All-Terrain Vehicles (ATVs) are widely used in Syracuse, Rochester, and throughout Upstate New York for both recreational and utilitarian purposes. Although ATVs are user-friendly, people often underestimate the potential for ATV accidents, leading to a high number of ATV-related injuries. ATV crashes are often the direct result of negligence or latent defects that make the vehicle unreasonably dangerous, and in many cases, people hurt in ATV collisions can pursue claims against the parties responsible for their harm. If you sustained injuries in an ATV accident, it's important to consult an attorney to determine if you have grounds to seek compensation. The experienced Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers dedicate their practice to helping people hurt in avoidable accidents fight to protect their interests, and if you engage our services, we will craft compelling arguments in your favor. We regularly represent people hurt in ATV accidents in lawsuits in Syracuse, where our primary office is located, as well as in Rochester and other cities in Upstate New York.
Harm Caused by ATV AccidentsNumerous factors can cause ATV accidents. For example, reckless driving can lead to loss of control, rollovers, and collisions with objects in the operator’s path. Speeding causes many accidents as well, particularly on uneven terrain. Vehicles that lack appropriate safety features and technical failures also play a role in bringing about accidents, as do adverse weather conditions.
ATV accidents can cause significant harm. For example, insufficient head protection or the force of the impact often leads to traumatic brain injuries, while collisions and rollovers frequently cause spinal injuries and broken bones. ATV accidents commonly cause cuts, abrasions, and internal injuries as well.
Claims Arising Out of ATV AccidentsATV accidents frequently stem from negligence on the part of the ATV operator, owner, or another driver. As such, many people hurt in ATV crashes will pursue negligence claims in a civil lawsuit. Under New York law, a plaintiff asserting a negligence claim must demonstrate that the defendant owed them a duty of care. The duty owed is generally to behave as a reasonable person would in the same situation, but it may arise out of a statute or regulation as well.
The plaintiff also has to prove that the defendant breached the duty owed and that the breach directly led to the accident. To establish a causal link between the defendant’s breach and the accident, the plaintiff needs to show that the accident would not have occurred in the absence of the breach and that the breach significantly contributed to the accident. Finally, the plaintiff has to establish that the accident caused them to suffer measurable harm.
In many ATV accident cases, the defendant will attempt to avoid liability by arguing that the plaintiff’s negligence caused the accident. New York adheres to a pure comparative negligence doctrine, though, which means that even if the plaintiff is deemed partially liable, they can still recover damages. Any compensation they are awarded will be proportionally reduced based on their own negligence, however.
Some ATV accidents result from product defects that render the ATV unreasonably dangerous. In such instances, the manufacturer, distributor, retailer, or wholesaler can be held liable for any resulting injuries. Such cases fall under the umbrella of product liability actions. These actions can proceed based on various legal theories, including negligence, strict liability, breach of implied warranty, or tortious misrepresentation. Strict liability claims require the plaintiff to prove both the defect in the ATV and its direct role in causing the accident, which usually requires expert testimony.
Damages Recoverable for ATV AccidentsATV accidents frequently result in severe, life-altering injuries. A plaintiff who establishes a defendant’s liability in a case arising out of an ATV accident may be granted compensation for medical expenses, future medical needs, lost wages, out-of-pocket expenses, and other economic damages. They may also be able to recover damages for the trauma, emotional distress, pain, and suffering they experienced due to the accident.
Talk to a Knowledge Personal Injury Attorney in Syracuse, Rochester, or Upstate New YorkThe injuries sustained in ATV accidents can be life-altering, and the parties that bring about such collisions should be held accountable for any harm that ensues. If you were hurt in an ATV crash, you should talk to an attorney about your rights. The knowledgeable Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have ample experience helping people hurt in accidents recover compensation for their losses, and if you hire us, we will diligently pursue the best legal result possible in your case. We regularly represent people in personal injury cases in Syracuse, where our main office is located, as well as in Rochester and in other cities throughout Upstate New York. You can contact us via our form online or by calling 833-200-2000 to set up a free and confidential consultation.