All-Terrain Vehicle (ATV) Accidents

Every year thousands of people are injured and hundreds are killed in ATV accidents. This recreational sport attracts both men and women of all ages and despite improved safety efforts, the past time is still incredibly dangerous. If you have been injured due to an ATV, the manufacturer and the property owner could both share a portion of liability. In this article we will explain the serious effects of ATV accidents, common causes of these accidents, and the various people who the court may deem responsible. Furthermore, there are multiple people who could potentially be responsible for one single ATV accident. If this has happened to you, or a member of your family, Grossman Law Offices may be able to help you through your recovery process and hold these defendants accountable for their negligence.

What is an ATV and How Can I Be Injured?

ATV stands for all-terrain vehicle. These types of vehicles are commonly used for sport and entertainment and are generally ridden over rough terrain. Due to riding on this uneven ground, many ATV accidents involve the vehicle rolling over onto the rider. This commonly results in back, neck, and brain injuries. These types of injuries are obviously traumatic and frequently require an extended period of recovery. Despite undergoing physical therapy, a great deal of ATV accidents leave the rider permanently disabled. Even worse, many ATV accident injuries are fatal. It is horrific to suffer a traumatic injury like those often associated with ATV accidents, but it is much more upsetting when these injuries were caused by the negligence of another person and arguably could have been prevented.

Manufacturing Defects in ATVs

Many ATVs used to be built with only three wheels which directly caused thousands of people to be injured and killed. This has since been proven to be a design flaw generally resulting in newer ATVs being constructed with four wheels instead of only three. While this has slightly reduced the number of accidents, it has not completely fixed the inherent dangers of riding ATVs and it has not eliminate the manufacturer's liability for injuries sustained in ATV accidents.

Despite having four wheels, many ATVs are still considered inherently dangerous. If the vehicle becomes unbalanced it can easily overturn and crush the rider beneath it. It is important to note that even though the manufacturers have constructed the new ATV vehicles with four wheels this effort does not automatically ensure complete balance. These vehicles tend to be incredibly top heavy and the manufacturer designs them with the intent of riding the ATV on extremely uneven terrain. It is arguable that the vehicle itself is defective due to this inherent hazard.

If something is considered by the court to be inherently dangerous and too hazardous for its use, the manufacturer can be held responsible for any resulting injury despite taking proactive measures to reduce the risk of injury. If we can prove that the vehicle is defective based on the inherent danger of the product, then we can sue the manufacturer based on a product liability cause of action.

Or your accident may have been caused by a defective part on the ATV. Many cars have defective products which cause them to wreck; this is also a danger in ATVs. If the accelerator on your ATV malfunctions it could cause the vehicle to suddenly speed up and cause you to be injured. Or the tires on the ATV could be defective. ATV tires are exposed to numerous sharp objects when driving around. It also probably experiences hard and repetitive impacts when maneuvering through uneven land. In order to be safe, the tires on ATVs must be uniquely strong and capable of withstanding this challenging environment. If the ATV manufacturer equips the vehicle with the wrong size tire, or constructs the tire itself with faulty or insufficient material, then it could fail while you are riding causing you serious harm. This type of defect would also allow us to sue the manufacturer under the claim of products liability and you would be entitled to receive compensation for your injuries.

Premises Liability

There are many open areas of land in the DFW Metroplex where people frequently love to ride ATVs. If the property owner knew of an exceptionally dangerous condition on the premises which caused you or other ATV riders to be injured, the property owner could be responsible under a premises liability cause of action.

Even if you are a trespasser on another person's property, they may be liable to you for your injuries if the property owner had reason to believe that someone could likely be hurt on the property due to this hazardous condition. The property owner owes you a certain standard of care as a trespasser. If the owner knew that people frequently trespassed on his property to ride ATVs then he had a duty to inform or warn you about any dangerous conditions which you would otherwise be unaware of, or not likely to discover.

Therefore, if you have been injured due to a defective ATV or due to a dangerous condition on a property on which you were riding, you may be entitled to recovery for your damages. Our attorneys at Grossman Law Offices have helped hundreds of personal injury victims seek the compensation they need to move on with their lives. Grossman Law Offices has been helping people in the Dallas-Fort Worth area for over two decades and we may be able to help you, contact Grossman Law Offices at 1-855-326-0000.

By E. Michael Grossman

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