Firm-Wide blog

Fatal ATV Accidents a Reminder to Riders to Maintain Vehicles

By Burg Simpson
November 2, 2016
2 min read

All-Terrain Vehicles can be great fun, but with the fun can also come danger. Every year ATV accidents take the lives of recreational enthusiasts who ride these tricky vehicles without attention to proper safety guidelines. A tragic ATV accident in southwestern Colorado left to members of a Texas family injured and two more, dead.

Some accidents are unavoidable, and even when victims look for someone to blame, there is simply nowhere to turn. However, in many cases, accidents are the result of someone’s negligence. When the negligence of one person causes the injury or death of another person, the victim or surviving family has the right to pursue a personal injury or wrongful death lawsuit.

In the recent ATV accident, brake failure was identified as the cause of the crash. It has not been determined why the brakes failed, or if anyone was at fault for the accident.

ATVs need regular seasonal maintenance to all systems, including:

  • Brakes
  • Battery
  • Radiator
  • Tires
  • Steering
  • Transmission

Many times ATV accidents are the result of operator error. But sometimes crashes are due to the negligence or fault of others. For example, if the brakes failed because the owner of the ATV neglected to perform routine maintenance, that person may be liable for the accident. If the ATV brakes failed as a result of faulty construction or brake parts themselves, the manufacturer of the ATV may potentially be sued in a product liability lawsuit.

In either event, while it is unclear what caused this specific accident, it is clear that ATVs can be dangerous. States issue legal guidelines for ATV enthusiasts, including mandatory safety gear and strict age limits for drivers and passengers, as well as restrictions for specific types and areas of use. Colorado has some of the lightest restrictions, specifying only that riders must be over the age of 10 unless accompanied by an adult with a valid driver’s license.

When a person is injured in an accident, and that accident occurred as the result of another’s negligence, the victim may be able to obtain compensation for their injuries. If you are involved in an accident, contact a personal injury lawyer who knows the law and will advocate for your rights. Call Burg Simpson Eldredge Hersh & Jardine, P.C. at 303-792-5595 or complete the form for a FREE case evaluation.

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