An ATV Injury Can Occur Even When Driving an ATV Properly
ATVs, or "all-terrain vehicles," also known and four-wheelers, and quads, are vehicles for the adventurous, but that doesn't mean they cannot be driven safely or that all ATV injury is the result of driver error or assumption of risk.
The U.S. Consumer and Product Safety Commission estimated that over 93,000 people visited the emergency room complaining of ATV injuries. That same year, there were 285 deaths reported from ATV accidents.
An ATV accident attorney can analyze your case and help you distinguish between those cases where injury was a result of driver error or lack of judgment and those cases whose cause is a defective product or negligence.
A good ATV crash attorney will be able to identify and analyze are four potentially liable parties in a quad accident:
- The owner of the ATV. If the ATV you were injured on malfunctioned because the ATV was not properly maintained, you may have a case against the owner, who has a legal duty to properly maintain the ATV.
- Part of the chain of distribution of the ATV. This includes the designer, manufacturer, distributor, wholesaler, and retailer. If there as a defective component of the ATV that caused the quad accident, you don't have to prove negligence on anyone's part; you would just have to prove the elements of a product defect case.
- The owner of the land you were riding on. Just like the ATV owner has a duty to maintain the ATV, the landowner also has a duty to maintain his or her property in a way that ATV accidents can be avoided if the ATV driver is acting with ordinary prudence. The extent of the landowner's duty depends on your status on his property (there as an invited guest, there to do business, or there without permission). A quading accident attorney can help walk you through the differences.
- The driver of the ATV. The driver of the ATV also has legal duties to drive with ordinary caution. If you were a passenger on the ATV, you are legally in a better position than if you were the negligent driver. If you were driving, the percentage of your own negligence would work to reduce, and potentially eliminate completely, your ability to recover for your injuries under what is called comparative negligence.
Your ATV injury could be the result of any combination of the above, and perhaps all of them.
The ATV accident attorneys at Parry & Pfau focus our practice on the representation of the victims of negligence of all kinds, including off-road ATVs, street legal ATVs, and in a side-by-side UTV accident. If you've been in an ATV rollover accident or had any other ATV injury, speak to an ATV accident attorney at our firm and get free legal advice as to how to proceed.