Westchester County ATV Accident
While All Terrain Vehicles, also known as ATVs, quads, and four-wheelers, are popular recreational vehicles used by people of all ages. They also are in many ways similar to cars, and for that reason that are dangerous if not operated with skill and care. When operated recklessly or by someone without the maturity to skill to operate appropriate, accidents occur leaving operators, passengers and onlookers with terrible injuries such as concussions and other brain injuries, bone fractures, and back injuries. Many ATV accident victims are children. In 2009 alone, there were approximately 100,000 injuries and 300 fatalities as a result of ATV accidents. Such injuries include paralysis, head injuries, broken bones and back injuries. According to the Consumer Product Safety Commission in the United States there have been close to 10,000 deaths in ATV accidents over the past 3 decades. Just like with car accidents, most ATV accidents are caused by negligence. If you or a loved were injured in an ATV accident due to the negligence of another person, it is important to speak with a Westchester County ATV accident attorney who will ensure that your legal rights are protected and who will help you pursue compensation through a personal injury or wrongful death claim.Negligent use of ATVs
Those who operate ATVs have a legal responsibility to operate them in a safe manner. If an operator fails to do so and as a result someone is injured, then that operator may be legally liable to the victim for. While ATVs and those who drive them are not subject to the same traffic regulations as those who drive cars and trucks, there are state laws that regulate the operation of ATVs.
ATVs are not permitted to be driven on public streets and highways. They must be operated on the private property of the ATV owner. N.Y. VAT. LAW § 2403. If someone breaks the law by driving an ATV on a public road or on another person's private property, and causes a collision, then that person will be held liable for the accidents and related losses.
In addition to the restrictions on where an ATV may be operated, this is a general requirement that operators drive ATVs in a prudent manner. This means, for example, that it would be against the law to drive at an excessive speed.
Under New York law the owner of an ATV is vicariously liable for any personal injury or property damage caused by the negligent operation of his or her ATV. N.Y. VAT. LAW § 2411. This means that even if the owner is not personally operating the ATV, the owner can be sued for damages for the negligence of the person who was actually operating the ATV.Pursuing ATV accident damages
If you, your child or another family suffered a serious injury in an ATV accident caused by another person, such as a brain, head injury, neck, back, or spinal cord injury, the law allows victims of their personal representatives to file personal injury lawsuits in order to recover compensations for losses suffered.
You may be able to recover significant compensation for the past and future medical expenses related to your injury; your lost wages and loss of future earning capacity; and your pain and suffering. If a loved one passed away in an ATV accident, you may be able hold the negligent party accountable by filing a wrongful death lawsuit.Contact the Law Offices of Stephen Bilkis & Associates
If you have been injured in an ATV accident it is important to act immediately and contact an experienced attorney. The legal staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling personal injury cases stemming from ATV accidents as well car accidents, truck accidents, and other types of vehicle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.