Off-road driving is a popular pastime for many Americans who enjoy driving without having to worry about traffic or the rules of the road. All-terrain vehicles, or ATVs, are a popular choice for off-roading enthusiasts, but it’s important to recognize how dangerous these vehicles are, and know what your options are if you’ve suffered an injury from an ATV accident.
As Phoenix ATV accident lawyers, we at Cullan & Cullan, doctors practicing law, can work to investigate the circumstances surrounding your accident to determine who is to blame. We can also evaluate your injuries to see what type and amount of financial compensation you may be entitled to receive. We are here to help you restore and rebuild your life.
Contact our offices at (602) 900-9483 for a free review of your ATV accident claim.
Types of ATV Accident Injuries
ATVs handle tough terrain that typical passenger vehicles simply cannot handle. Manufacturers and dealers spend a huge amount of advertising dollars promoting the use in rough terrain. As such, many people incorrectly assume these vehicles are safe off-road. Like motorcycles, ATVs offer very little protection to riders from external forces. Additionally, ATV riders can be thrown violently to the ground or become pinned by a flipped ATV. While ATVs are nowhere near as heavy as typical cars, they still weigh several hundred pounds and can cause extreme damage.
Some of the injuries one may suffer in an ATV accident include:
- Bone fractures, which can vary widely in severity, from mild hairline fractures that cause a moderate amount of pain to severe compound fractures that can send victims into shock and leave permanent damage.
- Spinal cord injuries are another likely possibility. ATV riders are not secured as car drivers are, and when they are thrown from an ATV, they can easily suffer spinal damage. The spinal cord transmits signals from your brain to the rest of the body, and it is responsible for all of the physical motions you make every day. Even a slight wound to the spinal cord can cause permanent damage. The spinal cord may be one of the most important parts of the body, but unlike other body parts, it cannot self-repair, and injuries are permanent.
- Traumatic brain injuries (TBIs) are very common with ATV accidents. ATV riders can greatly reduce their risks of head and brain injuries by wearing helmets while riding. However, helmets are not legally required in some areas, and some riders choose to ride without them. A traumatic brain injury can range from a mild concussion to life-threatening hemorrhage or brain death. Riders thrown from ATVs may also suffer penetrating brain injuries from debris, rocks, trees, or the vehicle itself. Open head wounds are severe injuries that require immediate medical attention.
Filing an ATV Accident Claim
If you’ve been injured in an ATV accident due to the actions of another party, you may be able to file a personal injury lawsuit to recover your damages like medical bills, property damage, pain and suffering, and lost income. ATVs are inherently dangerous, because they are open vehicles meant to be taken off-road and across treacherous terrain. As such, riders need to have the necessary experience and skill to operate ATVs safely. Negligent parties need to be held accountable when their actions harm others.
Your Phoenix ATV accident attorney will need to prove negligence in order to win your case. This involves three things:
- You must show the court the defendant (the person being sued) owed the plaintiff (the person suing) a duty to act with reasonable care.
- You must show how the defendant breached this duty, either by action or inaction.
- Your attorney will need to show the court how this breach of duty caused you measurable harm. Although it may seem obvious, it’s worth noting that you cannot sue if you did not suffer any harm or endure any loss.
Reach out to the legal professionals of the Cullan & Cullan law firm. Four of our attorneys are trained in both the law and medicine, meaning we offer an added degree of experience many other firms cannot match. We’ll review the details of your case and let you know what kind of compensation you may be able to collect.
Contact us at (602) 900-9483 to get started.