When to Call an ATV Accident Attorney

by | Aug 21, 2023 | Personal Injury, Product Liability, Product Recall, Vehicle Accident

All-terrain vehicles (ATVs) are popular recreational vehicles that offer adventure and excitement for enthusiasts of all ages. These versatile machines are used for off-road exploration, trail riding, and even work purposes in some cases. However, with their thrill comes a level of risk, and accidents involving ATVs can lead to serious injuries, property damage, and legal complexities. When facing the aftermath of an ATV accident, it is crucial to understand when it is time to call an ATV accident attorney to ensure your rights are protected and justice is sought.

In the article below, the ATV accident lawyers at Kherkher Garcia focus on mechanical defects and defective parts that contribute to accidents and injuries. Our team will explore the risks, recent recalls, and how you can protect your legal rights.

ATV Mechanical Defects and Defective Parts

Mechanical defects and defective parts are a common cause of ATV accidents. Often, defects are discovered after accidents and injuries occur, and then recalls are initiated to warn consumers. It is important to be aware of recalls for your ATV. You can check for recalls by entering your VIN on the manufacturer’s website or by contacting the manufacturer’s customer service. It is also a good idea to keep your ATV’s registration and maintenance records up to date. This will help you to ensure that your ATV is safe to operate.

Some recent ATV recalls highlight just how dangerous and varied defective parts can be. The Consumer Product Safety Commission (CPSC) has recalls on the following:

  • Polaris Recalls Certain Model Year 2019-2022 Sportsman 450 and 570 ATVs: Recall is due to a potential fire hazard that could also cause loss of front brakes.
  • Arctic Cat Recalls Certain Model Year 2022 Alterra 600 and Tracker 600 ATVs: Recall is due to a defective fuse, which can cause loss of power and headlights.
  • Can-Am Recalls Certain Model Year 2021 Outlander XT-P 1000R ATVs: Recall is due to a defective speedometer, which causes loss of control and a crash hazard.
  • Honda Recalls Certain Model Year 2012 Rancher 420 ATVs: Recall is due to a defective upper suspension arm, which can cause a loss of control and crash hazard.
  • Yamaha Recalls Certain Model Year 2021 Wolverine RMAX4 1000 EPS ATVs: Recall is due to defective rear shock absorber mounts, which can break and pose crash and injury hazards.

These are only a sampling of the types of mechanical and part defects that can cause accidents and injuries. ATV owners, operators, and passengers should be aware of the risks of using an ATV and should always wear appropriate safety gear.

Understanding the Risks of ATV Accidents

ATVs are designed for off-road use, which means they are often driven in rough terrains, uneven surfaces, and challenging environments. While they provide exhilarating experiences, they can also be inherently dangerous. According to the CPSC, there were approximately 81,800 ATV-related injuries requiring emergency room treatment in the United States in 2020 alone. These injuries range from cuts and bruises to more severe outcomes such as broken bones, spinal cord injuries, and even fatalities.

ATV Accidents and Injuries

ATV mechanical failures or defects can lead to a range of injuries, some of which can be quite severe. When an ATV’s components malfunction due to design flaws, manufacturing defects, or improper maintenance, it can result in accidents that cause injuries to riders and even bystanders. Here are some common injuries related to ATV mechanical failure or defects:

Crashes and Collisions

Mechanical failures, such as brake failures or steering malfunctions, can cause riders to lose control of the ATV, leading to crashes and collisions with obstacles, other vehicles, or structures. These accidents can result in a wide range of injuries, from minor cuts and bruises to more serious injuries like broken bones, concussions, and spinal cord injuries.

Ejection Injuries

If a mechanical failure causes a sudden loss of control or a jolt to the ATV, riders might be ejected from the vehicle. Ejection injuries can include abrasions, contusions, fractures, dislocations, and head injuries. In some cases, riders can be thrown a significant distance, increasing the severity of their injuries.

Roll-Over Accidents

Some mechanical failures can lead to roll-over accidents, where the ATV tips over onto its side or even rolls multiple times. These accidents can result in riders being pinned under the ATV, leading to crush injuries, fractures, internal injuries, and even fatalities.

Acceleration or Throttle Issues

Defects in the throttle or acceleration system can cause unintended acceleration, making it difficult for riders to control their speed. This can lead to collisions with obstacles, trees, or other vehicles, causing injuries ranging from broken bones to head and spinal injuries.

Brake Failures

Brake failures are particularly dangerous as they can prevent riders from stopping the ATV or slowing down effectively. This can result in high-speed collisions, roll-overs, and crashes, causing injuries to various parts of the body, including head, limbs, and torso.

Tire and Wheel Failures

Malfunctioning tires or wheels can lead to loss of control, particularly in uneven or off-road terrains. Blowouts or sudden deflations can cause riders to lose balance and crash, resulting in injuries such as fractures, lacerations, and head injuries.

Defective Safety Gear

Some injuries related to mechanical failures might not be immediately apparent. For example, if safety gear such as helmets or harnesses fail due to defects, riders might sustain more severe head, neck, or spinal injuries than they would have with properly functioning gear.

Fuel and Engine Malfunctions

Engine-related defects can lead to fires or explosions, especially in ATVs that use flammable fuels. Such incidents can cause burns, smoke inhalation, and serious internal injuries.

Suspension and Frame Failures

Mechanical issues in the suspension or frame of an ATV can lead to instability, making it harder for riders to control the vehicle. This can result in crashes, ejections, and injuries ranging from sprains to more severe injuries like fractures and head trauma.

It is important to note that many ATV accidents resulting from mechanical failure or defects can have multiple causes or contributing factors. An investigation into the accident’s cause can help determine whether a mechanical failure played a role and whether a product liability claim against the manufacturer, distributor, or seller of the ATV is warranted.

When to Consider Hiring an ATV Accident Attorney

After an ATV accident, getting medical assistance is your first priority. But there are some situations that may warrant contacting an ATV accident attorney as soon as possible. Here are some examples of when it is time to contact an attorney:

There are Serious Injuries or Fatalities

If you or a loved one have sustained serious injuries in an ATV accident, or if the accident has resulted in a fatality, it’s imperative to contact an attorney as soon as possible. Severe injuries often result in extensive medical bills, long-term rehabilitation, and potential loss of income. In cases of wrongful death, an attorney can help the surviving family members pursue a wrongful death claim to seek compensation for their losses.

Insurance Companies Want to Negotiate

Dealing with insurance companies after an ATV accident can be complicated. Insurers might attempt to settle claims quickly and for minimal compensation. An experienced ATV accident attorney can help you understand the true value of your claim, negotiate with insurance adjusters, and ensure that your rights are protected throughout the process.

It is Unclear Who is Liable for the Accident and Injuries

Determining liability in an ATV accident can be challenging, especially if multiple parties are involved. An attorney can help investigate the accident, collect evidence, interview witnesses, and analyze the circumstances to establish who is at fault. Whether the accident was caused by another ATV rider, a vehicle driver, a property owner, or a manufacturer defect, an attorney can navigate the complexities of liability to build a strong case.

The Statute of Limitations is Passing Soon

Every legal claim has a statute of limitations, which is the timeframe within which you must file a lawsuit. This time limit varies depending on the jurisdiction and the nature of the claim. Failing to file within the statute of limitations could result in losing the right to seek compensation altogether. An ATV accident attorney can ensure that you adhere to these deadlines and take timely legal action.

How an ATV Accident Attorney Can Help

If you are injured in an ATV accident, there are several ways that an ATV accident attorney can help you. First and foremost, an attorney will help you understand your legal rights, and any options you may have to pursue compensation. Other ways that an attorney will help include:

Evidence Preservation

Gathering and preserving evidence is crucial in any legal case. After an ATV accident, evidence such as photographs of the scene, medical records, witness statements, and accident reports can deteriorate over time. An attorney can help ensure that all relevant evidence is collected promptly and stored properly to strengthen your case.

Complex Legal Processes

Legal procedures and requirements can be complex, especially when it comes to personal injury claims. An experienced ATV accident attorney has a deep understanding of the legal processes involved, from filing the initial claim to court proceedings if necessary. They can guide you through each step, ensuring that you follow the correct procedures and meet all deadlines.

Maximizing Compensation

ATV accidents can result in various forms of compensation, including medical expenses, lost wages, pain and suffering, property damage, and more. An attorney will work to maximize the compensation you deserve by accurately assessing the damages and presenting a compelling case that demonstrates the extent of your losses.

ATV accidents can have serious consequences, and navigating the aftermath can be overwhelming without proper legal guidance. Knowing when to call an ATV accident attorney is crucial to protecting your rights, seeking justice, and ensuring that you receive fair compensation for your injuries and losses.

By enlisting the expertise of the ATV accident attorneys at Kherkher Garcia, you can focus on your recovery while we handle the legal complexities and advocate on your behalf.

Free Consultation with an ATV Accident Attorney

If you believe your injuries were caused by an ATV’s mechanical failure or defect, contact Kherkher Garcia as soon as possible. Our attorneys specialize in personal injury and product liability cases. We can help assess the circumstances of your accident, gather evidence, and determine whether you have grounds for a legal claim to seek compensation for your injuries and losses.

When you contact us, you will receive a free consultation with one of our attorneys. From there, we will assist you in building a strong case and getting the compensation you deserve for your injuries. Get started by calling us at 713-333-1030, or contact us online.

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Kevin Haynes

Kevin Haynes

Firm Partner and Trial Lawyer

This article was written and reviewed by Injury Trial Lawyer and Firm Partner Kevin Haynes. Kevin has been a practicing injury lawyer for more than 15 years. He has won $150 Million+ in Settlements and Verdicts for his clients. Kevin is powerful and effective in the courtroom and the trial lawyer you want on your side if you or a loved one have been seriously injured at work or on the road.

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