ATV accidents can be due to a variety of reasons from driver negligence to a vehicle defect. These types of accidents happen to adults and children and can be life changing. Understanding your rights after an ATV crash is critical, so you can protect your future, as well as be covered for any loss you suffered as a direct result of the accident.
Types of ATV Accident Damages
If you were injured in an ATV accident in Florida, consult with a lawyer who can help you understand the value of your case. The type of settlement you may receive depends on who is at fault and the loss you’ve suffered. Your damages may be covered under an insurance policy, or you may have a case against another party.
Many ATV accidents result in permanent disabilities, traumatic brain injuries, broken bones or even death. You may be entitled to receive a settlement to cover damages such as:
- Medical expenses
- Specialty medical equipment
- Physical therapy
- Rehabilitation costs
- Long- or short-term care
- Lost income and benefits
- Pain and suffering
- Emotional distress
- Loss of future earnings
- Property damage
Liable Parties in an ATV Accident
Many ATV accidents result in injury or death. Determining who is at fault and the reason for the accident is critical to your case. Compensation for the accident is based on who is found at fault.
In Florida, a child under age 16 must be supervised by an adult while riding an ATV and pass a safety course. In addition, they are required to wear protective equipment such as a helmet, boots and protective eyewear. However, these rules only apply to riding on public property, not on private property. If a property owner was negligent and allowed the child to ride while not following safety precautions or if the terrain was unsafe, they may be liable for the damages. If another child caused the accident, the parent may be held liable.
The driver or the owner of the ATV may also be held liable. The driver may have been reckless, carried a passenger when not permitted to do so, or was under the influence of drugs or alcohol when the crash occurred and would be the party held responsible.
Some ATV accidents could be due to a vehicle defect, and the liable party may be the manufacturer that designed, built, or marketed a defective product and did not warn consumers about potential problems. If this is the case, a product liability claim may be pursued.
Contact a Florida Attorney
To make sure you get the compensation you deserve, or if you have questions about ATV accident rights, consult with an experienced attorney. Attorney Coy Browning was a Florida Highway Patrol State Trooper and has experience with investigating accidents. His firm can help gather the evidence you need and will provide strong legal arguments to get your case tried fairly. There are never any legal fees unless you receive compensation for your case. To set up a free, no obligation consultation, call us, or fill out our convenient contact form.