All-terrain vehicles (ATVs) are popular in Florida. They are a form of recreation and even transportation. As enjoyable as ATVs can be, they also have the potential to be extremely dangerous if the proper safety precautions are not taken. Whether you are the driver or passenger of an ATV, there are many risks inherent in using these vehicles, such as rollovers, head-on collisions with other vehicles or static objects, head injuries, and more.
At Bernheim Kelley Battista, LLC, our Fort Lauderdale ATV accident attorneys fight tirelessly to protect the legal rights and financial interests of injured victims and their families. We are here to help you fight for real justice and real results. If you or your loved one was hurt in any type of ATV accident, please do not hesitate to contact our Fort Lauderdale law office for a free, no-obligation consultation with a top car accident lawyer in Fort Lauderdale.
What Does an ATV Accident Mean?
The term ATV, or “all-terrain vehicle,” applies to many recreational vehicles, and according to the ATV Safety Institute, an ATV is defined as “a motorized off-highway vehicle designed to travel on four low-pressure or non-pneumatic tires, having a seat designed to be straddled by the operator and handlebars for steering control.” Type I ATVs are designed to be used by a single operator, while Type II ATVs are designed for use with a driver and a passenger.
What are the Main Causes of ATV Accidents in Florida?
ATV accidents can occur for a wide range of different reasons. Every accident involving an all-terrain vehicle should be carefully investigated to determine exactly what went wrong and why it went wrong. Some of the leading causes of ATV accidents in Florida include:
- An undertrained or inexperience ATV operator;
- Speeding or reckless driving by an ATV operator;
- Difficult terrain or hazardous off-road conditions;
- Failure to take proper care by the ATV owner (poor maintenance);
- An equipment malfunction (ATV defect); and
- Negligence by third-party motorists, especially on ATV-friendly unpaved roads.
What to Do if You are Involved in an ATV Accident?
Were you involved in an ATV accident in Florida? It is normal to feel stressed out and uncertain about what to do next. By taking a few simple steps, you can put yourself in the best possible position to get justice and compensation. Here are five key things to do after an ATV accident:
- Get immediate medical attention for any injuries.
- Report the crash—especially if a full-sized vehicle was involved.
- Document the scene, securing as much evidence as possible.
- Avoid giving a statement to an insurance adjuster.
- Consult with a Fort Lauderdale ATV accident lawyer.
ATV Death and Injury Statistics
All-terrain vehicles (ATVs) are more dangerous than many people realize. According to data from the United States Consumer Product Safety Commission (CPSC), ATV accidents are responsible for approximately “700 deaths and an estimated 100,000 emergency department-treated injuries” each year. Proper safety precautions are a must for all ATV riders and passengers.
What to Know About Florida Laws on the Use of ATVs and Other Off-Road Vehicles
Florida has comprehensive rules and regulations in place for ATVs and other types of off-road vehicles (ORVs). As explained by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), state law dictates the following regulations for ATVs and ORVs:
- They may only be operated off-road or on unpaved roads;
- They may only be operated on unpaved roads with a speed limit below 35; and
- They may only be operated during daytime hours.
Exception: However, these regulations come with an important caveat. Individual counties in Florida may opt out of this regulation. Some counties have opted out. Others follow these safety rules. Make sure that you know the ATV/ORV highway regulations in your own county.
Tips to Avoid an ATV Accident
The unfortunate reality is that it is impossible to completely eliminate the risks associated with an all-terrain vehicle or an off-road vehicle. At the same time, there are steps you can take to avoid your risk of an accident and reduce your risk of suffering serious injuries. Here are six tips to avoid ATV accidents and ATV injuries in Florida:
- Ensure that you are properly trained to operate the ATV;
- Check the vehicle to confirm it is in proper working condition;
- Wear the proper safety equipment, including a helmet;
- Avoid operating at night and in adverse weather conditions;
- Slow down—keep a reasonable speed at all times; and
- Take extreme safety precautions when around traffic.
What are the Most Common Injuries in ATV Accidents?
ATV injuries can vary widely, both in their nature and in their severity. Unfortunately, some ATV accidents can lead to catastrophic and even life-threatening harm. All ATV accident injuries require immediate medical attention from a qualified doctor. Common injuries include:
- Deep cuts/lacerations;
- Soft tissue damage, including whiplash;
- Broken bones;
- Torn ligaments;
- Facial injuries;
- Traumatic brain injuries (TBIs);
- Spinal cord damage; and
- Amputations.
Who Can Be Held Liable for an ATV Accident in Florida?
If you are the victim of an ATV accident that you did not cause, whether as a driver or passenger, you may be entitled to compensation for a range of impacts on your life. These impacts are known as damages, and tort law entitles victims of accidents caused by another’s recklessness, negligence, or criminal behavior to various damages through a tort claim. Typically you will file an accident claim through an insurance company, and the insurance adjuster assigned to your claim will be focused on settling your case as quickly as possible, for as little as possible. Hiring a personal injury lawyer in Fort Lauderdale is one of the best ways to combat this focus and get the money you truly deserve.
Determining Who is at Fault for Your ATV Accident
Like any accident or personal injury, one of the most important questions to answer from the start is who’s fault caused the crash and, therefore, who is liable for your damages. This can be complicated with an ATV in many instances since it may be easy to pin unwarranted blame on the driver or passenger that is actually the fault of someone else. Our experienced legal team will be able to review the situation and get a sense of what really happened.
If you were involved in a crash that someone else caused, either as a passenger or a driver in a collision with another vehicle or obstacle that someone else created, then we will work to gather evidence proving that their negligence or recklessness caused the accident and that you were the victim of their behaviors.
Maximizing Your Compensation for an ATV Accident
Were you or a loved one hurt in an ATV crash? It is imperative that you have access to the full and just financial compensation that you need to pay medical bills, cover lost wages, and support your family. In Florida, injured victims can pursue economic and non-economic damages from the at-fault party. Our Fort Lauderdale ATV accident attorneys can help you seek compensation for the following:
- Property damage (ATV repairs/replacement);
- Emergency medical treatment;
- Hospital bills and other health care costs;
- Lost wages and loss of earning power;
- Pain and suffering and mental anguish;
- Permanent disability or disfigurement; and
- Wrongful death of a family member.
How Can BK Law Firm Help in an ATV Accident Claims?
ATV accident claims are complex. You need a skilled legal advocate on your side. Whether your situation is similar to the examples provided above or if it is something entirely different, we will go through these details with you during an initial consultation. We understand that the days and weeks after an accident can be confusing, painful, and overwhelming, but once you understand that there is support here and that you have a path forward with your financial health, you can stay focused on your physical and emotional recovery and getting your life back on track without the added stress. You can rely on our Fort Lauderdale ATV accident lawyers for top-quality, fully personalized legal guidance and support.
Contact a Personal Injury Lawyer in Fort Lauderdale Today
At Bernheim Kelley Battista, LLC, our Fort Lauderdale ATV accident attorneys have the skills, experience, and expertise that you can trust. If your or your family member was hurt in an ATV accident, we are here to help. Contact us today to set up your free consultation. From our Fort Lauderdale law office, we handle ATV accident claims throughout Florida.