Florence ATV Accident Attorneys
Skilled Legal Representation for the Injured in North Alabama
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.
Discuss your ATV accident case with one of our knowledgeable attorneys. Contact McCutcheon & Hamner online or at (256) 333-5000 to arrange for a free, confidential case review.
ATV Accidents in Alabama
ATVs, also known as four-wheelers or quads, come in various sizes and are made for both adults and youngsters. Some ATVs are designed for one passenger only while others encased in a steel case are designed for more than one rider. As a result, these accidents can involve both drivers and “passengers” depending on the situation.
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 accidents can result in:
- Major hospital and/or emergency room bills
- Ongoing medical care in the most serious injury cases
- Lost wages from being unable to work
- Pain and suffering
- Mental anguish
- Permanent disability in the worst cases, such as those where catastrophic injuries have occurred
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.
What Types of Compensation Can I Receive from an ATV Accident Claim?
Compensation available in an ATV accident claim can vary based on the specific circumstances of the accident, the injuries sustained, and the applicable laws in your jurisdiction. In general, the types of compensation that may be sought in an ATV accident claim include:
- Medical Expenses: Compensation for all medical costs related to the ATV accident, including emergency medical treatment, hospitalization, surgeries, medications, rehabilitation, and future medical expenses.
- Lost Wages: Reimbursement for income lost due to the inability to work during recovery from injuries sustained in the ATV accident. This may include past, present, and future lost earnings.
- Property Damage: Compensation for the repair or replacement of the ATV and any other personal property damaged in the accident.
- Pain and Suffering: Damages for physical and emotional pain and suffering resulting from the ATV accident. This may encompass not only immediate pain but also long-term or chronic pain and emotional distress.
- Loss of Enjoyment of Life: Compensation for the reduction in the quality of life or the inability to engage in activities that were enjoyed before the accident.
- Permanent Disability or Disfigurement: Damages for long-term or permanent disabilities resulting from the ATV accident, as well as compensation for any disfigurement or scarring.
- Wrongful Death Damages: In the tragic event of a fatal ATV accident, surviving family members may pursue wrongful death damages. These can include funeral expenses, loss of financial support, and compensation for the emotional impact of the loss.
- Loss of Consortium: Compensation for the negative impact on the injured party’s relationships, including the loss of companionship, support, and intimacy.
- Rehabilitation Costs: Damages for the costs associated with rehabilitation services, including physical therapy, occupational therapy, and other necessary treatments to recover from injuries.
- Punitive Damages: In cases where the ATV accident resulted from egregious misconduct or willful negligence, punitive damages may be awarded. These are intended to punish the responsible party and deter similar behavior.
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.
What Should I Do After an ATV Accident in Alabama?
Following an ATV accident in Florence that injured you, it’s crucial to take specific steps to ensure your safety, preserve evidence, and protect your legal rights. Here’s a guide on what to do after an ATV accident in Florence someone else caused:
- Ensure Safety: Prioritize safety for yourself and others involved in the accident. Move away from the ATV and any immediate danger, if possible.
- Seek Medical Attention: Check yourself and others for injuries. If anyone is injured, call for emergency medical assistance immediately. Even if injuries seem minor, it’s advisable to seek medical attention promptly.
- Preserve the Scene: If it’s safe to do so, leave the ATV in place to preserve the scene for later investigation. This can help in determining the cause of the accident.
- Document the Scene: Take photographs of the accident scene, including the ATV, any damage, skid marks, and the surrounding area. These photos can be valuable evidence later on.
- Exchange Information: Obtain contact information from all parties involved in the accident, including names, addresses, phone numbers, and insurance information.
- Identify Witnesses: If there are any witnesses to the ATV accident, collect their names and contact information. Witness statements can be crucial for determining fault.
- Report the Accident: In Alabama, there may not be a legal requirement to report ATV accidents on private property, but it’s still advisable to report the accident to local law enforcement. If the accident occurs on public property or involves serious injury or death, reporting is generally required.
- Do Not Admit Fault: Refrain from making statements that could be interpreted as an admission of fault. Stick to the facts when communicating with other parties and law enforcement.
- Contact Your Insurance Company: Report the ATV accident to your insurance company as soon as possible. Provide them with accurate and detailed information about the incident.
- Seek Legal Advice: Consult an experienced personal injury attorney who handles ATV accidents. An attorney can help you understand your rights, assess liability, and guide you through the legal process.
- Preserve Evidence: Keep any evidence related to the accident, such as medical records, repair estimates, and communications with insurance companies. This documentation can be crucial when pursuing a personal injury claim.
- Follow Medical Advice: Adhere to medical recommendations and attend all necessary follow-up appointments. This not only ensures your well-being but also strengthens your personal injury claim.
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.
How Long Do I Have to File an ATV Accident Lawsuit in Alabama?
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.
Get Knowledgeable Legal Representation
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.
Fill out our online form or call (256) 333-5000 for a free no-cost no-obligation evaluation of your case today.
