Union County ATV Accident Lawyers

All-terrain vehicles, or commonly called ATVs, provide hours of fun for riders. In fact, the rules for ATVs are quite relaxed. In New Jersey, a kid as young as 14 years of age can operate an ATV without a permit or license. All that is necessary is that the vehicle be registered and child drivers under 18 participate in ATV Safety Institute classes. That said, despite the enjoyment people get out of these vehicles, they aren’t entirely safe. And in some cases, if you were injured in an ATV accident, you may be entitled to compensation, depending on the circumstances of your case. Contact the Union County auto accident lawyers at The Mark Law Firm to learn more about how we can help you with your ATV accident case.

Causes of ATV Injuries

The causes of all-terrain vehicle accidents are varied but typically involve driver error, terrain, weather conditions, obstacles, or other ATVs. Many ATV injuries involve:

• Brain damage
• Spine injury
• Head trauma
• Neurological conditions

These injuries may be lifelong and affect a victim’s ability to work and participate in normal daily activities.

Preventing ATV Accidents & Injuries

Adults must monitor and supervise any child operating an ATV, and the adult has a legal responsibility to implement precautions to ensure the safety of riders, passengers, and spectators. For example, common sense precautions include

• Confirming that the area is safe for the child to operate the vehicle
• Being sure that the child has taken the safety class
• Providing direction on vehicle usage
• Providing safety equipment, including helmets and pads
• Maintaining the vehicle for safety, and
• Making sure the ATV is appropriate for the child’s age and size.

When an adult fails to uphold his or her responsibility to take such precautions, ensuring a child is safe, and a child sustains an ATV injury, the adult may be held liable in court.

Determining Liability

Not every ATV accident automatically results in a valid personal injury claim. However, when an accident occurs because another person or entity acted negligently or failed to follow safety laws, an injured rider may have the right to pursue compensation under New Jersey law. Determining liability usually requires a careful investigation of how the accident occurred and whether someone failed to act with reasonable care.

In many cases, ATV accident liability arises from negligence. This means someone failed to take proper precautions that a reasonable person would have taken under similar circumstances. If that negligence directly caused an injury, the injured person may have a valid ATV accident injury case. Situations that may lead to a viable ATV injury claim are as follows:

• Negligent supervision of a minor rider: Adults who allow children to operate ATVs have a responsibility to ensure the child is properly trained, supervised, and using the vehicle safely. If an adult fails to supervise a minor rider or allows a child to operate an ATV that is unsafe or inappropriate for their age or size, the adult may be held liable for resulting injuries.
• Unsafe property conditions: Property owners may be responsible if they allow dangerous hazards to exist on land where ATV riding is permitted. Hidden obstacles, dangerous terrain conditions, or poorly maintained riding areas can sometimes contribute to serious accidents.
• Defective ATV parts or equipment: In some cases, an ATV accident occurs because of a mechanical failure or defective component. Problems with brakes, steering systems, throttle controls, or other critical parts may give rise to a product liability claim against the manufacturer, distributor, or retailer.
• Negligent operation by another rider: TVs are often used in groups or in recreational riding areas. If another rider operates their ATV recklessly, drives at excessive speeds, or collides with another rider, they may be held responsible for the injuries that result.
• Improper vehicle maintenance: When an ATV owner fails to properly maintain the vehicle, mechanical issues can develop that increase the risk of an accident. A poorly maintained ATV may become unsafe to operate, particularly if brakes, tires, or steering systems are compromised.

Contact Our ATV Accident Lawyers in Union County, New Jersey

If you or a loved one has been injured in an ATV accident, contact the seasoned auto accident lawyers at The Mark Law Firm for a free initial consultation today. You may be entitled to compensation, but you will not know until you call us.