Like throughout the rest of the state, Lake City has a number of little getaways and hideaways that are perfect when accessed by an all terrain vehicle (ATV). These vehicles are great for fishermen, campers, hunters, and those that just want a thrilling ride. Unfortunately, ATVs are still vehicles and when they are involved in a crash, serious injuries result. Just like when you are hurt in a crash in another type of vehicle, you may still be able to claim damages. A Lake City ATV accident attorney can help you recover the fair settlement you are entitled to.
Common Injuries After an ATV Accident
The term “ATV” typically refers to vehicles that have four wheels and are considered “open air,” meaning they do not have a frame on top or around the rider and passenger. ATVs can be used for either work or recreational purposes, and they are usually intended to only carry a single person. Some models are equipped with passenger seats so more than one person can ride.
Regardless of the type of ATV, these vehicles can weigh more than 500 pounds, and can travel up to 60 miles per hour. This weight, in addition to the fact that ATV operators and passengers do not have much protection, works against accident victims in an accident. Neck injuries, back injuries, broken bones, internal injuries, and damage to soft tissues are just some of the most common injuries seen after an ATV accident. Many ATV riders also do not wear helmets, which can cause a traumatic brain injury (TBI) during a crash.
PIP Does Not Usually Cover ATV Accidents
When two vehicles designed to travel on roadways and highways in Lake City are in a crash, each driver can typically first claim compensation through their own personal injury protection (PIP) benefits. Unfortunately, this coverage is not usually available after an ATV accident.
Instead, accident victims usually have to hold the negligent, or careless, party for paying damages after a crash. There are a number of potentially liable parties after an ATV accident. If the operator of an ATV did not drive the vehicle in a safe manner, they can be held liable for any injuries that result from an accident. ATV owners must also ensure the vehicle is maintained properly, repaired when necessary, and only allow drivers of a legal age to operate it.
ATV manufacturers are also responsible for ensuring their vehicles, and all parts of those vehicles, are not defective but are in good working condition. If they do not and a faulty party causes a crash, the manufacturer can be held liable. Lastly, when a land owner has not corrected certain dangerous conditions, or has not warned ATV users of those hazards, they too, can be held liable.
Our Lake City ATV Accident Attorneys Can Assist with Your Case
ATV accidents cause serious injuries, and the aftermath of them is often more complex than it is with other vehicles. At Meldon Law, our Lake City personal injury lawyer can determine who is liable for your injuries, and hold them accountable for paying the maximum damages you deserve. Call us today or fill out our online form to schedule a free case review.
Lake City ATV Accident FAQs
Who is liable if an unlicensed minor was driving an ATV in Lake City that hit my car?
In Florida, the minor’s parents or guardians are typically liable under the doctrine of “negligent entrustment” for allowing an unlicensed child to operate the vehicle. Additionally, the ATV owner is legally responsible for damages caused by anyone they permit to ride it.
Are ATVs allowed on Lake City streets, and how does that affect my claim?
Generally, no. Florida law prohibits ATVs on public roads unless designated by local ordinance. If an ATV hit your car on a Lake City street, their illegal presence can be used as evidence of negligence, often strengthening your claim for damages against the rider or owner.
Does car insurance cover injuries from an ATV accident in Florida?
Typically, no. Standard Florida car insurance policies usually exclude off-road vehicles like ATVs. Because ATVs aren’t classified as “motor vehicles” for PIP purposes, your auto policy won’t cover injuries unless you have specific ATV insurance or your homeowner’s policy provides limited coverage for accidents on your property.
Can I recover damages if I was hit by an ATV on private property in Lake City?
Yes. You can file a premises liability claim against the landowner for hazards or a negligence lawsuit against the operator. Even on private land in Lake City, homeowner’s insurance may provide coverage. Just remember, Florida law requires you to be less than 51% at fault to recover damages
Meldon Law
Address: 2941 W US Hwy 90 Suite 117, Lake City, FL 32055, United States
Phone: 352-373-8000
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