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ATV Accidents in Florida

ATV driverIf you or someone close to you has been injured in an all-vehicle terrain (ATV) accident, you may be entitled to compensation for your harm. Whether you were hurt due to an ATV manufacturing defect or the negligence of another ATV driver, we can help. At the Law Offices of Robert Dixon, our experienced Miami personal injury attorneys can help you recover the damages you deserve for your injuries. With years of experience, we have helped countless Florida clients resolve their injury claims and can help you too.

ATV accidents can take place in a variety of ways. Individuals are not required to have a driver’s license to operate an ATV. As a result, people often operate ATVs for amusement in rural areas with little or no prior training. This inexperience can lead to serious accidents and injuries. Other causes of ATV accidents include drivers failing to obey laws, trying to perform stunts, allowing more riders on the ATV than it can handle, malfunctioning equipment, and more.

If the ATV accident was caused by a design or manufacturing flaw, the manufacturer or seller may be liable under products liability law. A product is considered to have a design defect when there is a defect built into the design of the product. For example, an ATV may be designed with a flaw that makes it unreasonably dangerous. A product is considered to have a manufacturing defect when the product is created in a way that departs from the intended design. Manufacturing defects normally take place due to a blunder in the making of the product.

If the ATV accident was caused by a negligent driver, that driver may be liable for any resulting harm. Negligence is the failure to take reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the victim must establish the following elements:  i) the defendant owed the victim a duty to exercise reasonable care; ii) the defendant breached this duty owed to the victim; iii) the defendant’s breach caused the accident and the victim’s resulting injuries; and iv) the victim incurred actual damages.

Accident victims may be entitled to compensation, such as medical expenses, lost income, pain and suffering, and other types of damages. In the event of a death resulting from an ATV accident, certain surviving family members may be able to file a wrongful death claim, seeking damages such as funeral and burial expenses, as well as medical expenses prior to the death.

ATV accidents can lead to serious and long-term injuries. If you or a loved one has been injured in an ATV accident, it is important to consult an attorney who can examine the facts of your case and determine the viability of your claim. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can investigate inherent flaws in the ATV itself as well as identifying the carelessness of an ATV driver. We proudly represent clients throughout South Florida. For more information, do not hesitate to contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.

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Understanding Damages in Florida Personal Injury Cases, South Florida Injury Lawyer Blawg, June 29, 2015