The death of a child is a tragedy for everyone, yet when it comes to accidents, insurance adjusters may be sympathetic, but no more understanding when it comes to a claim involving a child and an ATV. For this and many other reasons, you should not try to handle a fatal ATV accident case on your own.
For starters, staggering ATV accident statistics already paint a dismal picture of this dangerous sport. Auto insurance companies and attorney’s are likely to take the known risks into account when assessing claims and cases. The National Electronic Injury Surveillance System (NEISS) recorded 2,045,400 ATV injuries between 1985-2008. While these injuries were reported by emergency rooms across America, millions more go unreported. Next, the average ATV crash does not result in death. However, according to the NEISS, 10,360 people lost their lives in ATV crashes between 1985-2008. Many of them, a disturbing 17-40 percent (depending on the year), were underage.
If your son or daughter was underage or otherwise violated local laws for participating in such an activity, there could be a liability issue and any settlement would be reduced by the percentage of your son’s fault. The proprietors of the track may be liable for certain ATV deaths, including your child’s, or a defect(i.e. faulty design, wheel failure) in the vehicle may place responsibility on the manufacturer. If the vehicle was recently maintained or repaired, but any aspect of that repair contributed to or caused the accident, the mechanic could also be held liable
ATV accidents that result in injuries can be complicated, but ATV deaths, possibly resulting from negligence, pose an incredible challenge. This is a complex matter and there are no automatic answers. However, a wrongful death action can be filed naming many potential defendants. See an experienced attorney immediately.