ATVs (All-Terrain Vehicles) are mostly used for recreational purposes. They might be fun, but they are unstable and hence hard to control, making them accident-prone. Injuries sustained in an ATV accident can be severe and costly to treat. Other resulting damages include lost wages, which an experienced Miami ATV accident lawyer can help you recover.
It is best to hire a seasoned and skilled attorney that understands the laws governing ATV accident claims in Miami. At Klotzman Law Firm, we have a team of qualified, reputable, and dependable law professionals that fight aggressively for our client’s rights and interests.
We shall face the insurance companies and ensure they give you a fair settlement for your losses.
We have helped injured victims recover maximum compensation and are confident we can do the same for you. Call us today at 954-915-7405 to speak to our Miami ATV accident attorney to schedule a free case evaluation and learn more about how we can help with your claim case.
At Klotzman Law Firm, we have the resources, expertise, and experience to deliver the best outcomes. We shall commit to protecting your rights and helping you get the maximum compensation.
How To Avoid An ATV Accident?
As with most automobile accidents, even ATV accidents are avoidable if you take the necessary precautions. Complete an ATV safety course, maintain safe speeds, rind while sober, and perform pre-ride inspections. They are not challenging measures, yet some people brush them off and do not take the time to understand and follow the laws governing riding ATVs.
They will jump on their rides while drunk or high, increasing the risk of accidents. Here is a quick overview of the things to do to minimize the risk of ATV accidents:
•Take An ATV Safety Course
ATVs feel best enjoyed when ridden in rugged terrains, but doing this takes practice. Therefore, the smart thing to do is spend more time learning how to steer properly and handle turns safely in such rough terrains. Thus, an ATV safety course helps lower the chances of accidents.
•Perform Pre-Ride Inspection
Never jump on your ATV and ride off without conducting a pre-ride inspection. Check the tires to ensure they are in the right condition and air pressure for the terrain. They must be free of tears and other imperfections. And while at it, also check the headlights, brakes, and brake lights, ensuring everything works before heading off to enjoy your ATV.
•Maintain Safe Speeds
ATVs are fun but unstable and challenging to keep under control, especially on rugged terrains. Hence, speeding is a leading cause of ATV accidents. Do not rush into riding at high speeds, especially if you are a new ATV driver. Take the time to read the terrain, noting the weather and visibility to ensure you adjust your speed accordingly, maintaining safe speeds.
•Drive While Sober
Drugs and alcohol impair the user’s judgment, making it difficult to operate machinery safely, including ATVs. Users have a slow reaction, impaired motor skills, decreased vision, and less concentration. Therefore, you should not drink and drive; it is illegal to drive when drunk or high on drugs. Such actions attract hefty civil and criminal penalties. Drivers found guilty of driving while under the influence of drugs or alcohol can be slapped with huge fines and jail time.
•Drive An Age-Appropriate ATV
ATVs come in different models and sizes depending on age, so they have age restrictions. Children should not be allowed to drive ATVs built for adults. They cannot safely control the vehicle and can easily cause accidents. They are better off on smaller rides designed for kids to ride safely.
•Abide By ATV Laws
As a new rider, take the time to learn and understand ATV laws before you start driving your machine. For instance, Miami Law considers it illegal to ride an ATV on public roads. Knowing and following the laws can help you avoid causing ATV accidents.
•Do Not Carry Passengers
Inexperienced ATV drivers should avoid carrying passengers, and the risk cannot be overstated since most ATVs are not designed to carry extra people. Moreover, they are unstable, and the extra weight makes it harder to keep the ATV under control. Check if your ATV is designed to carry more than one person and adhere to the passenger limit.
ATVs designed for one person must be ridden under the recommended passenger restrictions. We highly advise new riders against carrying passengers because they still do not have the hang of safely controlling an ATV, let alone when it is loaded beyond the recommended capacity.
Some people love speeding for the adrenalin rush it elicits in them, but such behaviour significantly increases the chances of accidents and sustaining severe injuries or fatalities. Rollovers are highly likely because it is harder to keep ATVs under control when riding at high speeds, and the machine takes longer to slow down or stop.
Some of these things are straightforward, and you can implement them, while others take time to learn. And given the need to observe safety, we also recommend wearing safety gear when driving an ATV.
What Causes ATV Accidents?
As pointed out, driving on paved roads, speeding, drunk driving, carrying passengers, and unsafe weather conditions are potential causes of ATV accidents. Inexperienced riders who engage in such behaviours are more likely to be involved in accidents. Things beyond the driver’s actions that can result in accidents but are still avoidable include:
•Driving On Paved Roads
We cannot say that paved roads be removed so you can get around on your ATV. While ATVs are designed to go on any terrain, they can be particularly challenging to control on paved roads. New drivers risk colliding with cars and trucks. And if you are confident you can handle your ATV on paved roads, get a permit to drive your ATV on public roads.
Snow, fog, ice, high winds, and rain are weather conditions that can impede riders’ ability to safely control their ATVs. Such conditions hamper visibility, and things are worse when the ground is wet or icy. You can spin out of control on short notice and crash. Therefore, update yourself on the weather forecast before heading out on your ATV.
Your efforts towards avoiding mistakes known to cause ATV accidents will improve your chances of getting the maximum compensation for your injuries and losses. Any liability of the ATV accident can result in you voiding the claim or getting a lesser settlement, depending on your degree of fault for the accident.
What Are Common Types Of ATV Injuries?
ATV accidents often cause severe injuries requiring extensive treatment and long recovery. Some of the injuries we have encountered when handling ATV accident claim cases include traumatic brain injuries, neck injuries, spinal cord injuries, back injuries, broken bones, joint dislocations, and more.
Spinal Cord Injuries
A spinal cord injury is damage to the spinal cord or nerves that sends and receives signals from the brain. A sudden blow to the spine can cause a spinal cord injury. The injury can cause permanent loss of sensation, strength, and movement. The victim can become permanently paralyzed from a spinal cord injury
ATV accidents can cause broken bones. If something hits the bones with enough force, the bones will break. The broken bones can puncture the skin to cause an open fracture. A broken bone can lead to swelling, pain, and trouble moving or using the injured area.
1.Traumatic Brain Injury
A hard or violent blow to the head can result in brain injury. Riders can sustain such an injury if they do not wear helmets designed to protect their head from external forces during accidents. The ATV can hit or slam on the head causing brain damage during a rollover. Such injuries can result in blurry vision and difficulty concentrating.
Impact during an ATV accident can push the spinal column out of alignment, resulting in significant pain. Not treating the back injury can hamper your motion and lead to lifelong disability. Sprains, strains, herniated discs, and fractured vertebrae are other common back injuries ATV drivers can sustain in an accident.
Sudden forceful motion can jerk the neck, staining it and making it hard to turn. The impact also can injure tendons, muscles, nerves, bones, and ligaments. We have handled cases where the client has severe whiplash after being involved in an ATV accident.
The knees, ankles, wrists, elbows, and other joints can become sore and ache due to injuries sustained in an ATV accident. The pain and discomfort can be unbearable whenever you move the joint during motion. Victims can complain of loss of motion, numbness, swelling, or stiffness.
Damage to the skull, scalp, brain, blood vessels and underlying tissues constitute head injuries. They can be caused by blunt force, like when the head hits the ground when an ATV driver is thrown off the vehicle during an accident.
6.Cuts And Bruises
A hard blow directly to the body can cause bruises, and a person can bleed internally in the skin if the blow does not result in a cut or laceration. Conversely, cuts and bleeding wounds can get infected and become problematic if not cleaned, treated, and dressed.
The recovery process for injuries sustained in an ATV accident can be short (within a few months) or take years, depending on the nature of the injuries and the medical options available. Overall, victims are left dealing with significant medical bills and risk losing their jobs because they are incapacitated.
The situation is worse for individuals who are permanently disabled because of their injuries.
Consider hiring a Miami ATV accident lawyer at Klotzman Law Firm, if you or a loved one was injured in an ATV crash or collision. Our law professional and support team can connect you with the best medical experts to ensure you get treatment for your injuries while they take charge of the legal processes involved in your claim case.
Call 954-915-7405 to schedule a non-obligatory case review and learn more about how the Klotzman Law Firm team can help.
Who Can Be Held Liable In ATV Accident Cases?
It is best to seek immediate treatment for your injuries after being in an ATV accident because they could impede your efforts to prepare the compensation case. Working with an experienced lawyer who is empathic about your situation will prove advantageous when facing the liable party.
You will have a dependable legal counsel that will work hard to ensure those at fault are held liable for your injuries. Parties in an ATV accident which can be held responsible for your injuries include:
•The Other Driver
If the facts surrounding why the accident happened points to the driver, then that driver will be responsible for your injuries. Nevertheless, getting compensation from them will not be a straightforward process. You must prove that you sustained injuries and financial losses when seeking treatment for your injuries. The driver’s insurer can be legally required to pay for your losses and suffering.
Some people prefer renting ATVs and owning one. The rental companies must service and maintain their vehicles to ensure they are safe. But not all ATV rental companies service their vehicles; thus, they risk being held liable for any accidents that arise because the ATVs are not roadworthy.
The manufacturer must revise every aspect of ATV production to ensure their creations are safe. If not, manufacturers can be held responsible for accidents associated with a malfunctioning part or defect. That is why they must test every ATV and spare part for safety.
The law requires property owners to keep their premises safe for others. That means you could file a case against the property owner seeking compensation for injuries sustained while on their property. Our Miami ATV accident lawyer will conduct investigations and gather evidence that proves the property owner is at fault for the accident and resulting injuries.
But determining the liable party can be challenging, especially because you lack the knowledge of the laws and what to do when filing an ATV accident claim case.
Does Insurance Cover An ATV Crash?
Not all automobile insurance providers have policies that cover ATV crashes. While the ATV is considered a vehicle, car insurance policies often do not cover ATV accidents. You should take an ATV cover to protect yourself against injuries and property damage. The coverage will shoulder any financial burden related to injuries and damages sustained in an ATV accident.
What Damages Can You Collect From An ATV Crash?
Our Miami ATV accident lawyer will help you collect economic and non-economic damages. We also can pursue punitive damages if we find a reason for taking such a direction when fighting for you to get the maximum compensation. Get in touch with us today, and let us fight for you or your loved one.
The compensation you receive will be sufficient to ensure that you can recover your monetary losses like lost wages and medical expenses. Proving that your injuries were due to the ATV accident and providing records about your treatment, doctor visits, therapy rehab, and more.
We also will ensure the compensation you receive covers non-monetary losses. It will address emotional anguish, reputation damage, loss of consortium, inconvenience, pain, and suffering. Proving that these damages impact your life can be challenging, requiring a seasoned and aggressive attorney to fight for you.
Your legal counsel may pursue punitive damages to ensure the liable party is punished for their negligence. The team will present its case before the court and leave the judge to award punitive damages at its discretion, depending on the facts.
Contact Klotzman Law Firm For Expert Representation
ATV accident victims can be left with severe injuries like brain injury, head injury, broken bones, back injury, spinal cord injury, or worse. Some of the injuries require months of treatment and years of healing. Hence, medical expenses can overwhelm many ATC accident victims and their families.
Fortunately, the law allows you to file a lawsuit against those responsible for the accident and subsequent injuries and monetary losses. It might sound like a straightforward legal process, but it can get complicated and challenging if you pursue the claim independently. The insurance providers will use their team of expert law professionals to ensure your claim is discredited or reduced.
Therefore, consider hiring an experienced attorney committed to providing strong legal representation when fighting for your rights and interests aggressively. You need a lawyer that understands the laws regarding ATVs if you are to win the case and get the maximum compensation.
And it is best to work with a lawyer who provides legal counsel on a contingency fee basis, meaning you will pay once they help you win the claim case.
Klotzman Law Firm has the best law professionals in Miami ready to listen to you, investigate to unearth the truth needed to prove liability, and ensure those responsible are held accountable. The sooner you reach out for help, the better the chances of getting positive outcomes in your claim case.
So, call our Miami ATV accident lawyer today at 954-915-7405 to book a free case review, and we can take you through what to expect as you pursue justice and seek compensation.