ATV Accidents and Personal Injury Cases
South Carolina is a mecca for anyone wanting to enjoy the recreation activity of all-terrain vehicles (also known as ATVs). These off-road vehicles include any type of 4-wheelers, quad bikes, and quads. While adventurous in nature, when operated in a negligent manner, ATVs can cause catastrophic injuries or even deaths. ATVs provide little protection to their riders, and all safety precautions should be taken while operating an ATV or riding on the ATV trails. If you were injured due to the negligence of another rider in an ATV accident, you may have the right to receive compensation.
Negligence and ATVs
Personal injury cases require that you establish four elements to prove negligence, and therefore liability regarding your injuries. In the case of ATV accidents, you would need to establish that the ATV rider breached their duty to exercise reasonable care during the operation of their ATV vehicle due to reckless or dangerous behavior, which directly resulted in either physical or emotional injuries, and/or property damage.
For example, if you determine that the other ATV rider was operating their vehicle under the influence of drugs or alcohol, and caused an accident in which you were physically injured, you may be able to receive compensation not only for your damaged ATV, but also your medical bills, lost wages due to your injury, and perhaps even pain and suffering. ATVs are inherently dangerous, however, intentionally operating them in a negligent or unsafe way significantly increased the risks associated with severe injuries or death.
There are cases where the ATV rider was involved in an accident that was not due to the fault of any ATV rider. Yamaha, Suzuki, and Honda are all popular manufacturers of ATV vehicles and have discovered significant manufacturing defects throughout the years in their vehicles. If it is discovered that a manufacturing defect in an ATV either caused an accident, or made an accident more severe, the manufacturer will be liable for any physical, emotional, or property damages that result. Some of the more common manufacturing defects found in ATVs include ATV suspension or stability defects, defective steering equipment, and poor structural protection.
Statute of Limitations
The state of South Carolina has a deadline by which you must file a lawsuit regarding your personal injury suffered from an ATV accident. This is called the “statute of limitations” and in South Carolina, that deadline would be three years following your ATV accident. If you attempt to file a lawsuit after that period of time, you will likely be unable to under the law.
Contact an Experienced Personal Injury Attorney
You may have the right to receive compensation if you were involved in an ATV accident due to someone else’s negligence, recklessness, or carelessness. Contact an experienced Columbia personal injury attorney at The Stanley Law Group at 803-799-4700 to help you determine if you have a strong personal injury case, and help you with your next steps. Set up a consultation today to discuss your case.