Riding all-terrain vehicles such as a quad bike of four-wheeler off road is a favorite pastime for many residents of the Dallas-Fort Worth metroplex. Unfortunately, despite the fact that the hobby is particularly popular among children, it can be extremely dangerous.
As a Dallas-Fort Worth personal injury lawyer, I know that injuries sustained in an ATV accident can be extremely serious given the propensity for ATV crashes to result in a rollover or ejection. Bones can be fractured, broken or crush. Occupants might suffer spinal cord injuries or blows to the head which could result in traumatic brain injuries (TBI). In the worst cases, the long term consequences (for example, paralysis or amputation) could very well be permanent and life changing.
If you or your child has been seriously injured in an ATV crash, you may be entitled to compensation.
Who is responsible?
If the injury victim was a passenger in the ATV at the time of the wreck, then it may be possible to recover compensation from the insurance policy covering the driver, similar to how auto collision claims for compensation are handled. If the accident occurred on the owner/operator's property (which is covered by home insurance) then your injuries may be covered under some policies. The only other way you could recover damages if the driver had purchased specific ATV insurance. If the person operating the vehicle was driving recklessly, then their negligence could very well have been the cause of the accident, which means their insurance provider would be liable.
In many cases, however, it may be the manufacturer of the off-road quad who might be liable. Many ATV wrecks are the result of either defective design/manufacturing, or else a “failure to warn” situation where there are insufficient warnings placed on the ATV alerting owners to unsafe or improper practices which are known to cause a higher risk of injuries.
If the quad wheeler involved in your accident was actually a three-wheeled vehicle, then a claim against the manufacturer might be valid under the grounds that three-wheeled ATVs were deemed to be too dangerous back in the 1980’s and were subsequently discontinued. Such dangerous bikes were never recalled, however, and many of them are still in use throughout Texas today.
Protect Your Legal Rights – Contact a Board Certified Injury Lawyer Today
ATV injuries are frequently extremely serious. In addition to the high cost of necessary immediate medical care, the injuries could also have a huge impact on the victim’s ongoing future quality of life. Speaking with a board certified Fort Worth injury attorney is essential to make sure that you are fully aware of your legal rights and that you understand all avenues of compensation available to you.
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