ATV Accident Lawyer Green Tree

ATV accidents can result in serious injuries, and having an experienced attorney can make a difference in your recovery. If you’ve been involved in an ATV accident in Green Tree, Porta-Clark & Ward will help you seek the compensation you deserve. Our dedicated ATV accident lawyers will fight for your rights. Call (412) 921-7350 for a free consultation today.

What Legal Options Do Parents Have if Their Child Is Injured in an ATV Accident?

ATV accidents can be devastating, especially when they involve children. These off-road vehicles are popular for recreational purposes, but they come with serious risks. Due to their size, speed, and power, ATVs can cause severe injuries, and children are especially vulnerable. If your child is injured in an ATV accident, understanding your legal rights and the options available to you is essential for getting the compensation needed to cover medical expenses, lost wages, and other damages.

Understanding the Risks of ATV Accidents

ATVs, or all-terrain vehicles, are designed for off-road use, but they come with significant safety concerns, especially for young riders. Many ATVs are large, heavy, and powerful machines that are difficult for children to handle. In fact, the Consumer Product Safety Commission (CPSC) reports that children under 16 account for a large portion of ATV-related injuries and fatalities. These accidents often result in broken bones, head injuries, spinal injuries, and other serious trauma.

The cause of these accidents can vary. In some cases, the child may have been operating the ATV improperly or without proper training. In other situations, the accident may have been caused by defective parts, unsafe terrain, or the negligence of another party. Understanding how the accident occurred will be essential in determining your legal options.

Liability in an ATV Accident Involving a Child

Liability in ATV accidents can be complex. Depending on the circumstances, there may be multiple parties responsible for your child’s injuries. Some of the potential parties include:

The Driver of the ATV: If your child was driving the ATV or was a passenger and another child or adult was driving, the driver may be held liable if their negligence contributed to the accident. This could include reckless driving, speeding, or failing to follow safety guidelines.
The ATV Manufacturer or Seller: In some cases, an ATV accident may be caused by a defect in the vehicle. If the ATV was sold with a defect that contributed to the crash, the manufacturer or seller could be held accountable under product liability laws. Common defects include issues with brakes, tires, or steering mechanisms.
Property Owner: If the ATV accident occurred on private property, the property owner may be held liable if their failure to maintain safe conditions contributed to the accident. For example, poorly maintained trails, hidden obstacles, or unsafe terrain could lead to a serious injury.
Other Drivers: Sometimes, an ATV accident occurs when another vehicle or rider causes a collision with the ATV. In these cases, the other party’s negligence may be the cause of the accident, and you may be able to pursue a personal injury claim against them.
Rider’s Parents or Guardians: If a child was involved in an ATV accident, the parents or guardians may also be responsible if they failed to supervise the child properly, allow the child to operate the vehicle without appropriate training, or provide inadequate safety gear, such as helmets.

Legal Options for Parents After an ATV Injury

If your child has been injured in an ATV accident, there are several legal options available to help cover medical costs, lost wages, and other related expenses. The following are some of the primary avenues you may consider.

Filing an Insurance Claim: If the accident was caused by another party, the first step is often to file an insurance claim. The responsible party’s liability insurance may help cover medical costs, damages, and other expenses. If the child was injured while riding an ATV owned by someone else, the ATV owner’s insurance may also cover some costs.

If the child was the driver of the ATV, you may need to rely on your own insurance policy if you have coverage for ATV accidents. Many policies have specific clauses related to off-road vehicle accidents, so it’s important to review your policy or speak with an attorney to understand your coverage options.
Pursuing a Personal Injury Lawsuit: If an insurance claim does not fully compensate for your child’s injuries or if the responsible party’s insurance is insufficient, you may need to pursue a personal injury lawsuit. In a lawsuit, you would need to prove that the defendant (the person or entity responsible for the accident) was negligent or otherwise at fault for the injuries your child sustained.

Personal injury lawsuits can help you recover damages such as:
- Medical expenses, including past and future costs
- Pain and suffering
- Emotional distress
- Lost wages (if applicable)
- Punitive damages in cases of extreme negligence

It’s important to note that in a personal injury case involving a child, a parent or guardian must file the lawsuit on behalf of the minor. In some cases, a court-appointed guardian ad litem may be involved to ensure the child’s best interests are represented.

Product Liability Lawsuits: If the accident was caused by a defective ATV, you may be able to file a product liability lawsuit against the manufacturer or seller. This type of lawsuit seeks compensation for injuries caused by dangerous or defective products.

Product liability cases can be challenging because they require evidence that the ATV was defectively designed or manufactured. This could include proving that there was a flaw in the design, that the vehicle was defectively built, or that it was improperly marketed without proper safety warnings.
Worker’s Compensation: In some cases, if the ATV accident occurs at a workplace or during work-related activities, parents may be able to file a worker’s compensation claim. This is especially true if the child was working or assisting in a farm or recreational ATV rental business. Worker’s compensation can cover medical expenses and lost wages but may not provide compensation for pain and suffering.

Factors That Could Impact Your Case

Several factors can influence the outcome of an ATV accident case involving a child. These include:

Age of the Child: Children under a certain age are often considered unable to operate an ATV safely, which can make it easier to establish liability against a parent or another responsible party. However, older children may have a greater responsibility for their actions in some cases.
Evidence of Negligence or Fault: Having clear evidence of negligence is crucial. This could include witness testimony, photos of the accident scene, medical records, and proof of improper maintenance or faulty ATV parts.
Contributory Negligence: If it is found that the child was partially responsible for the accident due to their own actions, this could reduce the compensation you are entitled to. Pennsylvania follows a comparative negligence rule, meaning that if the child is found partially at fault, any damages awarded may be reduced proportionally.
Insurance Coverage: The amount of insurance coverage available to cover the accident can significantly impact the compensation you receive. If the responsible party has limited coverage, it may not be enough to cover all the expenses related to the accident, leaving you with the option of pursuing a lawsuit or seeking additional coverage.

An ATV Accident Attorney Focused on Your Recovery

ATV accidents involving children can be traumatic, and pursuing legal action can help provide the financial support needed to care for your child’s injuries. Whether you are filing an insurance claim, pursuing a personal injury lawsuit, or addressing product liability issues, understanding your legal options is crucial. If your child has been injured in an ATV accident, don’t hesitate to reach out for professional legal help to protect their rights and secure a fair outcome. Porta-Clark & Ward will fight for the compensation you need for medical bills, lost wages, and pain and suffering. Call (412) 921-7350 today to speak with an experienced Green Tree ATV accident attorney.