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ALABAMA ATV ACCIDENT ATTORNEY
Serving Alabama Accident Victims Statewide
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. If you or a loved one have experienced serious injuries in an all-terrain vehicle crash, please contact our lawyers for a free case evaluation.
ATV Statistics
According to the Consumer Product Safety Commission, more than 135,000 people are injured every year because of an accident involving a recreational all-terrain vehicle (ATV). What’s more is that over 700 are involved in a fatal crash; one-half of such fatal accidents occur to children who are under 16 years of age. Tragically, Alabama lost 244 of its citizens in ATV fatalities between 1982 and 2009. Over half of all ATV injuries and deaths occur in children under the age of 16. Many fatalities occur when children ride large-model ATVs weighing up to 600 pounds or more. Although these models are meant for adults and can travel up to 60 M.P.H. The people who are most commonly hurt are women and older children. Recent research showed that between 1997 and 2006, there was a 240% increase in the number of child-related ATV injuries.
Common Causes of ATV Accidents
ATVs are rugged, heavy vehicles capable of reaching speeds of 65 mph. Even for experienced drivers, ATVs can be extremely dangerous and pose serious risks. Some of the common causes of accidents are:
- Speeding
- Driving under the influence of drugs or alcohol
- Inexperienced driver
- Driving on paved roads
- Lack of safety equipment/no helmet
- Multiple passengers
What to do After an ATV Accident in Alabama
1. Seek medical attention immediately.
2. Collect information.
3. Take photos.
4. File a collision/accident claim.
5. Call our ATV accident attorneys.
What are the Most Common Alabama ATV Accident Injuries?
If you or a loved one sustain injuries in an ATV accident in Alabama, you and your loved ones have a right to be compensated for your injuries. Many of the injuries we see include the following:
- Catastrophic injuries
- Broken bones
- Lacerations
- Bruising
- Whiplash
- Concussion
- Eye injury
- Chest injury
- Spinal cord fractures
- Traumatic brain injury
- Amputation
- Paralysis
- Wrongful death
- Soft tissue injuries
- Hip injuries
- Shoulder injuries
- Strained ligaments
- Back muscle sprains
- Scrapes and Cuts
- Contusions
- Broken ribs
- Internal injuries
- Quadriplegia
- Paraplegia
- Jaw injuries
- Loss of teeth
- Neck injuries
- Crushed larynx
- Crushed trachea
- Broken neck
- Pelvic injuries
- Penetration injuries
- Abdominal injuries
- Closed head injuries
- Appendicular skeletal fractures
Does insurance cover ATV accidents in Alabama?
While ATVs must be insured separately from your auto policy, there are some exceptions in Alabama. In some cases, ATV accidents can be covered by a homeowner’s or farm policy. Some policies provide coverage depending on location, how the accident happened, and whether it happened on your land. For example, your insurance may cover an accident that occurred on your property but not on a public road or your neighbor’s property. The types of coverage that you can receive through insurance companies for your four-wheeler can include liability, collision, and comprehensive.
You may be eligible to recover:
- Past and future medical bills
- Past and future therapy and rehabilitation costs
- Pain and suffering
- Living expenses during recovery
- Lost wages
- Loss of future earning potential
- Disability or permanent injury
- Funeral expenses
Frequently Asked Questions About Alabama ATV Accidents
What should I do immediately after an ATV accident in Alabama?
Get to a safe location, call 911 when anyone may be injured, and obtain prompt medical care. If possible, photograph the ATV, scene, hazards, safety equipment, and visible injuries; identify witnesses; preserve the vehicle and damaged gear; and avoid giving a recorded insurance statement before receiving legal advice.
When should I contact an Alabama ATV accident lawyer?
Contact a lawyer as soon as practical after emergency medical needs are addressed. Early investigation can help preserve the ATV, scene evidence, electronic or mechanical information, witness accounts, insurance policies, and other evidence before it is lost or altered.
Who may be liable for an ATV accident?
Potentially responsible parties can include a negligent ATV operator, the vehicle owner, a property owner, an event or rental operator, a repair business, or a manufacturer or seller of a defective ATV or component. Liability depends on the facts, applicable law, and available evidence.
Can I bring a claim if I was a passenger on the ATV?
Possibly. An injured passenger may have a claim against a negligent operator or another responsible party. The investigation should also identify liability, homeowners, farm, recreational-vehicle, umbrella, or other insurance that may apply.
What if a child was injured in an ATV crash?
A parent or legal guardian should obtain immediate medical care and legal advice. Claims involving minors can raise special issues concerning supervision, age-appropriate vehicles, safety warnings, settlement approval, medical expenses, and deadlines.
Does insurance cover ATV accidents in Alabama?
Coverage varies. A dedicated ATV policy may provide liability, collision, medical-payments, or other protection. Depending on the policy language and where and how the crash occurred, homeowners, farm, umbrella, commercial, or other coverage may also apply. Every potentially relevant policy should be reviewed.
What compensation may be available after an ATV accident?
Recoverable damages may include past and future medical expenses, rehabilitation costs, lost income, reduced earning capacity, pain and suffering, disability, disfigurement, and property damage. In a fatal crash, eligible family representatives may have an Alabama wrongful death claim.
What are common causes of ATV accidents?
Common causes include excessive speed, impaired operation, inexperience, unsafe turns or slopes, riding on unsuitable surfaces, carrying passengers on a single-rider vehicle, lack of protective gear, poor maintenance, property hazards, and defective components.
What injuries commonly result from ATV crashes?
ATV crashes can cause traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, lacerations, chest and abdominal trauma, amputations, paralysis, and fatal injuries. A medical evaluation is important even when symptoms initially appear minor.
Can I have a claim if I was not wearing a helmet?
A lack of helmet use does not automatically determine whether another party caused the crash. It may become an issue concerning the type or extent of injury and can affect the defense raised. A lawyer should evaluate the complete facts rather than assume the claim is barred.
What if the ATV rolled over because of a mechanical defect?
A defect involving the brakes, steering, throttle, tires, suspension, stability, warnings, or another component may support a product-liability or negligent-repair claim. Preserve the ATV in its post-crash condition and do not authorize repairs, disposal, or destructive testing before it can be inspected.
How long do I have to file an ATV accident lawsuit in Alabama?
Many Alabama personal injury claims are subject to a two-year limitations period, but the correct deadline depends on the claim and parties involved. Claims involving a government entity, a minor, wrongful death, or another special circumstance may follow different notice requirements or deadlines. Prompt legal advice is important.
What evidence should be preserved after an ATV accident?
Preserve the ATV, helmet, clothing, damaged equipment, photographs, videos, medical records, receipts, police or incident reports, ownership and maintenance records, rental documents, insurance policies, witness information, and communications with insurers or other parties.
Should I talk to the insurance adjuster after an ATV crash?
You may need to report the incident, but use caution with detailed or recorded statements, broad medical authorizations, or early settlement offers. An adjuster represents the insurer’s interests. You may consult an attorney before providing information that could affect the claim.
How much does it cost to speak with Ferguson & Ferguson about an ATV accident?
Ferguson & Ferguson offers a free initial case evaluation for ATV accident claims. Representation and any attorney fee are governed by the written agreement signed if the firm accepts the case.
Free, No Obligation Claim Review
Get in touch with Ferguson & Ferguson’s personal injury attorneys immediately if you or a loved one was killed or gravely hurt in an all-terrain vehicle collision brought on by someone else’s carelessness. We offer a free initial consultation to discuss your potential legal rights to compensation. If you or a family member sustained a severe injury involving an ATV, contact our Decatur and Huntsville personal injury lawyers today. Speak with our Alabama ATV injury lawyers as soon as possible to discuss your case. Call 256-534-3435 now. Free consultation.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601