ATV Accident Injuries – Wrongful Death

According to the U.S. Consumer Product Safety Commission’s ATV accident statistics, an average of 564 adults, and 123 youngsters under 16 died per year as a result of all-terrain vehicle accidents from 2001 to 2012. Wrongful death claims can be filed following an accident as long as one can prove the fatality was a result of negligence. Doing so requires the victim to show their injury was caused by the accident, by someone else’s carelessness, and the other party was at fault, such as a manufacturer that didn’t correct or warn of a defect leading to a fire or explosion.

Examining the Reasons for an ATV Accident

Determining whether wrongful death was involved requires analyzing the factors that contributed to the accident. Equipment failure leading to fires or explosions is a reason that can open the door to litigation. Problematic equipment can include defective brakes, tires, throttles, steering, and suspension components; exhaust and fuel system defects have led to fatal fires. Defects in the vehicle’s lighting can also be cited, as may a defective helmet with a design flaw. If a helmet has an outer shell, liner, or chinstrap flaw, or doesn’t meet the standards of the U.S. Department of Transportation, it shouldn’t be worn, but a fatality due to its flaws can constitute negligence on the part of the manufacturer.

The behavior of the operator is also considered. If a driver does not have proper training or a valid license, it can affect liability, especially if the inexperience of the vehicle operator contributed to the accident. Use of the ATV is a consideration as well. Not following a manufacturer’s recommendations can increase the likelihood of an accident, such as adding a higher load or more passengers than advised, or ignoring a recall for a problem that can lead to explosions or dangerous fires. Age is a consideration, as a child operating a vehicle sized for an adult is at risk.

Another concern is the use of an all-terrain vehicle on a public road. Collisions with motor vehicles are possible unless the unit complies with government regulations for the installation of brakes, mufflers, and headlights/taillights. An operator riding an unauthorized vehicle on public roads may be liable if a collision results in a fatality. Use of alcohol or drugs, and driving too fast or on rough terrain, can be factors as well.

Avoid ATV Accidents: Concentrate on Safe Driving

The best way to avoid injury or death is to ride safely. All-terrain vehicle operators should wear equipment such as helmets, boots, eye protection, and long-sleeved shirts and long pants. One should obtain proper training and not transport more riders than the vehicle was designed to carry. Driving the proper vehicle for the person’s age, avoiding paved roads, and addressing any risks that can lead to fires helpful in potentially avoiding a wrongful death claim.