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Your Guide to ATV Accident Injury Cases In Florida

It is common to see all-terrain vehicles (ATVs) used for recreational purposes in Florida. They are similar to motorcycles, so an accident with an ATV can turn out to be just as devastating. When riding an ATV, there is often minimal protection, resulting in serious and life-threatening injuries.

If you have been involved in an ATV accident in Florida, you may be entitled to compensation. Today, we will share our brief guide to Florida ATV accidents so you know what to do and what you can expect if you choose to file a personal injury claim following the accident.

Common Causes of ATV Accidents

To ride an ATV unsupervised in Florida, you must be at least 16 years of age. Those under 16 can obtain a safety education certification to ride on public land.

Some of the more common causes of ATV accidents include inexperienced operation, operating the ATV at unsafe speeds, having a child operate an ATV designed for adult use only, operating on busy or paved roads, and driving under the influence.

Additionally, inattentive driving, malfunctioning parts, and having multiple passengers on an ATV designed for one person can also spell disaster.

Injuries Caused

As we have already mentioned, an ATV injury can be just as severe as those you would sustain in a motorcycle injury. These injuries can be life-threatening and have life-changing complications.

Some of the more common injuries one may sustain as the result of an ATV accident include:

• Bone fractures
• Head injuries
• Back injuries
• Neck Injuries
• Brain Injuries
• Paralysis
• Lacerations

Florida is actually one of the top states when it comes to the high number of ATV accidents there are that involve fatalities.

How to Prevent ATV Injuries

If you are going to operate an ATV or own the land where ATVs are operated, it is important to understand how to make everyone’s safety the top priority.

Children, for example, should never be permitted to ride an ATV without any specialized training, and they should never operate an ATV designed for adults. When riding an ATV, everyone should also wear the right protective equipment at all times. This includes a helmet, goggles, and gloves.

Most traffic laws don’t apply to off-road areas where you would usually operate an ATV, but a duty of responsibility still needs to be met. If you are injured in an ATV accident that was caused by the negligence of another, you may be entitled to compensation.

Filing ATV Accident Claims in Florida

Depending on the circumstances of the accident, there may be several liable parties. After an ATV accident, you should first file a claim under your no-fault personal injury protection (PIP) insurance policy. This coverage is required in Florida.

If the injured person crosses what is known as the personal injury threshold and they have the permanent loss of a bodily function, a permanent injury, disfigurement, scarring, or death, then the claim can be filed against the at-fault party.

Other parties that may be liable include the driver and the owner of the ATV. If the ATV malfunctions, the manufacturer or retailer may also be held liable because of the defective product.

ATV Damages

Some of the damages you can seek compensation for following an ATV accident in Florida include:

• All related medical expenses
• Long term care or rehabilitation
• Specialized medical equipment
• Lost wages and the loss of future earnings
• Lost benefits
• Emotional distress
• Pain and suffering

If you have been involved in an ATV accident in Florida, do not hesitate to discuss your case with a qualified personal injury attorney who can help you tackle the challenges that may come your way when filing a compensation claim.

Daniel Murphy's passionate belief in upholding the Florida justice system by defending the rights of the public against corporate interests, has lead him to become one of Florida's most effective young attorneys. Daniel Murphy carries his enthusiasm for fighting for the rights of the injured outside the courtroom by staying involved in legal and community organizations.

Your Guide to ATV Accident Injury Cases In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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