Riding all-terrain vehicles is a popular recreational activity for many Florida residents. ATVs are particularly appealing to teens and children, which may explain why so many people are injured on them every year. If you or your child was hurt in an ATV crash that wasn’t your fault, you might be able to hold the driver, owner, or property owner responsible for your damages. We explain who may be liable in an ATV accident in Florida.
Determining the Cause of the Crash
You will need to know the cause of the accident before you can pursue a case. It’s important to note that if the accident was caused by your own error, you do not have a personal injury claim to pursue. However, if another person’s negligence caused the crash, you may be able to sue. Examples of negligence include the following:
- Dangerous or incompetent driving. If you or your child was a passenger on an ATV driven by a reckless, inexperienced, or impaired driver when it crashed, the driver could be held responsible. Likewise, if you are a bystander or pedestrian who is hit by a dangerous driver, you may have cause to sue.
- Hazardous terrain. If a property owner gave you permission to ride on terrain that’s not safe for an ATV and your crash was caused by uneven ground, a hole, or some other hazard, the property owner’s insurance policy might cover your losses.
- Defective vehicle. An ATV crash could be caused by a defect in the vehicle. If this is the case, you may have a product liability claim against the manufacturer.
- Negligent owner. If the owner of the ATV allowed a child under 16 to ride the vehicle or failed to store the machine so that a child would not have access to it, he or she might be liable for injuries caused when the child crashes.
In most situations, the liable party is not going to voluntarily accept responsibility for an accident, so you will need to work with a personal injury lawyer to find out the cause and protect your right to fair damages.
Call Browning Law Firm for Help
If you or your child was injured in an ATV crash in Navarre, Crestview, or Baker, make your first call be to Browning Law Firm in Fort Walton Beach. Our team has successfully handled ATV accident claims in the past, and we will put our experience to work for you to hold the responsible party accountable for the harm they have caused.