ATVs, or all-terrain vehicles, are motorized vehicles used for work and recreation. These can weigh up to 500 pounds or more, and they can attain speeds of up to 55 mph. Because ATVs are top-heavy, the chance of a rollover is higher than with a normal vehicle. ATV accidents must result in injury, property damage or death to be regarded as an accident, and the vehicle’s driver is responsible in many cases.
Common Causes of ATV Accident Liability
Most ATV accidents fall into one of two categories: equipment failure and operator behavior. A driver can be held responsible if they drive without the right training, or hauls cargo against the manufacturer’s recommendations. If children are allowed to operate the vehicle, or if it’s driven on public roads or under the influence of drugs or alcohol, the operator can be liable.
Equipment may be to blame if a failure occurs in the brakes, throttle, tires, steering, lighting or suspension. The ATV’s manufacturer may be held liable if a poorly designed or defective vehicle is sold. Victims and an ATV Accident Lawyer in Duluth, MN must prove that the defect was the cause of the accident in order to gain compensation.
Some ATV accidents result in serious injury or even death, with TBIs (traumatic brain injuries) being the most common. TBIs can include permanent concussion symptoms, injuries to the neck and spinal cord, fractures, and dislocations. Many ATV injuries occur when the vehicle flips over. Along with TBI, victims can also experience emotional, mental and physical impairment.
To get compensation, a victim and their attorney must prove the other party’s negligence. To do so, the ATV accident lawyer in Duluth, MN must prove that the plaintiff suffered an injury caused by carelessness. In certain instances, the doctrine of comparative negligence can leave more than one party at fault. Victims can receive compensation for lost income and earning potential, medical bills, damaged property and physical pain.
Does a Victim Need an Attorney?
Some accidents are handled by insurers, but in most cases, help from Vukelich Law Firm, PLLC is necessary. If the insurer refuses to offer fair compensation or delays settlement, or if the at-fault party isn’t insured, a lawyer can pursue a personal injury claim.