Category – All Terrain Vehicle Accident
Due to the annual rise in ATV (All-terrain vehicle) deaths during the spring and summer seasons, the U.S. Consumer Product Safety Commission (CPSC) has released a statement urging ATV riders to practice proper safety on riding trails; in an effort to curb the rise in injuries and deaths that has historically have occurred every spring and summer.
According to CPSC statistics, between 2004 and 2006 the average rate of deaths of children 16-years-old and younger rose approximately 65 percent during March and April. In the same period, adult deaths increased 85 percent. Furthermore, on average, every year from 2004 to 2010, there were almost 700 ATV deaths and approximately 136,000 ATV-related injuries treated in emergency departments. Many of these injuries were life-altering. If ATV riders, ATV manufacturers, and other drivers are not focused on safety, ATV-related fatalities are expected to continue rising during warm weather months.
In 2012, there have already been preliminary reports of 28 child and 130 adult ATV-related deaths. As of June 1, 2012, the CPSC received reports of at least three children and 14 adults who died as the result of ATV accidents during Memorial Day weekend.
The CPSC provides the following guidelines to help ATV riders stay safe this summer:
- All ATV drivers should complete a practical safety course from a certified instructor.
- Use ATVs as intended; do not ride as or with a passenger on a single-rider ATV, or allow more people on an ATV than it is designed to carry.
- Wear protective gear when riding, especially a helmet.
- ATVs are not designed for paved roads and may not be driven on them safely; stick to the trails.
- Children under the age of 16 should not be permitted to drive or ride on an adult ATV and children under the age of six should not be permitted to ride or be a passenger on any ATV.
ATVs are very dangerous if riders do not take the appropriate precautions to ensure not only their own safety, but the safety of other ATV riders.
If you or your child has been injured in an ATV accident in New Jersey as the result of another driver’s negligence, you may have cause to pursue legal action. The experienced New Jersey ATV accident attorneys at Blume Goldfaden can help you determine the validity of your potential claim, and help you to understand your legal rights and potential options. Call us for a no-cost consultation at (973) 635-5400.
According to the website nj.com, an all-terrain vehicle accident recently left a 41-year-old Somerset, New Jersey man injured. The man required hospitalization after his Honda ATV rolled over and pinned him underneath.
There was no mention of whether or not this crash was the result of the 41-year-old’s own driving practice or some other factor. For instance, the ATV may not have been safely designed, maintained, or, in proper working order. With a vertical height relatively comparable to its horizontal length, ATVs have a high propensity for rolling over, putting operators at risk of being crushed in an accident. There have been claims brought in the past that the manufacturers of ATVs, in supplying a dangerous product to the public, should be held strictly liable under product liability laws for damages and injuries associated with accidents in which the ATV’s design was a significant causative factor.
Manufacturers have an obligation to sell products that do not create a foreseeable risk of harm to consumers. Additionally, when a particular product, such as an ATV, fails to perform as it should during normal, recommended use, then a manufacturer, product designer, and/or distributor may all be held responsible for injuries caused by the product’s defects. Parties that create and distribute a dangerous product can be held liable for monetary damages associated with an accident and any injuries sustained. These damages may not only include the cost of medical treatment and therapy, but can also include compensation for past and future wage or income loss, and, any physical pain, suffering and disfigurement.
If you have recently been injured in an all terrain vehicle (ATV) in New Jersey that may have been defectively designed, modified, or manufactured, contact the skilled New Jersey all terrain vehicle accident attorneys at Blume Goldfaden. Our product liability lawyers will examine the circumstances of your accident to determine if a faulty product was the cause of your accident and injuries. Call Blume Goldfaden today at 973-635-5400 for a consultation at no cost to you.