Articles Posted in ATV Accidents

You care about your family. That’s why you make sure the auto insurance policy you choose will allow for adequate coverage of injury in the event of a serious accident.noatvs

But one provision you need to watch for is called the “step-down” provision. There are many different variations, but the intended purpose to reduce the amount of insurance coverage from the policy minimums to the state-mandated minimums. This is true no matter how severe the severity or how negligent the driver or how much insurance you purchased in the first place.

Take the recent North Dakota Supreme Court case of Nodak Mutual Ins. Co. v. Koller. This was a tragic accident that involved a young mother who was killed when her boyfriend, who also died, lost control of an all-terrain vehicle (ATV) he was operating.  Continue reading

In many motor vehicle accident cases, it’s worthwhile to explore whether product liability may be at issue. That means our legal team would look into the vehicles involved and the various parts – including tires, steering system, brake systems, seat belts and more – to determine whether they functioned as they were supposed to. atvtrail

When vehicle parts do not function as intended, this could cause a crash or at least contribute to the severity of injuries. In turn, this may be grounds for legal action.

However, problems can arise in these cases if there is evidence the product was significantly altered from its original intended design. Usually as this relates to car accidents, that could mean a part was defectively installed by a mechanic. This could be grounds to take action against that company, rather than the manufacturer of the vehicle. But of course, every case will be different.  Continue reading

Big-time rapper DMX, Earl Simmons, was recently hospitalized after an all terrain vehicle (ATV) accident in the Carolinas. He’s recovering, but says he remembers little about the accident. According to the Examiner, the rapper was riding on his ATV near his home when he flipped the ATV, rolled down a hill and landed on his back. He was rushed off to a local hospital where he was diagnosed with a concussion. Sources say that he’s fortunate that he didn’t land any other way otherwise it could have been much worse. Because of his concussion, DMX says he isn’t able to remember what happened in the accident. This is the second time he’s been in the hospital this year. He went in back in January as a result of food poisoning.
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“Flipped my f— four wheeler over,” he tweeted over the weekend.

Our Asheville ATV accident lawyers understand that there were more than 90 ATV accident fatalities reported from 2007 through 2010 in North Carolina. Because of the risks that are involved with these vehicles, state officials have enacted strict laws to help to keep riders safe. In the state of North Carolina, no one under the age of 8-years-old is permitted to operate an ATV. Children who are under the age of 12 are only allowed to operate an ATV under 70cc and kids under the age of 16 are only allowed to operate an ATV under 90cc.

ATV Operation Laws:

-Drivers under the age of 16 can operate an ATV only under the supervision of someone over the age of 18.

-Passengers are not allowed to ride on an ATV unless the vehicles has been designed specifically for passengers.

-All ATV operators are required to wear a helmet as well as eye protection.

-ATV use on public streets and highways is prohibited unless you’re attempting to cross to the other side.

-If you’re riding from a half hour after sunset to a half hour before sunrise then your ATV is required to have a lighted headlight and a taillight.

-If you were both after January 1st of 1990 then you’re required to have an ATV safety certificate.

-People who use an ATV for hunting, farming or trapping are exempt from the law’s provisions.

ATVs were first brought to market back in 1970 by the Honda Motor Company. They were brought to the U.S. for evaluation. Creators hoped that the vehicles would stir up a buying frenzy. Unfortunately, these vehicles may have been a little more dangerous than they were fun. Creators quickly learned how easily they were to flip over. ATVs have caused more than 10,000 fatalities since then and millions more injuries. About a quarter of these fatalities are of children who are under the age of 16.

While ATVs may be all fun and games for most, the truth of the matter is that they’re very dangerous. Parents are urged to make sure that their children aren’t riding an ATV that is too big for their child and to make sure they’re properly trained and educated in how to ride an ATV safely. Education and safe habits are your best bet against a potentially fatal accident. Consider enrolling in an ATV safety course to help make your riding experience a lot safer.
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A Winston-Salem, North Carolina ATV accident has claimed the lives of two riders, the Journal reported. The two men, ages 19 and 20, were killed last week when their vehicles collided head-on while driving on a private farm path near I-77 just north of Mount Airy.

All-Terrain Vehicles cause an alarming number of serious and fatal injuries. More than 60 riders have been killed in North Carolina ATV accidents during the past several years, ranking North Carolina 10th in the nation for fatal ATV accidents, according to the government’s website, ATV Safety. Thirty-three riders were killed in South Carolina ATV accidents during the same time period.
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A North Carolina injury lawyer should be contacted whenever a rider is seriously injured or killed in an ATV accident. Head injuries, spinal cord injuries and broken bones frequently result from ATV crashes.

ATV crashes may include a premise liability claim, a personal injury claim against an at-fault party or even a claim for damages from a manufacturer or distributor of an ATV. A federal law went into effect last year that now requires ATV distributors to provide safety training to new riders and their families.

The vast majority of Carolina ATV accidents occur between Memorial Day and Labor Day. The Consumer Products Safety Commission reports that ATV accidents involving young riders jump 30 percent heading into summer, while adult deaths increase by 88 percent.

“If springtime deaths and injuries are an indication of what’s to come, we urge all ATV riders, young and old, to take all necessary safety precautions,” said CPSC Chairman Inez Tenenbaum. “Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices.”

Safety Tips for ATV riders include:

-Get proper training.

-Always wear protective gear.

-Don’t ride with a passenger.

-Don’t ride on paved roads.

-Don’t allow children to ride adult equipment.

-Don’t ride under the influence of alcohol or drugs.
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