Among the high-risk types of accidents in South Florida are ATV accidents because drivers are largely unprotected. Victims of auto accidents are shielded by plastic, metal, airbags, and a design that’s meant to absorb the shock and impact. On the other hand, all-terrain vehicles have nothing between you and other cars, trees, and the ground.
In most instances, your body suffers all the possible damage. It is not fair for the victim to tackle the crash’s economic and non-economic consequences if it wasn’t their fault. That is why you need Miami personal injury attorneys to help explore your legal options.
What Commonly Causes ATV Accidents in Florida?
People rarely think deeply about the possible harm that an ATV can cause because it is used for recreation. But the machines are quite heavy and are capable of high speeds of up to 65 mph. Here is how ATV accidents occur:
- When victims are run over
- When vehicle occupants fall off the ATV
- When you crash into a building or a fixed object
- When you collide with another vehicle or ATV
- When the ATV rolls over
- When the ATV carries more than one passenger
- When the ATV is driven on asphalt roads
- When an inexperienced driver operates the ATV
- Reckless or distracted driving because of other occupants or cell phones
- Failure to wear a helmet or safety belt
What Injuries Can I Get Compensation for in South Florida?
Due to the nature of ATV accidents, the road to recovery is usually long and challenging. And apart from the agony of physical pain, victims have to endure the financial burden that comes with the expensive cost of treatment.
Here are the common injuries in ATV accidents:
- Spinal injuries
- Traumatic brain injury
- Broken bones
- Facial injuries and broken bones
Notably, the financial burdens have left many victims with mounting debts and even triggered depression in others. However, this might not happen if a Miami ATV Accident Attorney represents you. Here is what you can be compensated for:
- Pain and suffering
- Emotional distress
- Loss of benefits
- Loss of future earnings
- Specialized medical equipment
- Therapy costs
- Lost wages
- Long-term care costs
- Medical bills
What Does It Take to Seek Compensation for an ATV Accident?
The party that was negligent or reckless and disregarded your safety ought to pay for your damages. You just have to show evidence of their negligence and get an experienced Miami ATV accident attorney to package the case. Here is how negligence looks like:
- Poorly maintained trails
- You rented an ATV that was poorly maintained
- Driving an ATV while intoxicated
- Operating the ATV in an unsafe manner or on high speed
After evaluating your case, the attorney will establish whether you have a personal injury case in South Florida.
If your claim is substantial, the legal representative will help you:
- Focus on your physical healing
- Take the work off your shoulders
- Identify a deserving settlement offer
- Stay at peace knowing that someone is fighting for your rights
- Improve the chances of getting what’s owed to you
Who Are Possible Liable Parties in an ATV Accident?
Personal injury attorneys in Florida come up with a list of liable parties in several ways. They evaluate the injury or accident location, the type of injury, and the type of accident. Some include:
PIP Insurance. A no-fault personal injury protection (PIP) policy is a requirement for bicycles, pedestrians, motorcycles, motor vehicles, and ATVs in Florida. If the injuries you sustained from the incident are not so serious, it may be a good idea to file a claim on it.
At-Fault Party. Sometimes, the injuries can cross the threshold of permanent injury, and the victim’s body organ may lose its functions. In such instances, the liable party will have to compensate them and their family for the death, disfigurement, scarring, or permanent injury.
Multiple parties. When it comes to a lawsuit, various parties can be held responsible for the damages. For instance, the driver and the ATV owner may have to pay for failing to maintain the vehicle correctly or for driving carelessly. The retailer and the manufacturer may also be liable for failing to warn about the dangerous aspects of the ATV or for marketing a defective vehicle.
What Evidence do I Need for My Compensation Case?
The burden of proof is on the person seeking compensation for their injuries. And if you collect good evidence, it will be easier for your Miami personal injury lawyer to aggressively argue your grievances and get the best outcomes.
Here is what you need:
Medical narratives. The doctors that handle you at the emergency room need to link your injuries to the accident. Records of your rehabilitation and treatment will also help.
Videos or photographs. It will help if you document the reckless driving, evidence of alcohol or drug use, and the area where the accident occurred.
Incident reports. The written documentation from the rescue personnel, fire, or responding police is also essential back-up evidence.
Admissions. You will want to record statements that the at-fault driver said; could be beneficial to the case. For instance, “I lost control,” or “I had too much to drink,” or “I didn’t see that hill coming up.”
Proof of age. If you can argue that the driver was underage, their parents can be held liable on their behalf.
Witness Statements. Witnesses’ account of what they heard during the accident and the circumstances that lead to the incident is also critical.
Legal Guidance from a Skilled Personal Injury Attorney
An ATV accident can damage your life emotionally, physically, and mentally. A personal injury attorney with the resources and experience in tackling such challenging cases can win you full compensation. They should work with your medical team to ensure that you get the money you need to tackle your future.
At Lipcon & Lipcon, P.A., we work on a contingency basis. This means that you do not have to sink yourself further into debts to explore your legal options. You will only pay after we win the case and get the compensation you deserve. Call (305) 670-6144 to speak to our highly experienced South Florida personal injury lawyer.