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All Terrain Vehicles (ATVs) have gained in popularity throughout the U.S. and Alabama in recent decades. These vehicles are driven in off-road environments, often at high speeds and often by poorly trained drivers. These factors combined with the propensity of ATVs to flip over have resulted in thousands of injuries and deaths for riders and their passengers across the nation. Accidents can occur due to both the negligence of the driver as well as due to product liability based on defectiveness.
If you or a family member have been injured in an ATV accident anywhere in North Alabama, you may be entitled to compensation for your injuries. It is vital that you seek the assistance of a personal injury attorney who can properly evaluate your case to determine if you have a valid claim. At McCutcheon & Hamner, our legal team brings extensive legal experience and skill to your situation. With over 50,000 cases handled and more than $100 million recovered on behalf of Alabamans in our area, we bring thorough knowledge of Alabama injury law to every situation. Because we meticulously prepare every case for trial, we are able to put our clients in the best possible legal position which can lead to the most value for your claim or lawsuit.
According to various statistical sources, about 135,000 people become injured in ATV-related accidents annually. Approximately 300 to 400 people lose their lives in these accidents with one-third of them being minors under the age of 16. Per the Consumer Federation of America, 18 people died in ATV-related accidents in Alabama in 2018. Many injuries and deaths occur when riders are thrown from the ATV or when the vehicle flips and crashes on top of the rider.
All ATV’s, whether four-wheelers or enclosed cab models such as the Yamaha Rhino, Polaris Ranger, and Kawasaki Mule, are prone to rollover or tip-over. Rollover occurs when an ATV rolls over on its side. The Yamaha Rhino, for example, has been shown to rollover even on flat, open ground. Tip-over occurs when the front of the ATV comes off the ground and falls backward onto the passenger. Tip-over has been shown to occur on the slightest of incline, even flat ground.
Thus, ATV accidents can include serious head injuries as well as bodily injury from impacts.
These injuries can lead to claims based on personal injury law or product liability. Personal injury law is based on the negligence of another individual; if you were injured due to the ATV driver’s negligence, you may have a valid claim. Product liability law is based on the ATV or some component part of it having been defective in design, manufacture, or marketing.
The availability and extent of compensation can be influenced by factors such as insurance coverage, liability, and Alabama laws.
It’s essential to consult an experienced personal injury attorney as soon as possible about your Florence ATV accident. A personal injury lawyer from McCutcheon & Hamner can assess the details of your case, determine liability, and help you pursue the appropriate compensation for your injuries and losses.
Remember that every ATV accident case is unique, and seeking legal advice promptly can help you understand the specific actions to take based on the circumstances of your situation. An attorney from McCutcheon & Hamner can assist you in navigating the legal process and pursuing compensation for injuries and damages.
For most personal injury claims based on negligence, including ATV accident lawsuits, Alabama allows you two years from the date of the accident to file a lawsuit in civil court. However, the statutes of limitations can be subject to change, and there may be specific circumstances that could affect the deadline in your case. Additionally, the type of claim, the nature of the injuries, and other factors can impact the applicable statute of limitations.
Regardless, if you don’t have an attorney file a lawsuit for you within the prescribed deadline, you will likely forfeit your rights to pursue compensation. Therefore, you must contact an experienced Florence ATV accident attorney as soon as you can to learn of your options and start the process.
If you or a loved one has suffered serious injury, illness, or death as a result of an ATV accident, you may have a valid legal claim in which you can seek compensation for your damages. If you have questions about any potential ATV accident injury case, it in your best interests to turn to an experienced attorney at our firm who can review your case, answer your questions, and advise you on your legal options. We urge you to talk to a Florence ATV accident lawyer at McCutcheon & Hamner about your case as soon as possible.