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ATV Accident Lawyer: The Importance of Seeking Legal Counsel

by | Jul 10, 2024 | Personal Injury

All-terrain vehicles can be exhilarating for many individuals, but they can also be dangerous and result in severe injuries for others.

Each year, many Americans are injured in ATV accidents. A day of enjoyment might turn into a lifetime of misery. An ATV accident lawyer could aid you in getting better if you suffered injuries in an all-terrain vehicle accident.

In this blog, we’ll look at the dangers of ATVs, how to ride safely, and the role of ATV accident lawyers in these types of cases.

Are ATV Dangerous?

ATV riding is a popular daily activity that many people engage in. When you consider ATVs, what springs to mind? You must think about vacationing, excitement, fun, and off-road adventures.

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What is an ATV accident? Many people utilize ATVs for recreation, transportation, and other purposes, regardless of the weather. Unfortunately, many people ride ATVs without a good understanding of how they work or what to do in an emergency. This explains why there are numerous ATV accidents.

ATVs can travel at 65 mph and more because of their massive, potent motors. They can easily tip over, knock riders and passengers off balance, or even roll over on top of riders because of their high center of gravity and lack of roll bars, safety cages, or seatbelts.

A rider trapped behind an overturned ATV weighing between 300 and 1000 pounds could be crushed. This is what frequently results in shattered bones as well as fatalities.

It is appropriate to be aware of and adhere to these safety precautions while riding because they are the main contributors to more than 80% of ATV-related deaths and most accidents. ATV accidents result in hundreds of fatalities annually and thousands of severe injuries to individuals.

How many ATV deaths per year? The U.S. Consumer Product Safety Commission (CPSC) estimates that ATVs are responsible for more than 125,000 accidents and more than 600 fatalities annually in the country. The average age of people who sustain the most wounds is 16 or younger.

ATV Accident Statistics 2024

In 2024, deaths related to all-terrain vehicles (ATVs) in the U.S. increased by a third, according to a new report from the Consumer Product Safety Commission (CPSC). All-Terrain Vehicles (ATVs) were responsible for 96% of off-highway vehicle (OHV) injuries between 2016 and 2020. Between 2018 and 2022, over 504,000 people were treated in emergency rooms for ATV injuries.

To reduce these injuries and deaths, the CPSC has issued 24 recalls for unsafe ATV equipment since early 2023. The CPSC advises keeping ATVs off public roads and only using them on paved roads if necessary and permitted by law.

How Common are ATV Accidents?

Accidents involving ATVs happen more often than people realize. According to the American Academy of Pediatrics, more than 3,000 people died due to ATV accidents between 1982 and 2015, while four children visited U.S. emergency departments per hour for injuries incurred in such incidents.

All around the United States, people use a wide variety of ATVs. Four-wheelers, side-by-sides, and off-road vehicles are a few typical ATVs. While many people enjoy off-road sports without accidents, many ATV riders incur serious injuries.

The ATV Dangers and How They Affect Your Health

Minor cuts and bruises to more severe head injuries are all possible injuries. The deadliest injuries are those that develop after a rollover accident. Rolling over is the most typical way for an ATV to crash. As a result, injuries to occupants in a flipping car may be very serious.

Spine injuries, penetrating or blunt head injuries, chest and abdominal injuries, a fractured pelvis, and significant bleeding are just a few examples of rollover accidents. Possible ATV accident injuries include the following:

After an all-terrain vehicle accident, you should get medical help even if you don’t think you’ve been hurt. Injuries should be considered seriously since these vehicles do not provide adequate protection for other road users.

What are the Main Causes of ATV Accidents?

Driving ATV without license for older children and teenagers is not a problem in most states. However, significant safety dangers accompany the exhilaration. Here are some of the causes:

Defective Parts: While driver negligence is the primary cause of ATV accidents, malfunctioning parts can also play a role in these mishaps. The seller or manufacturer may be held accountable for selling a defective product if a particular vehicle component develops a flaw and results in an accident.

Driving under the influence: Driving while intoxicated by alcohol, prescription pharmaceuticals, or illicit drugs is one of the leading causes of ATV collisions, as with all other traffic accidents and fatalities.

Inexperience: Another major factor in ATV crashes is inexperienced ATV operators. A beginner should refrain from using the vehicle.

Paved surfaces: When kids drive on a paved surface, it isn’t easy to control the vehicle.

Multiple passengers: Many ATVs are made to accommodate just one person. A formula for tragedy ensues when a second or even third passenger is added.

Unfamiliar territory: The likelihood of an accident increases while using ATVs on uncharted terrain. A driver should familiarize themself with the terrain before increasing the pace.

Improper safety equipment: Safety equipment can shield the driver, passengers, and other accident participants from harm.

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ATV Accidents in 2024

Over the Fourth of July holiday, 2024, three separate ATV accidents on Kodiak Island resulted in two deaths and one injury, according to Alaska State Troopers.

The first accident happened on 3rd July, when 65-year-old Kodiak resident Lon White died after his ATV rolled over on the Pillar Mountain Trail. He was wearing a helmet, and there were no signs of impairment.

The second incident occurred on July Fourth, when a 13-year-old boy went missing while riding an ATV near the Pasagshak area. Family and friends found him pinned under the ATV in Lake Rose Tead. He was declared dead at the scene and was also wearing a helmet.

The third accident was also reported on July Fourth, involving an overturned ATV on Surfer’s Beach, south of Pasagshak. An injured man was found 500 yards from the roadway. He was not wearing a helmet and was flown to a local hospital with non-life-threatening injuries.

West Virginia ATV Accident

On June 26, 2023, An 11-year-old child died in an ATV accident in Wayne County when a dog aboard the vehicle accidentally hit the accelerator. The 18-year-old driver lost control of the ATV while attempting to move the dog, causing the vehicle to go over an embankment. The other passengers, a 12-year-old and the 18-year-old driver, were injured and taken to the hospital. The dog sustained minor injuries.

Throughout the U.S, including West Virginia, All-Terrain Vehicles (ATVs) are extremely prevalent. In West Virginia, specifically, there are multiple laws in effect that pertain to the usage of ATVs.

ATV operators in West Virginia are always required to comply with the state’s laws. If you or someone close to you has been injured in an ATV accident due to the carelessness of another individual, it’s crucial to get in touch with a West Virginia atv accident lawyer promptly to understand your potential legal responses.

The Role of ATV Accident Lawyers in Personal Injury Cases?

Accidents with ATVs are frequently brought on by insufficient training and a lack of understanding of how to drive the vehicle in various rugged terrains. This results in personal injury claims. In these circumstances, ATV accident lawyers are quite important.

ATV accident lawyers can assist injured people in managing their ongoing medical care in the event of a serious injury. Injury attorneys can also file ATV accident lawsuit cases on behalf of their clients and fight for them to receive favorable decisions.

ATV wreck lawyers also help victims compile vital evidence for a case to support responsibility. A four-wheeler wreck lawyer will hire specialists to help interpret or compile crucial evidence if required.

A personal injury lawyer can submit a demand letter on behalf of the victim when the at-fault party has insurance that will pay the victim back. It is stated in a demand letter that the accident victim plans to submit a personal injury claim to their insurance company.

ATV accident attorneys are aware of the importance of ATV claims. This implies that they will require negligent and at-fault parties to contribute fairly to the losses suffered by a victim.

ATV accident lawyers are also skilled at spotting undiscovered merit in a case. ATV Injury lawyers assist in getting their clients the most payout by locating additional value.

Additionally, attorneys are important in managing the complications of a case so that accident victims can concentrate on recovering.

How to Avoid an ATV Accident?

More than 80% of ATV fatalities can be attributed to unsafe use practices and a failure to heed safety instructions. Follow ATV safety recommendations, such as those regarding age, equipment, and terrain considerations, to ride safely.

  • Always stick to the legal speed limit.
  • Avoid drinking while driving.
  • Put on the proper protective gear.
  • Comply with safety advice.
  • Always be conscious of the shifting climatic and road conditions.
  • Pay attention to other riders, kids, and animals.
  • Take a vehicle of the right size for your age.
  • Ride on a specific path.
  • Follow traffic regulations.
  • Each time, conduct a pre-ride inspection.

Even though many risks are involved while using an ATV, heeding these recommendations will assist in reducing accidents and injuries.

What to Do if You’re in an ATV Accident

  • Even if you believe you are fine, you should still visit a doctor.
  • Take pictures of your injuries and accident.
  • Contact the witnesses and gather evidence.
  • Inform the company if you have ATV insurance.
  • Consult an ATV accident lawyer.

When an ATV accident occurs, it’s critical to seek medical attention immediately, gather information from anyone involved or present at the scene, call the police, file a report, and speak with a personal injury attorney and the insurance company.

What Eligibility Do I Have to File a Claim?

You have the option to make a personal injury claim for reimbursement if you believe another person is to blame for an ATV accident or any other occurrence that causes physical harm, monetary loss, or emotional distress.

The victim must need medical records to prove his injuries happened by accident. LezDo TechMed helps the victim establish the injury’s existence, cause, nature, and extent by reviewing their medical records.

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ATV accidents typically do not result in fatalities, and most injured people recover. However, the remaining emotional, physical, and mental scars can be detrimental to the victim. If you were hurt by an ATV that was excessively risky or faulty, a product liability lawsuit against the manufacturer might also be an option for you.

The jury will determine how much compensation you are entitled to when you resolve a claim with an insurance provider or file an ATV accident lawsuit. With an ATV accident lawyer by your side, you can submit a personal injury claim to receive compensation for damages such as

  • Your present and upcoming medical costs
  • Costs of rehabilitation
  • Lost income
  • Lost capacity to earn
  • Compensation for pain and suffering

You could be eligible for ATV accident settlements for the losses and damages. You can rely on a skilled ATV accident lawyer to protect your rights and see that anyone involved is held accountable.

To conclude,

We do not intend to frighten you away from riding ATVs, but you must know the risks and be prepared for an ATV accident. Observe all ATV safety precautions, such as those related to age, equipment, and terrain, to ride safely.

Many parents are not aware of the dangers of ATVs for kids. They must arm themselves with knowledge about the risks posed by ATVs. Parental guidance and adult oversight of teen drivers can help reduce many of the risks. If an accident occurs, seek legal help and choose wisely when considering your next steps.

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