ATV Injury Lawyer
ATV Injury Claims Lawyer
Riding ATVs, or all-terrain vehicles, can be a great pastime. Full-size ATVs weigh between 220 to 1170 pounds. Combine the weight with an off-road experience and ATVs are dangerous. So what do you do if you have an ATV injury? Can you collect money for your injury? Do you need to file a lawsuit? The answer depends on the details of your situation.
In this article, we take a look at a few different situations. It is important to remember every situation is different. If you believe you have a valid claim, you should talk to an experienced injury attorney for help.
Here is everything you need to know about ATV injury claims:
Where Is It Legal To Ride ATVs?
ATVs are not permitted everywhere in New Jersey. They are only permitted to use on private land and designated riding areas. The same is true in Pennsylvania. But in Pennsylvania, ATVs are allowed on public roads when an emergency is declared. Even while riding within the confines of the law, ATV accidents and injuries can happen.
Common Reasons For ATV Injuries
There are many ways people become injured with ATVs. The most common causes of ATV injuries include:
- defective design
- defective repairs/maintenance
- brake failure
- poorly maintained trails/property
- improperly trained driver
- reckless driving
Who Is At Fault?
There are several essential factors to evaluate an ATV injury claim. One of the first steps is determining who is responsible for the injury. ATV injuries can be the result of one or more examples of negligence. They include:
Defective ATV or Design
A manufacturer or distributor who releases a defective ATV or design may be held liable in an ATV accident under strict liability.
Defective Repairs Or Maintenance
Maintenance is important for all vehicles, including ATVs. When defective repairs or maintenance are the direct cause or contribute to an ATV injury, you may have a claim against the repair shop or even the parts manufacturer.
If the ATV accident victim was injured due to the negligence of another, the at-fault party may be financially responsible for the injuries.
Negligent Property Owners
Property owners may be held responsible for an ATV accident if their property is not properly kept or left in a dangerous condition.
If the victim of the ATV accident is a minor, a careless caretaker may be held liable for their injuries. In example, your child might go to a friend’s house. While at the friend’s house, they ride 4-wheelers without your knowledge or permission. If your child is injured in this type of situation, you may have a valid claim against the negligent caretaker.
Other Responsible Parties
Any actions or negligence from anyone involved with the ATV accident can be considered a part of the at-fault parties if they contributed to the injuries. If you were injured in an ATV incident, an experienced injury attorney may be able to help you.
How Are ATV Injury Claims Paid?
Money for ATV injuries can come from a variety of sources. The most basic answer is insurance coverage. Nearly all injury claims are paid by some kind of insurance. The details of your situation will help in identifying who might be financially responsible and how much money is available.
When it comes to ATV injury claims, you could be dealing with one or more types of insurance coverage.
ATV Insurance – ATV owners usually have insurance to cover the ATV and riders. This coverage may also pay for damage done by the ATV. Even with ATV coverage, it might be possible/necessary to seek additional compensation.
Premises Liability – Property owners have premises liability insurance to cover when other people are injured on their property. Premises liability claims usually cover property defects and property owner negligence.
Product Liability – When the ATV itself has a defect that causes injury, you could have grounds for a claim against the manufacturer. This kind of case could involve multiple manufacturers for specific parts used on the ATV.
Homeowners Insurance – depending on the situation, it might be necessary to pursue a claim against someone else’s homeowner’s insurance. This coverage usually applies to ATV users that do not live in the same household as the ATV owner, regardless of where the injury occurred.
Do I Need To File A Lawsuit?
In many situations, injury claims are settled to everyone’s satisfaction outside of court. However, we advise anyone with serious injuries to talk to an experienced injury attorney. An injury attorney can help protect the value of your claim while investigating and building your claim.
ATV Injury Lawyer
Kane & Silverman is a top-rated injury law firm serving Pennsylvania and New Jersey. If you have questions about an injury claim, contact us for a free legal consultation with an attorney.