Some people operate all-terrain vehicles (ATVs) for recreational purposes, such as racing off-road or hunting. Others may use ATVs for necessary transportation. Farmers, for example, often use ATVs to safely travel rugged terrain in orchards and fields.
ATVs can be practical and fun. However, they can also be relatively dangerous. They offer minimal protection from impact in the event of a collision. If crashes occur, the people affected by ATV incidents may have questions about their rights. In some cases, it may be possible to file insurance claims or even personal injury lawsuits after an ATV collision results in injury or death.
What parties may be financially and legally responsible for ATV incidents?
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Drivers and operators
In some cases, ATV operators engage in unsafe conduct, such as operating ATVs with passengers while they are under the influence. Other times, outside parties can cause crashes. Missouri state statutes actually allow ATV operators to drive on public roads. However, the operator must have a driver’s license. Anyone on the ATV who is under 18 should have a helmet on while on public roads. Mistakes made by the ATV operator regarding legal compliance or errors by other drivers on public roads could make operators or motorists liable for ATV collisions.
Manufacturers and service providers
In some cases, improper design may make ATVs unstable on certain terrain, increasing the likelihood of a rollover incident. Manufacturers may fail to engage in proper quality control, resulting in the use of defective components. Other times, improper maintenance or repairs by an outside professional could lead to an ATV suddenly failing while in use. When issues with the vehicle are the underlying cause of a collision, the affected parties may have grounds for a lawsuit against the manufacturer or repair professional.
Property owners
Sometimes, farmers and rural landowners make their acreage accessible to local ATV operators. However, they may ignore safety hazards or install fencing in a manner that is overtly dangerous. In such cases where there are hazardous conditions ignored or obviously created by property owners, they may have a degree of liability for an incident involving an ATV on their land.
Reviewing the circumstances of a recent ATV collision with a skilled legal team can help people understand their options and pursue appropriate compensation. While insurance is not always available after an ATV incident, personal injury and wrongful death lawsuits can potentially help people cover the expenses generated by a crash.