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Although often considered one of the most fun and relaxing vehicles, ATV accidents can cause severe injuries and death.
Despite the safety precautions taken by many ATV users, injuries can still happen. One of the most frequent ATV injuries involves ATVs rolling over. If you have been injured in one of the many kinds of ATV accidents while you were using your ATV as it was meant to be used, you may be able to recover some of the expenses spent on your injuries or other losses through a product liability claim.
When it comes to injuries from ATV accidents there are two types of product liability claims to look into. The first is a product liability claim that is filed as the result of an injury from a defective ATV or a defective part on an ATV. In order to prove a product liability from a defective ATV, you must be able to prove that your injury was caused by the improper manufacture of your ATV. Defective ATVs are usually the result of an error during manufacturing or sometime a problem at the dealership or during shipping. If you believe that your injury is the result of a defect, the manufacturer, parts manufacturer, dealership, shipper, or used dealership may be to blame and you should contact the ATV accident law firm Washington DC trusts right away.
The other type of product liability claim that might be applicable in the case of an injuries from ATV accidents is if the injuries are the result of “unreasonably dangerous” design. In this case, although there was no manufacturing defect, the parts were assembled or designed in such a way that there is no way to use the ATV without incurring an injury. Proving that an ATV has an unreasonably unsafe design can be difficult because “reasonable” is a very subjective term. However, if you were using your ATV the way it was meant to be used, it was not defective, and you were still injured, then you probably have a good case for an unreasonably dangerous product liability claim. In this case as well as with product defects, there are quite a few people who could be found responsible for this type of injury, often including the designers and the manufacturer.
The unfortunate reality is that even with the many, many safe and cautious ATV riders out there, there are still many ATV accidents that are the fault of an entity other than the driver.
Even if you did not own the vehicle that you got injured on in your ATV accident, you may still have a case. It does not matter who owned it, only who was injured. However, it is important to keep in mind that someone must have a physical injury in order for a case to be proved. Thus if you or someone you love was almost injured but somehow prevented it, you do not have a case. ATV accidents are scary even if someone does not get hurt. If you or someone close to you has been the victim of an ATV accident or car incident, turn to the automobile accident lawyer Washington DC is lucky to have.
ATVs, aka all-terrain vehicles, pose some serious hidden dangers to riders.
According to the Consumer Product Safety Commission, 135,000 people are injured every year due to ATV accidents. Out of those, over 700 people are killed in ATV accidents every year. Sadly, Approximately 1/3 of the people killed in ATV accidents each year are under the age of 16. Even worse is the truth that many of these ATV accidents could have been prevented if proper safety advice had been followed.
The Injury Journal reports that ATVs are actually associated with a higher mortality rate than other off-road vehicles. ATV accidents are especially common during holidays and school breaks. In 2015, there were 13 ATV-related fatalities and over 2,900 injuries during Memorial Day weekend, according to the Consumer Product Safety Commission.
Many ATV accidents are a direct result of the driver’s negligence. ATV accidents can be caused by a variety of reasons like drunk driving, speeding recklessly, hill-climbing, and vehicle rollover.
These ATV accidents can also occur if drivers and riders exceeding capacity on the ATV. Most of these vehicles are designed to hold one passenger—only. But often drivers add a second, or even third, person and that’s when things get very dangerous. Many times the ATV accident is a result of a passenger falling off the ATV. Also shifting weight as a passenger can be more difficult, which throws the entire vehicle off-balance and can be a cause of a crash.
It is also possible that an ATV has a defective auto part installed in its system. Any part, from the tires, throttle, clutch, shifter, gas tank, fender, if defective, can cause an accident. If you think the ATV accident in the Washington DC area is a result of a faulty part, you may be able to file a product liability claim.
One big causes of ATV accidents is when drivers use them on paved roads, which the vehicles were not designed for. When they are used on paved roads ATVs are prone to flipping over. ATVs are specifically designed to go off-road on trails, farmlands and ATV parks. ATVs have a high center of gravity and a narrow wheelbase, which is why it can be difficult to drive on paved roads in the Washington DC area. difficult to maneuver on paved roads. Since ATVS do not qualify as motor vehicles, the United States Department of Transportation does not regulate them, which allows states to grant authority to have such vehicles on public roads if they so choose. However, such permission is often tragic. According to CPCS data, 852 of the 1,243 fatal ATV crashes that occurred between the years 2009 and 2013 occurred on paved public roads. This represented 68 percent of the total number of fatal ATV crashes.
ATV manufacturers caution that these vehicles should not be used by any riders under age 6. However, despite the warnings, many children, even toddlers. Children are much smaller than ATVs and if they flip over while they are riding the ATVs they can be seriously injured or die. ATV accidents have caused broken spleens, ruptured livers, brain damage, amputations and death.
If you, your child or someone else you love has been involved in an ATV accident, you may want to speak with a skilled ATV accidents lawyer Washington DC to go over the details of your case.
As with all product liability claims, ATV accident claims are difficult to win because manufacturers are often equipped with a team of qualified lawyers. However, by choosing a highly qualified ATV accident attorney, like the ATV accident attorneys at Cohen & Cohen, you get the best chance at winning your lawsuit. If you were injured in the kind of ATV accidents that include a defective or unreasonably dangerous ATV, contact Cohen & Cohen immediately for your free evaluation.