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.
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.
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:
Compensation can be awarded in order to cover a variety of expenses, including:
Many factors contribute to ATV accidents. Most fall into two categories; operator behavior and equipment failure.
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:
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.
Where ATVs are permitted, ATV equipment requirements may be imposed, including:
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
924 Quincy Street
Rapid City, SD
Copyright © 2023 MooreFaust - All Rights Reserved. A P.L.C. Moore-Faust Injury Law Group is a South Dakota Professional Law Corporation of Lawyers (Attorneys) registered with the South Dakota Secretary of State, practicing primarily in South Dakota, limiting their law practice primarily to claims against insurance companies, negligent individuals, and entities arising out of automobile accidents, truck accidents, bus accidents, pedestrian accidents, slip / trip and fall accidents, and wrongful death claims. A P.L.C. Moore-Faust Injury Law Group does not provide services relating to the diagnosis or treatment of injuries and their services are not endorsed by any medical doctor or doctors.
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