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ATV Accident Lawyer – Who Is Liable for Accident Injuries?

ATV Accident Lawyer

All-terrain vehicles (ATV) are three- and four-wheel motorized vehicles that are popular for recreational use in Texas and throughout the United States. Some even use them as work vehicles on farms and ranches, or as rescue vehicles for emergency services in rough terrain. ATVs allow riders to navigate a wide range of terrain in off-road areas and are a favorite activity of people of all ages.

Unfortunately, these motorized vehicles (sometimes called quads) carry inherent dangers. Every year, thousands of people are injured or worse because of ATV accidents. When used safely and adequately, ATVs can provide hours of enjoyment and adventure. But they are also a force to be reckoned with that should be approached with caution. ATV accidents often result in serious, devastating injuries because of the nature of the vehicles and other outside factors.

If you were involved in an ATV accident in Dallas, contact Shamieh Law today. We offer free consultations and are here to help you understand your rights. We know how devastating these types of accidents can be, especially when children are involved. Depending on the circumstances surrounding the accident, you may be able to seek damages. For example, if the individual operating the ATV that was at-fault for the accident was negligent or driving under the influence, and it resulted in serious bodily injury, the victim may have the right to sue. To learn more about your options or to schedule a free consultation with one of our experienced lawyers, give Shamieh Law a call.

What Is An ATV?

A vehicle is considered an ATV if it meets the following requirements:

  • Features three or more wheels
  • Is less than 50 inches wide
  • Has seats for the rider and passenger
  • Is designed for off-highway use

ATV Riding In Texas

In Texas, there are specific rules surrounding ATVs that all riders should be aware of. Here are a few of the most important regulations to keep in mind [1]:

  • Texas does not require ATV registration
  • All ATVs, motorcycles, and any other type of off-highway vehicle (OHV) must display an OHV decal when riding on public lands
  • Texas OHV decals can be purchased through the Texas Parks & Wildlife Department

Common Causes Of ATV Accidents

ATVs are designed to be taken off-road to explore the backcountry, access rough terrain, and enjoy the beautiful scenery. However, they are also prone to fatal accidents. Even though accidents happen regularly, human error is often to blame for four-wheeler collisions. Some of the most common causes of ATV accidents in Texas include:

  • Vehicle defects
  • Improper riding on the vehicle
  • Riding on paved roads
  • Operating an ATV under the influence of drugs or alcohol
  • Too many riders on the ATV
  • Driver negligence
  • Failure to wear protective gear, such as a helmet
  • Speed

These are just some of the reasons a fun ATV ride may turn deadly. If you were involved in an ATV accident in the Dallas area, contact Shamieh Law and schedule a free consultation to discuss your case today.

ATV Accident Statistics

As you can see, ATV accidents can happen in the blink of the eye and for many different reasons. Here are a few statistics to show how severe ATV accidents, injuries, and fatalities are:

  • There were a shocking 150,000 ATV accidents and injuries in 2017 (up from 10,000 in 1982) [2]
  • Every year, the number of ATV-related fatalities increase
  • There are between 300 and 400 ATV-related deaths in the United States every year [3]
  • West Virginia sees more casualties than any other state (about 20 deaths annually)
  • Between 2012 and 2014, there were 52 ATV fatalities in Texas
  • The U.S. experienced the highest number of ATV deaths in 2008
  • More than 25 percent of all ATV accidents and injuries involved people under the age of 16
  • ATV accidents and injuries are most common among white men between the ages of 18 and 30
  • 80 percent of fatal ATV injuries that happen involve the driver
  • Children account for 27 percent of ATV injuries
  • 19 states in the United States do not have laws requiring ATV riders to wear helmets
  • 22 states do not have a minimum age requirement for ATVs
  • The average ATV rider is 12.8 years old
  • Emergency rooms across the U.S. see around 100,000 people every year for ATV-related injuries
  • 29 percent of ATV injuries affect the person’s arm, while head and neck injuries account for 28 percent

ATV Accident Injuries

As we’ve discussed, all-terrain vehicles provide a source of adventure and fun. Given the lack of rules and regulations, anyone can ride them and enjoy the adrenaline rush of exploring off-road terrain. However, ATV accidents can be devastating. Some of the most common ATV accident injuries include:

  • Concussions
  • Broken bones
  • Traumatic brain injury
  • Spinal cord injuries
  • Knee and leg injuries
  • Injuries to internal organs
  • Fractures
  • Cuts and bruises

Who Is Liable?

Liability for a Texas ATV accident will depend on a host of factors, including what (who) caused the accident and how it happened. If the accident was a result of the faulty design of the vehicle, the manufacturer might be held liable. However, if the driver acted recklessly or was operating the vehicle while intoxicated, he or she may be to blame. To learn more about proving liability for ATV accidents, contact Shamieh Law.

ATV Safety Tips

It is evident that ATV accidents are dangerous and carry devastating consequences. To avoid a preventable accident, keep the following ATV safety tips in mind:

  • Wear protective gear every time you ride (helmet, boots, gloves, and goggles)
  • Perform a pre-ride inspection before getting on your four-wheeler
  • Never ride alone
  • Never ride when under the influence of drugs or alcohol
  • If you are tired, stop riding and take a break
  • Stay off of the pavement and on designated trails only
  • Never ride beyond your skills or attempt dangerous stunts

Give Shamieh Law a call today to schedule a free consultation and discuss your case with one of our experienced Dallas ATV lawyers. We are here to answer any questions you may have and help you understand your rights.

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