). These mistakes can lead to a collision with another motor vehicle, collisions with stationary objects or other non-motorized objects or a non-collision accident, such as a rollover. If you have been involved in an accident caused by an untrained or inexperienced ATV operator, you may be entitled to compensation.
Hauling a passenger(s) or load against manufacturer's recommendations. Many ATVs are not meant to carry a load or additional passengers. Adding a passenger or load increases the vehicle's weight and hinders the vehicle's maneuverability, increasing the likelihood of a rollover. Though all ATVs are manufactured with published weight limits, an untrained or inexperienced operator may not realize the dangers associated with an overload.
Allowing children to operate adult-size ATVs. Most serious ATV accidents involving children happen while they are operating adult-size ATVs. Adult-Size ATVs have engine sizes and speed limits that require more strength, ability and experience than most children possess. The ATV industry recommends:
- Engines under 70 cubic centimeters (cc) for children 6 to 12 years of age
- Engines 90 cc and under for children 12 to 16 years of age
- Engines over 90 cc only for ATV operators age 16 and older
ATVs designed for children can be adjusted for maximum speed limits. In addition, the ATV industry recommends that a child be supervised by a responsible adult while operating an ATV. This also is the law in many states.
Driving on public roads
Where ATVs are permitted, ATV equipment requirements may be imposed, including:
- Headlights & taillights
- Brakes
- Muffler
- Spark arrester
No-Cost Review of Your Claim
Many ATV accident victims choose to seek out the services of a personal injury attorney, who can help them reach a settlement with those responsible or file a lawsuit seeking compensation for their suffering. Auto accident attorneys with experience handling ATV accident lawsuits can thoroughly evaluate your case and help file claims against negligent drivers and their insurer. Call the personal injury attorneys of Moore Faust Injury Law Group for a free consultation (605) 343-4357