Houston ATV Accident Attorneys
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According to the Consumer Product Safety Commission, more than 135,000 people are injured every year because of an accident involving a recreational all-terrain vehicle (ATV). What's more is that over 700 are involved in a fatal crash; one-third of such fatal accidents occur to children who are under 16 years of age. This is nothing to take lightly. If you have been injured in such an accident, no matter whether it was recreational or if it was while on the job, you could have grounds to file a personal injury claim to recover full and fair compensation. Speak with our Houston ATV injury lawyers as soon as possible to discuss your case.
The leading causes of ATV accidents include the following:
- Operator Behavior - Often, ATVs are being used is in rural land. Should the operator not know the way to handle the vehicle, it can cause them to be ejected, for the car to roll over, or for them to lose control.
- Incorrect Number of Passengers - Another common cause is when an operator puts a passenger on an ATV when it is designated as one person only. ATVs may have the "room" to fit another body, but they commonly not built to safely hold more than one. Not just because of weight limits, but also because a passenger can't maneuver with the vehicle. When operating a smaller ATV, the driver will have to shift their weight to stay balanced; a passenger won't be able to shift with the vehicle intuitively and will be vulnerable to falling off or throwing off the entire vehicle's balance.
- Defective ATV - Should the throttle stick, steering lockup, suspension be faulty, or tires blowout, it can lead to an accident. In these cases, the vehicle operator will not be at fault, but rather the designer or manufacturer.
ATV Accidents Can Lead to Serious Spinal Injuries, Especially for Children
When it comes to ATV accidents, studies have shown victims frequently suffer spine injuries. The people who are most commonly hurt are women and older children. Recent research showed that between 1997 and 2006, there was a 240% increase in the amount of child-related ATV injuries. Between those same years, there was a 436% increase in the number of spine injuries resulting from ATV accidents. Children who sustained a spine injury in an ATV accident are at an increased risk of associated injuries in the future. Not only are they at risk of suffering again, but there is a concern that the injury may not be adequately treated the first time around if the condition is not noticed during the first X-ray. Regardless of whether an injury is not fully-treated or if a later injury aggravates the condition, such spinal injuries can cause lifelong pain for the victim.
In addition to spinal injuries, riders can also suffer from the following:
- Abdominal injuries
- Closed head injuries
- Spinal fractures
- Appendicular skeletal fractures
- Neurological injuries
Because there is a danger for spinal injuries, ATV manufacturers work hard to improve the safety of their vehicles, as well as usage instruction quality and warnings. Still, there are many times that even precautions are not enough to help someone avoid an accident.
ATV Accident FAQ
Does insurance cover ATV accidents?
ATVs are usually not covered by vehicular insurance policies that would typically compensate victims of car, truck, or motorcycle accidents, and this can make it more challenging to move forward with a case. A victim will need to see if a different type of insurance policy will apply and what party (or parties) should be held responsible for the accident and the injuries it caused.
The owner of the ATV could be responsible if he or she allowed a minor or inexperienced person to ride. The owner of the land where the accident occurred could be liable if hazardous conditions were present that contributed to the rollover or other accident. The manufacturer of the ATV could be responsible if it was improperly designed or built. Each of these parties may have insurance that would cover the accident.
It was my first time riding an ATV, and I was seriously injured. Was it my fault?
If you were operating the ATV and it rolled over or you otherwise lost control and were injured, it may seem like the accident was your fault. You need to remember, however, that there may have been factors outside of your control that caused the accident to occur. If the ATV’s design made it more likely to roll over even though you were driving it correctly, this is not your fault. If the land was particularly hazardous and you were not warned of this fact, you should not be responsible. Our team can investigate your accident to see who is really to blame.
What is my ATV accident case worth?
You could be entitled to compensation for any injury or loss associated with your ATV accident. This may include medical expenses, ongoing treatment and therapy, emotional trauma, disfigurement, scarring, lost income, and loss of future earnings. This compensation is meant to help you put the pieces of your life back together, and considering how serious an ATV accident can be, your settlement or award may be significant. Because every case is different, you can get a better idea of what yours is worth by talking to an attorney.
Take the First Step: Call (888) 493-1629 for a Free, Confidential Consultation
At Arnold & Itkin, we take on personal injury claims of all kinds—including ATV accident cases. While not as common as some other motor vehicle accidents, it is essential to note that ATV accidents can lead to debilitating and even life-threatening injuries. It is therefore crucial that you do not hesitate to get the involvement of a Houston ATV lawyer as soon as possible so we can help you.
To discuss your case in a free consultation, give our firm a call today at (888) 493-1629!