Accidents involving all terrain vehicles (ATVs) can cause serious injuries to people involved. These types of crashes can be the result of various circumstances, from driver negligence to a defect in the vehicle’s parts or manufacture. The car accidents at the Law Offices can help victims in the Miami area and elsewhere in South Florida who have been injured in an ATV accident. We are dedicated to helping them assert their right to compensation.Causes of ATV Accidents
Drivers of ATVs are not required to have licenses to operate their vehicles, which are often a source of entertainment, especially in rural areas. As a result, inexperienced and young individuals can be behind the wheel, and they may cause severe crashes and injuries. Often, ATV accidents may be caused by a driver’s failure to adhere to safety regulations, including speeding through areas wrought with hazards, putting more passengers on a vehicle than an ATV allows, or engaging in dangerous maneuvers. Other causes of ATV accidents may be due to a manufacturing or design defect, either in the overall design of the vehicle itself or one of its components. Regardless of the reason, ATV collisions can result in serious injuries for drivers, passengers, or other individuals in the vicinity.Pursuing Compensation from a Negligent Driver
If you have been hurt in an ATV accident, you may be able to bring a legal suit against an at-fault driver, as well as possibly the owner of the property where the accident occurred, or any other party that may have been responsible. Many of these crashes are caused by the carelessness of an individual or entity, and therefore a victim usually relies on the theory of negligence to seek damages in a personal injury claim. To show negligence in a motor vehicle collision case, a victim must establish that:
- The defendant had a duty of care to act as a reasonable and prudent person would have acted under similar circumstances;
- That duty was breached by the defendant’s careless actions;
- The breach was a proximate cause of the victim’s injuries; and
- The victim sustained actual damages as a result.
People operating ATVs have a duty to those around them to exercise reasonable care. Therefore, a driver who is engaging in overly aggressive or dangerous maneuvers, leading to an accident and injuries, can potentially be held liable for the costs and losses that a victim sustains. The crash must have been a foreseeable and direct consequence of the defendant’s carelessness. Damages that are recoverable may include past and future medical expenses, lost income, loss of earning capacity, and pain and suffering.
If you have been hurt in an ATV accident, either by a negligent driver or due to a malfunction, it is important to consult a knowledgeable attorney to make sure your legal rights are protected. Promptly pursuing legal action against a responsible party may be important to preserving these rights, since the statute of limitations for filing a personal injury claim in Florida is four years from the date of the injury, and only two years for a wrongful death action if injuries prove fatal.Seek Legal Representation in Miami after a Car Accident
If you have been injured in an ATV accident in Miami or the surrounding area, the motor vehicle collision attorneys at the Law Offices can help you assert your legal rights against those responsible for your harm. Our firm can guide you throughout the process of pursuing your claim, from initial investigation into the cause of an accident, negotiations, and litigation if necessary. Call (877) 499-4878 or contact us online for a free, no-obligation consultation to see how we can help. Our firm also represents individuals in Fort Lauderdale and other communities throughout Miami-Dade, Palm Beach, and Broward Counties.