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Injured on a Defective ATV: What Are My Options?

by Andrew Mounier on December 19, 2012

All Terrain Vehicles, more commonly known as ATVs or four-wheelers, have become increasingly popular over the last decade, especially among children, teenagers and novice adult riders. The fact that these vehicles are often marketed without adequate safety and warning information or sufficient operator instructions has added to the number of accidents involving their use. While rider error is still the leading cause of injury or death when using an ATV, significant manufacturer defects have also been shown to play a critical role in the number of accidents that occur each year across the country.

What Types of Injuries are Caused by Defective ATVs?

Depending on the make, model and individual defect that causes an accident, injuries sustained can vary from minor to incredibly severe, and even fatal. The following list includes a description of some of the most common injuries reported by riders of defective ATVs:

  • Facial and Cranial Injury – Concussions, maxillofacial injury (any injury that involves the jaws, teeth, nose, tongue, lips or any other soft tissues of the mouth) and fractures of the skull comprise nearly one third of injuries associated with defective ATV accidents. Serious head trauma can lead to brain damage that presents the potential for lasting effects not reparable by surgery.
  • Injuries to the Spinal Cord – When severe trauma to the spinal cord does not result in death, it generally presents itself as partial or total paralysis, substantial loss of sensation in the extremities or difficulty functioning normally.
  • Broken Bones – As one of the most commonly reported injuries associated with defective ATV accidents, broken bones are also the basis of the most frequently filed lawsuits targeting the vehicles’ manufacturers. Shattered bones in the arms, hands, wrists and ankles are painful, potentially costly and can lead to lasting problems with use of the affected bone or joint. Broken legs, ribs and hips can cause pain and diminished function for many years after the accident occurs.

What Can You Do if You Are Affected?

Following a serious accident on an ATV, considering anything other than the matter immediately at hand can be incredibly difficult. It is important, though, that anyone who has suffered an injury or fatality connected directly to an ATV malfunction or design flaw be awarded just compensation from the negligent manufacturer. The first step in determining if your ATV is, in fact, defective, is to research its make, model and year using information from a reputable source. ATVSafety.gov is the leading government source of data regarding recalled ATVs in the United States.

If you or a loved one has been the victim of an accident associated with the use of a defective ATV, you may be entitled to monetary compensation for your pain, suffering, medical bills and all other expenses incurred. A qualified legal professional with experience in dealing with this type of case will provide you with detailed information that pertains to your case in particular, as well as with specific courses of action tailored to your circumstances.

Frank Jenkins Law Office is a personal injury and social security disability law firm located in Kentucky.  For more information, please visit us at www.SocialSecurityLawKY.com.

Andrew Mounier
Andrew Miller (Mounier) is an experienced Content Engineer and Author. He has worked in marketing for over a decade and finds his passion in bringing concepts to life for the world to enjoy. He is also an avid legal blogger and currently working on a book with his wife about social entrepreneurship. He is a true Socialpreneur and finds that his goal in life is to be an agent for positive social change through both his writing and business endeavors.
Andrew Mounier
Andrew Mounier

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