Walnut Creek ATV Accident Lawyer
In recent years, the government has taken some steps to make ATVs safer for users and reduce the number of serious injury accidents. For example, three-wheel ATVs, some of the most unstable vehicles ever to roll off an assembly line, are no longer sold in the United States. But like many other government safety efforts, this one only went so far. These vehicles are so big and fast that the likelihood of serious injury remains strong.
The experienced Walnut Creek ATV accident lawyers at Venardi Zurada stand in the gap in these situations. Government regulators must take a number of factors into consideration before they take action. But our professional team only cares about your legal and financial rights. So, we work hard to preserve both these things. We are not satisfied with anything less than the best possible result under the circumstances, because neither are you.
What Causes ATV Accidents?
Many ATV operators have little or no experience when it comes to driving an off-road vehicle. The tires have little traction as the vehicle bounces along a trail. As a result, these vehicles are very difficult to control. That’s especially true if the driver is impaired in any way, perhaps because of alcohol consumption.
Operational errors also cause a number of ATV accidents. Speed is a good example. Excessive velocity increases the risk of a collision as well as the force in that collision.
On a related note, many ATV owners encourage renters to push the envelope when they operate these vehicles. Instead of an off-road golf cart, which is what these vehicles are designed to be, owners encourage operators to ride fast and attempt dangerous stunts.
It’s arguably negligent to egg riders on in this way and encourage them to risk injury. It’s also negligent to rent an ATV, or any other vehicle, to an incompetent operator. Evidence of incompetence includes no drivers’ license, a safety-suspended license, or a poor driving record which includes recent at-fault accidents.
This doctrine is called negligent entrustment. Commercial negligent entrustment cases work a bit differently than noncommercial cases, because of the federal Graves Amendment.
In the mad rush to make money, many defective ATVs reach consumers. The underlying defect could be a:
- Manufacturing Defect: Often, ATV makers use cheap components and parts which are prone to severe wear and tear damage. After just a few trips, a brake cable could snap or another important component could break down.
- Design Defect: Other ATVs were dangerous while they were still on the drawing board. Although three-wheel vehicles aren’t legal anymore, many manufacturers intentionally design unstable vehicles which place rider fun, and most importantly corporate profits, above personal safety.
Generally, these companies are strictly liable for injuries their defective products cause. Our Walnut Creek ATV accident lawyers must only prove that the product was defective and that defect substantially caused the injury.
ATV Accident Injuries
Head injuries are the most common ATV injuries. Contrary to popular myth, helmets don’t prevent all head injuries, or even most of them. Frequently, the motion of a wreck, as opposed to a trauma impact, causes a head injury. When riders fall off ATVs, their brains slam against the insides of their skulls.
ATV accidents also cause broken bones. These injuries are often so severe that doctors must use metal parts to reconstruct shattered bones. Since these efforts are so invasive, these victims usually face months of painful and expensive physical therapy.
Count on a Tough Alameda County Attorney
Injury victims are normally entitled to substantial compensation. For a free consultation with an experienced ATV accident lawyer in Walnut Creek, contact Venardi Zurada, LLP. After-hours visits are available.