Charleston Off-Road Vehicle Accident Lawyer
Off-road vehicles and all-terrain vehicles (ATVs) present different dangers to their riders than motorcycles or cars. These vehicles are at higher risk of rolling over and riders can sustain serious injuries when they do.
If you sustain injuries as a result of an ATV accident then you need strong legal representation by a Charleston personal injury attorney who understands the unique needs of these cases. Max Sparwasser has the experience necessary to successfully pursue an off-road vehicle claim.
The Dangers of ATVs in Charleston
People use all-terrain vehicles for recreation, search and rescue operations, farming, forestry, and law enforcement. They differ from other vehicles because of their narrow wheelbases, high centers of gravity, and oversized low-pressure tires with deep tread. These vehicles are designed so they can maneuver easily when the terrain is uneven, such as over hills, through culverts, and over sandy areas.
The same design elements that make them easy to maneuver also put them at higher risk of rolling over. Structurally, the vehicle has nothing to protect the rider in the event of an accident. A rider who is on the vehicle without protection when it rolls over can be seriously injured.
ATV accidents were so prevalent that in 1987 the Consumer Product Safety Commission and the Justice Department came to an agreement to ban the sale of all three-wheeled ATVs. Only four-wheeled ATVs are on the market in the United States today. However, many three-wheeled ATVs are still in the hands of consumers who purchased them before the ban.
Recklessness Often Causes Accidents
Recklessness and negligence frequently cause accidents involving ATVs and other off-road vehicles. The ATV itself may also be a contributing factor to the accident. Common causes of ATV accidents include:
- Operating on paved roads. ATVs are for off-road use. Their low-pressure tires and the absence of lighting and turn signals puts them at risk for deadly situations when combined with traffic and paved roads.
- Lack of stability. A high center of gravity paired with a lack of stability is a risky combination that can lead to a vehicle rolling over.
- Inexperienced young drivers. Teenagers and young children don’t necessarily have the cognitive skills or physical strength needed to safely drive these vehicles.
- Misplaced passengers. Not all ATVs should carry passengers. When passengers ride in an area of the ATV not designed for them they are more likely to fly out of the vehicle in an accident.
Determining Liability for Accidents
Liability for an ATV accident may involve another driver, the owner of the ATV, or the manufacturer of the ATV. If the driver who caused the accident is a minor then the adult who owns the ATV is ultimately responsible.
It is not necessary to suffer the financial consequences of medical bills without compensation because you don’t want your friend to have to pay them. Insurance claims typically pay legal claims involving ATV accidents.
Sometimes, a flaw in the design or manufacture of the ATV could contribute to the accident or the severity of the injuries. Over the years, many recalls of ATV models have taken place due to defects in safety.
Protecting Your Rights
The experienced off-road vehicle accident lawyers at the Max Sparwasser Law Firm, LLC have the experience and skills necessary to thoroughly investigate and litigate injury claims involving ATVs and other off-road vehicles. A free consultation to assess your case will help you understand the options available to you. Call today to protect your rights.