ATVs are all terrain vehicles, which are motorized with three or four wheels. They can be used for both recreational and work purposes. Many of them are used to go off road in mud or hills. They are heavy vehicles that can go 55 miles per hour. Although they are often driven for fun, their high center of gravity and narrow wheel base can result in rollovers, even when driving on a well-paved road. About 30% of ATV accidents involve children. Rollovers and other ATV crashes often cause brain trauma, serious spinal cord injuries, crushed limbs, broken bones, or a tragic death to drivers and passengers in the Dallas area. The car accident lawyers at Feizy Law Office can assist victims and their families with pursuing compensation.Seeking Damages after an ATV Accident
ATV crashes often happen because a driver does not handle the vehicle appropriately. However, if you are injured because of someone else's negligence in handling an ATV, you may be able to recover compensation for medical expenses, lost income, property damage, and pain and suffering, among other damages.
In most cases, you can assert the right to damages if you can prove the defendant’s negligence. You would need to show the standard of care, a breach of duty, causation, and actual damages. Sometimes an ATV accident is the result of negligence by both the victim and the defendant. Texas follows a modified form of comparative negligence. The jury can evaluate the total damages and assign a percentage of responsibility to each party. If the victim is found to be 50% or less responsible, he or she can potentially recover damages that correspond to the other party's degree of fault.
In some cases, an ATV accident is the result of a product defect. There are three possible types of product defects: manufacturing defects, design defects, and marketing defects (also known as failures to warn). Most ATV defect cases arise out of a defective design or defective manufacturing. Design defects are flaws that exist in every ATV that is made according to a particular blueprint. Manufacturing defects tend to be one-off flaws that only exist in one ATV or a very small number of ATVs from a particular line. For example, if a component is missing from the brake of the ATV, this might be a manufacturing defect. Usually, you can pursue damages for injuries caused by manufacturing defects under a theory of strict liability. This means that it does not matter whether the manufacturer was using due care. It may be held liable even if it behaved responsibly in manufacturing the ATV.
In order to recover for injuries caused by a defect, you would need to show that there was a defect, the defect caused your injuries, the defect existed when the manufacturer released the product for sale, and you were using the ATV as intended.
Sometimes, moreover, you can hold someone else responsible for your injuries in an ATV under a premises liability theory. You would have to prove that you were an invitee onto a property, and the owner of the property knew or should have known about a dangerous condition that caused your accident. For example, if a park rents you an ATV, and the manager knew about a hidden pothole but failed to put up warnings or repair the pothole, and your vehicle rolled over after hitting the pothole, you might be able to hold the company responsible for any resulting injuries.Enlist an Experienced Dallas Lawyer for your Motor Vehicle Collision Claim
If you are hurt in an ATV accident in Dallas or the surrounding cities, you should consult a motor vehicle collision attorney who has experience in personal injury, premises liability, and product liability cases. Your attorney may need to hire an accident reconstruction expert and other experts to determine the cause of the accident and the appropriate theory under which you may be able to recover damages. Call Feizy Law Office at (214) 651-8686 or contact us via our online form for a free consultation. We also represent accident victims in Irving, Arlington, Garland, Fort Worth, and Plano, among other Texas cities.