Injury & Accident Attorneys Serving Oklahoma City, Edmond, Norman & All Of Oklahoma
All–terrain vehicle (ATV) accidents are easily deadly. Even when they aren’t fatal, these accidents tend to cause catastrophic injuries requiring medical care. There is a certain degree of risk you accept as an ATV rider, just as you do with your car, motorcycle, bicycle, etc. And there’s not much you can do to pursue a motor vehicle accident claim if you caused your injuries; however, if someone else was the cause, you may be entitled to maximum compensation. Call our Oklahoma City attorneys at 405-232-6490 to schedule a free case consultation.
What Are The Most Common Causes Of ATV Accidents?
ATV recreation is inherently risky. They are used for oftentimes dangerous conditions and terrain. They provide the opportunity to recreate on roads and trails that cannot be reached by cars and trucks. They are a source of enjoyment for people across our state. All that being said, sometimes an ATV accident is caused by preventable carelessness:
- Speeding
- Inexperienced drivers
- Drunk driving or driving under the influence of drugs or medication
- Operating an ATV at night without lights
- Failure to yield
- Reckless driving
- Inclement weather
- Poor riding conditions
- Defective tires
- Defective parts
- Faulty design or manufacture
Although ATV accidents happen all the time, not every crash is eligible for a claim handled by a lawyer. Personal injury and accident claims are based on negligence and must show that someone else’s carelessness caused your injuries. Because ATVs are so inherently dangerous, you need an experienced attorney on your side to demonstrate to insurance adjusters that this crash was not only someone else’s fault, but also entirely preventable had that person been acting responsibly.
What Are Common Injuries Caused By ATV Accidents?
Like a motorcycle or a dirt bike, ATVs offer no protection. If you are involved in a collision on this type of vehicle, you can easily be thrown off or crushed. The catastrophic injuries these types of crashes are capable of include:
- Broken back, neck, or spine
- Broken arms, legs, and other types of fractures
- Traumatic brain injury
- Internal bleeding
- Deep lacerations
- Scarring and disfigurement
- Amputation
- Paralysis
- Quadriplegia
- Coma
Given their nature, these injuries often lead to hospitalization, surgery, invasive medical care, and the need for ongoing care. They are generally very painful and traumatic. They may leave the victim without use of all of their body, or with a life-altering physical injury.
Who Can You Hold Liable For Your ATV Accident?
Fault depends on the root cause of the accident, rollover, or collision. Typical at-fault parties include:
- Manufacturer
- The driver of another ATV or of another vehicle
- The driver of the ATV on which you were a passenger
Our experienced attorneys will get to work immediately to determine the cause and liability for the ATV accident. We put all our resources to work on your behalf. Proving fault in these claims can be complex, but we have years of experience to put to use.
How Soon After An ATV Accident Should You Contact An Attorney?
You should contact our law firm as soon as possible. All injury and accident claims have a time-sensitive aspect as dictated by the statute of limitations. Once the filing deadline has passed, it is difficult or impossible to bring a claim.
Your first priority is getting medical care. Even if you don’t think you need emergency room care, you should schedule a checkup with your doctor. Certain injuries do not show symptoms right away. Once you’ve gotten the care you need, contact our attorneys so we can discuss your case and your options for pursuing maximum injury compensation.
How Does Age Affect Liability in ATV Accidents?
Age can have a significant influence on liability in ATV accidents.
Parents or guardians of minors may be held responsible for negligence. This is especially true if they allowed the minor to operate the ATV without proper training or supervision.
Some states also have age-related laws for ATV operation. For example, Oklahoma law states that it is illegal for a person under 18 to operate or be a passenger on an ATV unless they wear a helmet designed for that activity.
Are There Common ATV Defects That Lead to Accidents?
ATV defects are a leading cause of accidents and injuries. Common defects include:
- Faulty brakes: Faulty brakes can prevent the operator from stopping the ATV right away. This can lead to collisions.
- Steering issues: These can cause a loss of control. This is especially likely at high speeds or on rough terrain.
- Tire failures: Blowouts and poor traction can lead to rollovers.
The manufacturer or distributor could be held liable under product liability laws if an accident occurs because of a defect.
How Can I Prove the Other Party Was at Fault in an ATV Accident?
Proving fault in an ATV accident requires gathering evidence. The evidence must show the other party's negligence or reckless behavior. Essential steps include:
- Documenting the Scene: Take photos and videos of the accident scene. This includes any visible injuries, ATV damage, and the surrounding environment.
- Collecting Witness Statements: Collect contact information and statements from any witnesses.
- Filing Police Reports: File a report with the local authorities. Be sure to get a copy for your records as well.
- Seeking Expert Testimony: Accident reconstruction experts may be able to provide crucial insights. They can help you understand how the accident occurred and who was at fault.
What Role Does ATV Maintenance Play in Accident Prevention?
Regular maintenance of ATVs is critical in preventing accidents.
Proper maintenance ensures that all ATV components function as they should. This includes brakes, tires, steering mechanisms, and engines. Neglecting routine checks can lead to equipment failures and increase the risk of accidents.
Critical maintenance practices include:
- Frequent Inspections: Perform routine checks on brakes, tires, and steering to look for wear and tear.
- Scheduled Servicing: Follow the manufacturer's recommended maintenance schedule.
- Immediate Repairs: Address any mechanical issues as soon as possible to avoid exacerbating the problem.
What If the ATV Accident Occurred on Private Property?
The circumstances of the incident and property ownership play crucial roles in determining liability if an ATV accident occurs on private property.
Property owners might be held responsible if unsafe conditions or lack of proper warnings contributed to the accident. A person's claim could also be compromised if the rider was trespassing or acting in a negligent way.
Consulting with experienced attorneys like Johnson & Biscone can help you navigate the complexities of private property ATV accident claims.
Why Choose Johnson & Biscone?
Johnson & Biscone, P.A. has represented Oklahomans in personal injury cases across the state for over 40 years. The firm's attorneys also boast more than 90 years of combined legal experience. Their careful approach and in-depth expertise make them the ideal choice for anyone seeking legal support when filing an ATV accident claim.
Experienced Advocacy for Your ATV Accident Claim
If you or a loved one has been injured in an ATV accident caused by someone else’s negligence, you may be owed maximum compensation for your medical bills, loss of wages, pain and suffering, and other damages. To arrange a consultation with the experienced attorneys at Johnson & Biscone in Oklahoma City, please call our staff at 405-232-6490.
