While All Terrain Vehicles, commonly referred to as ATVs, are a fun and popular recreational vehicle, they can also be very dangerous. All too often victims of ATV accidents suffer serious injuries such as broken bones, head injuries, back injuries. There have even been cases where the victim of an ATV accident suffered such a severe brain injury that the victim did not survive. According to the Consumer Product Safety Commission there have been 9,600 ATV related deaths over the past 30 years. While there are many possible causes of ATV accidents, many such accidents are caused by negligence. In the same way that a victim of a car accident may seek damages from the negligent person through a personal injury claim, New York law allows victims of ATV accidents and their family members to seek damages as well. If you or a loved one are in need of a New York Injury Lawyer due to injuries suffered in an ATV accident caused by the negligence of another person, it is important to speak with an experienced Bronx ATV Accident Lawyer who will explain your options for pursuing a personal injury claim or wrongful death claim. In addition, if during the course of the treatment for your injuries the medical staff commits medical malpractice, the party responsible for your ATV crash injuries may be required to compensate you for that as well.
Danger of ATVsAll terrain vehicles are motorized vehicles that typically have four large tires, with a seat in the middle that a rider straddles while steering by the handlebars. They are meant to be used off-road or on dirt roads, not on paved roads or highways. Historically they were almost exclusively used on by farmers as a type of work vehicle. Now ATVs are often used for fun, and many users are children. The combination of a fast, heavy vehicle being operated by a child is far too often catastrophic. Recently in New York a 13-year-old girl was riding an ATV along with a 12-year-old friend. The ATV collided with a tractor. Both girls were ejected from the ATV, killing the 13-year-old.
High center of gravity. Weighing more than 800 pounds, ATVs have a high center of gravity. This means that like SUVs, ATVs are prone to roll over.
Designed to travel on harsh terrain. Because ATVs often travel on harsh terrain that includes rough surfaces, rocks, and debris, they are more prone to travel over terrain that will cause the driver to lose control and end up in an accident.
Few safety features. Because they have no roll bars, safety cages, or seatbelts, when they tip over riders are thrown. In some cases the ATV ends up rolling over on top of the riders.
ATV accidents can result in serious physical injuries that include: back injury, brain injury, burn injury, broken collar bone, amputation and spinal cord injury. Of the serious personal injuries caused as a result of ATV accidents, statistics have shown that approximately 75% cause severe damage to the head, neck and spine, often resulting in long term disability or paralysis.
Product Liability ClaimsWhile many ATV accidents are caused by negligent driving, other accidents are caused by defects in the ATV. Under product liability law if you are injured in an ATV accident due to a defect in the design or manufacturing of the ATV, you may be able to recover damages from its manufacturer. In recent years there have been multiple defective product lawsuits settled against ATV manufacturers, including multiple lawsuits against the Yamaha Motor Corp. concerning its line of Rhino ATVs. See In re: Yamaha Motor Corp. ATV Products Liability Litigation. No. 3:090-MD-02016-JBC, MDL No. 2016.
Types of DamagesThrough a personal injury lawsuit there are a variety of types of damages that may be available to you based on the losses you suffered due to another person's negligence. For example, victims who suffer serious injuries after being injured in an ATV accident will undoubtedly face substantial medical expenses. These expenses include the fees your doctors charge, ambulance fees, emergency room fees, hospital fees, surgical fees, costs of prescriptions, costs of medical equipment, as well as fees associated with rehabilitation.
Whether you miss a few weeks or a few months of work, the negligent party is responsible for paying you the wages and other compensation that you lost. Pain and suffering is a legal term that encompasses not just physical pain, but also emotional and mental suffering such as fear, grief, worry, inconvenience and the loss of the enjoyment of life.
If a loved one dies in an ATV crash, under New York law the legal representative of that person may file a wrongful death lawsuit to recover damages.
Bronx ATV Accident LawyerIf you or a loved one has been injured as a result of an ATV accident, you may be entitled to receive compensation for your pain and suffering. Stephen Bilkis and Associates, PLLC is experienced in handling personal injury cases stemming from ATV accidents as well a car accidents, truck accidents, and other types of vehicle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.