Given its breathtaking wilderness landscapes and relatively temperate climate, the Bluegrass State is a destination for many all-terrain vehicles (ATV) riders nationally. With their unparalleled ability to offer access to otherwise inaccessible and remote locations, ATVs are also used by many Kentucky residents for a variety of purposes, including, hunting, fishing, mining, logging, and agriculture. If you have been injured in an ATV accident, contact our Mt. Sterling ATV accident lawyers at Maze Law Offices to receive the compensation you deserve.
Tragically, during both recreational and professional use, each and every year thousands of Kentucky families suffer as a result of ATV serious accidents. In fact, Kentucky has been ranked fifth in the nation in ATV injuries. Beyond emotional and physical trauma, ATV accident injuries often come with significant financial stresses for victims and their families due to medical bills, rehabilitation, work lost, property damage, and other financial hardships.
On average, a 4-wheeler may weigh anywhere from 200 to 1000 pounds, and some can maintain speeds of nearly 80 mph – that’s the speed of a car wreck without any of the protection that a car can offer. These features, combined with a high center of gravity, a narrow wheelbase, difficulty handling on pavement, and an extreme lack of safety features common to other motor vehicles, make those riding an ATV, particularly prone to severe damage during a crash.
Some of the most serious injuries from ATVs can include:
The U.S Consumer Products Safety Commission has analyzed the injury data of recent years and has determined that nearly 50% of all ATV injuries are the result of the driver and/or passenger not wearing a helmet.
As a result of the disproportionate amount of ATV accidents occurring in Kentucky, the state passed a legislative statute tightening the rules and regulations surrounding ATV use. The general measures of the statue are as follows:
In Kentucky, eligibility for compensation for injuries that occurred during an ATV accident turns on fault. In other words, if someone other than the victim caused an ATV accident, the victim can sue for compensation and damages. Instances in which fault may be attributable to someone other than the victim include:
Negligence of the driver: Untrained, inexperienced, or intoxicated operators with passengers, or operators allowing untrained individuals to control the ATV may be held responsible. In many cases, a driver may simply be trying to show off, which is also taken into consideration.
Negligence of the property owner or outfitter: if the owner of the property on which, or the outfitter through which the ATV is being operated fails to define hazardous road conditions or obstacles, they may be at fault.
Negligence of the manufacturer: Sometimes an ATV accident that seems to be caused by operator error is actually caused by equipment failures, such as defective brakes or defective steering mechanisms, or even a defective helmet. In those cases, it may be appropriate to bring a suit against the manufacturer of the defective product
Because an auto insurance policy is unlikely to cover an ATV accident, you’ll want to receive consultation from an experienced personal injury team who have handled ATV accident and who can help determine whether the fault can be attributable to another party, such as a home or landowner, a rental company, or a manufacturer. If you or a loved one has suffered an injury in an ATV or 4-wheeler accident, you want the expertise of Maze Law Offices.
Our team will diligently fight for your rights to make sure that you get the money for your injuries that you deserve. Let us make sure that you are compensated fairly, while you focus on recovery. To schedule a FREE consultation, contact us today.
To schedule a free case consultation with our Mt. Sterling ATV accident lawyers from Maze Law Offices, contact us today to enjoy experienced legal representation. All of your information is kept strictly confidential.
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