Charlotte Injury Lawyers Blog
ATV Crashes: What You Need to Know
All-terrain vehicles (ATVs) and utility task vehicles (UTVs) are becoming increasingly popular. It is estimated that ATV and UTV purchases will reach $16 billion in 2033, up from about $8 billion in 2024. With increased use comes an increase in accidents. North Carolina is ranked twelfth in the country for deaths associated with ATVs and UTVs in 2024, according to a report issued by the Consumer Product Safety Commission.
What are ATVs and UTVs?
ATVs and UTVs are classified as off-highway vehicles with more than two wheels. All-terrain vehicles are popular as motorized recreational vehicles that are primarily utilized in off-road settings. UTVs are often used in the farming and forestry industries. ATVs generally are open and are similar to motorcycles. UTVs are enclosed but are still much smaller than standard vehicles. Insurance companies generally do not provide insurance for these types of vehicles. Without insurance, you cannot register an ATV or UTV and cannot drive them on public roads.
What Makes ATVs and UTVs Dangerous?
ATVs and UTVs are made for rugged terrains but are not built for comfort or safety. Most do not have safety features such as seat belts. These vehicles can roll easily, and rollover accidents are common. If they do roll, the occupants are likely to be seriously hurt or ejected from the vehicle. ATVs have handlebars that could injure drivers or passengers in a crash.
When a vehicle has seatbelts or seatbelt warnings, people may take steps to bypass them and drive without wearing any restraints. Helmets are not required to drive ATVs. No license is required to operate ATVs, so people who operate them may not have experience or training. In many cases, children are allowed to drive ATVs.
Negligence in ATV and UTV Crashes
When an ATV or UTV crashes, someone may be held responsible. A person could be responsible if you can prove they were negligent. In some cases, the manufacturer could be held liable if you prove that they did something wrong in the manufacture of the vehicles. For example, a manufacturer may not have provided adequate restraint systems or conducted sufficient safety testing.
Importantly, North Carolina uses a strict pure contributory negligence rule. A person is barred from recovery if they have any negligence in the accident. Therefore, even if you are only one percent negligent, you will not be allowed to collect for your injuries and damages. The investigation and development of an ATV crash case can be challenging, so it is likely most appropriate in cases where there has been a serious injury or fatality. An experienced personal injury attorney will review the details of the accident and help provide you with available options.
If you or a loved one was seriously hurt in an accident on an ATV or UTV, you could be entitled to compensation from the negligent party. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to request a free initial consultation to learn your options.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/ATV
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