ATV Accident in St. Louis: Who Is Responsible?

By May 8, 2014 ATV Accidents

ATV accidents occur while someone is riding an All Terrain Vehicle.  More than 500 fatal ATV accidents occur across the United States each year, killing both children and adults.  ATV accidents can also cause serious injuries including traumatic brain injury; spinal cord damage; injuries to the back and neck; and other damage to the body.

In many cases, ATV accidents occur because of the negligence of the vehicle’s driver or because of defects with the ATV. If you or a loved one was involved in an ATV accident and someone else was to blame for harming you, you can pursue a claim for compensation. A St. Louis personal injury lawyer at Carey, Danis & Lowe can represent you in your ATV accident case and help you to obtain compensation for your losses.

Who is Responsible for ATV Accidents?

ATV accidents have many different causes including:

  • Inexperienced drivers
  • Too many passengers on an ATV, including more riders than the vehicle was built to hold
  • Speeding on the ATV
  • Operating an ATV while impaired by drugs or alcohol

A driver who is not experienced or who is going too quickly could strike another ATV that he is out riding with, injuring or killing those on the vehicle he hit. A driver could also cause injury to a passenger on an ATV.  When this occurs, the negligent or careless ATV driver can be sued by the victim or by surviving family members.

If it was a defect in the ATV that resulted in an accident or injuries, then the product manufacturer may be held legally liable. Under these circumstances, victims could file a product liability lawsuit. Under strict liability rules applicable in defective product cases, the victims would not have to prove that the ATV manufacturer was negligent or careless. A victim could be compensated for injuries and losses provided he could show that a defect in the ATV was the direct cause of the accident.

Taking Legal Action after an ATV Accident in St. Louis

If you or a loved one was involved in an ATV accident, you should contact an attorney right away. A personal injury lawyer can help you to determine if anyone else was to blame for the accident and can file a lawsuit on your behalf so you can obtain compensation for damages. This includes medical bills, lost income, pain and suffering, emotional distress or wrongful death arising from the ATV accident.

Many ATV cases are resolved through negotiating an out-of-court settlement with the insurance company representing the responsible driver or the ATV manufacturer.  You can also go to trial and your attorney will work to convince a jury to award you damages for your ATV injuries or for the untimely death of your loved one.

Carey, Danis & Lowe has extensive experience representing victims injured while in an ATV accident in St. Louis, Missouri and Southern Illinois.  Call or contact us online today to schedule a free consultation with a member of our legal team and learn how we can help with your case.

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