Hundreds of ATV drivers and passengers have been injured or killed when their vehicle roled over. The most frequent injuries, including fractures and crushed limbs, have been to riders' legs, ankles and feet. The injuries have frequently been so severe that amputation has been required. Drivers and passengers have been killed when their ATV roled over on them and crushed them. Because of their smaller size, children are especially vulnerable in ATV rollovers, and many children have lost their lives from riding in an ATV.
If you have been seriously injured, or have lost a loved one in an ATV, All Terrain Vehicle, accident, and you believe that defects in the vehicle's design contributed to the accident, you may want to discuss your case with a personal injury lawyer experienced in product design and ATV litigation. An experienced ATV attorney can help you determine whether you have a case, and what your options may be.
Most states' product liability laws state that all members of a distribution chain are responsible for a dangerous or defective product – the designer, the manufacturer, suppliers of component parts, the wholesaler, and the retail store that sold the product.
If you or a loved one has suffered harm from an ATV, you may have a claim against the manufacturer for medical expenses and pain and suffering. Most ATV's are manufactured and marketed by large multinational corporations. Suing a multinational manufacturer can be very expensive undertaking. You should look for a law firm with the skill and the resources to go the distance for you, through trial and appeal.
It is also important to consider where your lawsuit should be filed. Federal courts require jurisprudence to reach a unanimous verdict, whereas in California, state courts require a verdict of only 9-3. Most plaintiffs, people filing lawsuits, prefer state court for that reason, while most corporations prefer federal court.
Statutes of limitation and the need to act promptly
Most states have laws called statutes of limitation, which prescribes how long after an event you may file a claim or a lawsuit related to the event. Because of these statutes, it is urgent that if you or a loved one believe you have a claim involving crime or death related to an ATV, you contact an experienced plaintiff's attorney so that your claim can be evaluated before the time limit is exceeded.
As you interview plaintiff's attorneys and law firms, you should carefully examine their background and ask about their experience in cases similar to yours. You will want a law firm whose accident attorneys have a significant experience with ATV cases, and sufficient assets to aggressively prove your case against well-funded and determined adversaries.