James R. Balmforth: ATV Accident Lawyer Park City Utah

About 136,000 people were treated in emergency rooms for All Terrain Vehicle (ATV) related injuries in 2004. And from 1982 to 2004, almost 6,500 people died in ATV-related accidents. Nearly a third of all these deaths and injuries involved children under the age of 16. But not only is the number of ATV-related accidents and injuries high, they are increasing at an alarming rate (injuries doubled in a recent five-year period). This is due in large part to their phenomenal popularity. Four-wheel ATVs in use in the U.S. has increased from about 2 million to over 6.9 million in the last decade. The first ATVs were sold in the U.S. in 1971. These three-wheelers were involved in so many rollover accidents that the United States Justice Department filed a lawsuit alleging that ATV manufacturers were violating the Consumer Product Safety Act. By 1987, ATV manufacturers discontinued making three-wheeled ATVs, but they did not recall the 2.4 million that had already been sold. Some of these dangerous vehicles remain in use today. Even four-wheel ATVs are being blamed for accidents caused by design and manufacturing defects.

When you need a Park City ATV Accident Attorney Lawyer, Call Ascent Law Right Away

Numerous ATV Accident Lawsuits have been filed against ATV manufacturers for “failure to warn” that the manufacturers knew of a hazard with regard to their vehicles yet did not warn consumers about it. Since 2000, hundreds of thousands of ATVs have been recalled.
Another problem with these types of vehicles is that children often ride ATVs intended for adults instead of the youth models. ATVs are not toys, especially when one considers that adult ATVs can weigh up to 800 pounds and travel at 60 miles per hour. In fact, the Consumer Product Safety Commission estimates that 90 percent of children under the age of 16 who died in an ATV-related accident were driving or riding as a passenger on an adult ATV.

Following are some common-sense tips for safer operation of ATVs:
• Children should only operate appropriately sized ATVs and should receive specialized training. Engine sizes between 70cc and 90cc should be operated by persons at least 12 years of age; engine sizes over 90cc by those 16 years of age or older. Both children and adults should enroll in an ATV safety course. Contact the ATV Safety Institute.
• Wear DOT- and Snell ANSI- approved helmet, gloves, goggles, long-sleeve shirt, long pants, and boots that cover the ankles.
• Do not carry passengers.
• Be aware that any attachments affect stability and breaking.
• Never operate ATVs on paved roads, streets or highways.
• Carefully read the owner’s manual.
If you are involved in an ATV accident, you should generally follow the same steps as those for an automobile accident, including getting medical attention, collecting as much information as possible, and writing down a detailed account of the accident, whiles your memory is fresh. Please search our directory of injury lawyers to speak with an experienced ATV accident attorney near you. All-terrain vehicles (ATVs) are popular for recreation use and work on many farms and ranches. The summer months (May through September) are typically the most deadly time for ATV related deaths. ATVs are inherently dangerous due to the high speed and weight of the vehicle. The risk of danger increases with the addition of passengers or when no helmet is present. Furthermore, drivers and passengers typically have minimal protection which many times results in devastating injuries. According to the U.S. Consumer Product Safety Commission (CPSC), on average, 564 adults and 123 kids (under the age of 16) die each year in an ATV accident. Of all ATV fatalities from 2009-2012, 33% occurred on paved surfaces.

Common causes of ATV accidents

ATVs are rugged, heavy vehicles capable of reaching speeds of 65 mph. Even for experienced drivers, ATV’s can be extremely dangerous and pose serious risks. Some of the common causes of accidents:
• Speeding
• Driving under the influence of drugs or alcohol
• Inexperienced driver
• Driving on paved roads
• Lack of safety equipment/no helmet
• Careless driving
• Multiple passengers

Who is responsible for an ATV accident?

Determining who the responsible party is following an accident will be one of the first steps a lawyer will take. If the vehicle itself was defective or malfunctioned, you may have grounds for a product liability claim against the manufacturer. If you were on the ATV owner’s private property, a claim with the homeowner’s insurance policy or against the owner may be the next step. If you or a loved one has been seriously injured in an accident caused by someone else’s negligence, recklessness or wrongdoing, you may be entitled to compensation for your injuries. Our ATV accident lawyers will carefully listen to your account of the accident, determine your legal options and identify the best course of action moving forward. While hiring a personal injury lawyer won’t take away the emotional or physical pain of an accident, we may be able to ease the toll that ongoing medical bills continue to take on your bank account and your mental well-being. We will fight to secure financial security for future medical treatment and care of your loved one.
Common types of ATV accidents include:
• Collision with another vehicle
• Rollover
• Hitting a stationary object
• Falling or being thrown off
• Being run over
Common ATV/four-wheeler injuries:
• Lacerations
• Fractures/Broken Bones
• Facial Injuries
• Spinal Injuries
• Traumatic Brain Injuries
• Quadriplegia
• Paraplegia
• Death

Future Medical Care and Expenses

Unfortunately, for many accident victims and their families, life will never be the same following an ATV injury. It is not uncommon for catastrophic injuries, such as severe brain and spinal injuries, to require lifelong medical treatment and care. For parents, spouses or other caregivers, the thought of being unable to provide future care for their loved one when they are no longer able or alive to do so can be devastating. It is imperative that you contact an experienced lawyer as soon as possible following an accident in order to preserve your right to file a potential claim. If you or a loved one has been seriously injured in or died as a result of an all-terrain vehicle accident caused by the negligence of another person, contact the personal injury lawyers.
What sorts of coverage can I get or need for my ATV or 4-wheeler?
Here are the types of coverage you may want to consider when buying a 4-wheeler:

• Bodily Injury and Property Damage Liability: This will cover the cost incurred with damaging property or injuring a person.
• Comprehensive & Collision Coverage: This coverage will protect you in the event that your 4-wheeler gets into an accident with another object or vehicle. It takes care of any non-vehicular incidents that caused damage to your 4-wheeler – fire, theft, vandalism, and collision with an animal.
• Medical Payments Cover: This is a good type of cover to have because it provides compensation for the medical services given to you after being hurt in a 4-wheeler accident, regardless of who is at fault.
• Uninsured/Underinsured Motorist Coverage: Again, like car insurance, if you have the unfortunate fate to get into a terrible accident where the other motorist either has minimum coverage, or no insurance coverage at all, this type of cover provides you peace of mind that you are covered.
• Accessory and/or Safety Apparel Coverage: This protects all electronic equipment and gadgets as well as upgrades installed in your 4-wheeler apart from the factory-installed ones. Also, trailer, covers, helmets, and other safety apparel or accessories related to your 4-wheeler would be covered.