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Andi's Law: Personal Injury & Criminal Law

Awareness To Prevent ATV Accidents

All-terrain vehicles (ATVs) are a very famous way to pass vacations or leisure time. These motorized vehicles are three or four-wheel. ATVs are used by farm laborers and farmers to maintain their farms. ATV can weigh a quarter of a ton and their speed is very fast. Driving ATV is enjoyable but it can mask considerable injury risk which is probably happen due to the negligent driving. Majority of the victims according to U.S. Consumer Product Safety Commission are kids and in 2007, above 15,000 people had injuries related to ATV. The driver can get traumatic brain injuries in ATV accident like the closed head injury.

Why You Need An Attorney?

Is there any option for those who are hurt in the ATV accidents? The main issue is that who caused the accident. If the ATV accident is caused by a person other than the victim, then the victim can sue him on the basis of negligence of the defendant by showing that

  • defendant had the duty to victim
  • Defendant breached his duty
  • Breaching duty caused the accident
  • Victim suffered damages and losses

In these cases, the percentage of fault and damages are allocated to each party accordingly by the jury. As with the car and truck accidents, the victims of ATV accident may recover his medical expenses, psychological anguish, lost income, pain, and property repairs. While the insurance covers the party at-fault. The ATV accident victim may recover some settlement but with the assistance of the Texas ATV Accident Attorney. The firm has attorneys who have the experience of dealing such cases and know the worth of the case.

Driving ATV Under The Influence

In many states, it is a criminal offense to drive ATV under influence. For some, it is common to drive for recreation under the alcohol or drug influence. It becomes difficult to get compensation for ATV accident if you get injured while driving under the influence. But if you get injured due to the negligent action of the ATV driver who operated under the influence then drunk driving which is a criminal conviction can be a strong proof of the personal injury lawsuit claim.

Lack Of Training

Lack of proper training is the one major reason of the ATV accidents. It is necessary to know how the vehicle works before operating it on paved roads, hillsides, or on the rough terrain. If not operating properly may cause ATV to roll over or crash. Also, many children who drive ATV get injured because that was intended to be operated by adults.  ATV engines that are 90cc and beyond are for those who are 16 or above.

Equipment Failure Cases

One can also recover compensation in the product liability case if he/she is in the single-vehicle ATV and got injuries. Sometimes, instead of operator failure, the ATV accident caused due to the equipment failure such as defective steering, helmet, or brakes, failure of lighting equipment, tire burst. In these cases, the claim can be made against the product manufacturer. The ATV and helmet should be preserved if the victim is sure that the equipment failure caused injury. The expert examines this evidence. And it is appropriate to bring premises liability suit if the ATV trail was damaged.