All-terrain vehicles (ATVs) are popular in Florida for outdoor work and recreation, but they can be dangerous to operate. Unfortunately, according to a 2023 report from the United States Consumer Product Safety Commission, from 2018-2020, Florida had the 5th highest amount of ATV accident deaths in the country.
ATV accidents can result in severe injuries, leading to physical, emotional, and financial difficulties. However, victims may pursue compensation through a claim to address these issues. Filing a claim presents challenges such as determining liability, gathering evidence, and negotiating with insurance companies.
An experienced Florida ATV accident lawyer can take on these challenges for you, increasing your odds of being awarded the compensation you deserve.
Read on to learn more about ATV accident cases in Florida, how to file a claim, and how a lawyer can help.
Understanding ATV Accidents
Florida Statute 316.2074 describes an All-Terrain Vehicle (ATV) as a motorized off-highway recreational vehicle designed to travel on three or more non-highway tires and carry at least one person. It can be no wider than 55 inches and no heavier than 1,500 pounds.
ATVs are built to handle many different types of terrain, but accidents can happen.
Types of ATV/4-wheeler accidents include:
- Rollovers
- Obstacle collisions
- Head-on collisions
- Side impact collisions
- Overturning
- Ejections
- Submersion
Common causes of ATV accidents include:
- Speeding
- Mechanical failure
- Uneven weight distribution
- Sharp turns
- Poor visibility
- Riding on narrow trails
- Climbing areas that are too steep
- Hitting obstacles
- Operating while impaired
Statistics on ATV accidents in Florida
- Between 2018 and 2020, the U.S. Consumer Product Safety Commission (CPSC) reported 2,448 off-highway vehicle (OHV)-related deaths in the U.S.
- Florida had the fifth-highest amount of OHV-related accident deaths in the United States, accounting for 4.2% of the total.
- Of all reported OHV-related deaths between 2018 and 2020, the CPSC associates 67% with ATVs.
- Overturns and collisions were the most common accidents associated with OHV-related deaths.
Common Injuries from ATV Accidents
Most ATVs aren’t designed with safety top of mind. ATVs often lack an enclosed cabin, seatbelts, or airbags, and they’re prone to tipping over, putting accident victims at risk of more severe harm.
According to a Florida Highway Safety and Motor Vehicle report, 18% of all ATV accidents in 2022 resulted in fatal or incapacitating injuries compared to less than 1% of passenger car accidents.
Common ATV accident injuries include:
- Cuts, scrapes, and bruises
- Sprains, strains, and tears
- Fractures and broken bones
- Crushed limbs
- Head and traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Organ damage
Long-Term Effects And Rehabilitation
More severe ATV accident injuries can cause long-term or even permanent harm.
Long-term effects of ATV accident injuries include:
- Cognitive impairments
- Amputations
- Psychological trauma (PTSD, anxiety, depression, etc.)
- Partial or complete paralysis
- Scarring
- Burn injuries
- Disfigurement
- Vision loss or blindness
If you’re injured in an ATV accident, it’s essential to get medical attention as soon as possible. Doing so can prevent some long-term problems, speed up the healing process, and potentially save your life.
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Why You Need a Florida ATV Accident Lawyer
ATV and 4-wheel accidents often involve situations and laws that don’t apply to car accidents, such as consideration for whose land the accident took place on and different insurance coverage laws. As a result, hiring a specialized lawyer can lead to a more efficient and successful case.
Benefits of hiring an ATV accident lawyer may include:
- Expertise in Florida ATV laws and regulations
- Efficient investigation and evidence-gathering
- Effective negotiation with insurance companies
- Professional court representation
- Help negotiating medical bills
An attorney provides a world of difference when it comes to navigating the legal process. They can help you evaluate your case and come up with the strategy that gets you the best outcome while also:
- Providing legal advice and guidance through the entire process
- Negotiating with opposing parties in your stead
- Taking care of tasks like evidence gathering, documentation, and filing
- Representing you if your case goes to court
The more complex your case or the more badly injured you were, the more important it is to have an experienced, specialized lawyer like the experts at Florin|Roebig. Our attorneys have won an average of more than $1 million in compensation per case and have set compensation records across Florida. Reach out today for a free case review.
Determining Liability in ATV Accidents
Liability describes who’s legally responsible for compensating the victim of an accident. In ATV accident cases, it can be tricky to determine who is liable, especially since several parties may be.
- ATV Operators: The operator of the ATV may be liable if their actions were careless or reckless, like if they were operating the vehicle under the influence of alcohol or drugs, speeding, or ignoring safety protocols.
- ATV Manufacturers: Manufacturers may be liable if the accident was caused by a defect in the ATV’s design, manufacturing, or labeling, leading to issues like faulty brakes or poor safety warnings.
- Other Drivers or Riders: If the accident involved a collision with another ATV or vehicle, the other driver may be liable. They may have been driving carelessly, ignoring trail rules, etc.
- Landowners or Property Managers: Landowners, property managers, or government agencies may be liable if unsafe conditions like poorly maintained land or insufficient hazard warnings caused the accident.
In most cases, an ATV accident lawyer will try to prove that someone was negligent—that is, that they failed to take proper care while doing something, which directly contributed to the accident.
To Gather And Present Evidence For Liability:
- Take photos and videos at the accident scene, including property conditions
- Collect witness contact information and statements
- Get a copy of the police or accident report
- Gather all related medical records (hospital reports, diagnostic results, etc.)
- Have the ATV checked by a qualified mechanic or accident reconstructionist for any issues
You may need to do much more depending on the specifics of your case. A lawyer will help you properly collect, document, and present your evidence to support your claims and establish that the responsible parties are liable.
Filing an ATV Accident Claim in Florida
Filing a claim for your ATV accident case in Florida generally involves the following steps.
- Get medical treatment immediately if needed
- Gather evidence
- Notify your insurance company that you were in an accident
- Seek legal advice from an accident lawyer
- Prepare and file your claim with supporting evidence
- Negotiate your compensation with insurance companies or other parties
- If you can’t agree on a fair compensation amount, file a lawsuit
- If necessary, go to trial
Your lawyer will help you through the claim-filing process, including claim and evidence preparation, negotiation for compensation filing a lawsuit, and representing you in the rare event that your lawsuit goes to trial.
Legal procedures and timelines to be aware of include:
- Seek medical attention immediately; waiting can make opposing parties question the seriousness of your injuries.
- Make sure you report your accident to the police and your insurance company as soon as possible—within 24-48 hrs.
- Be aware of the statute of limitations in Florida (two years in most cases), which determines how long you have to file a lawsuit.
Settlements often take between a few weeks to several months and lawsuits often take longer—up to a few years, especially if it goes to trial.
Types of Compensation in ATV Accident Cases
In a court case, an ATV accident victim’s total compensation will come from damages—different losses the victim suffered as a result of the defendant’s actions. These damages usually exist to compensate the victim for monetary or emotional losses.
Common compensatory damages include:
- Medical expenses
- Lost wages
- Property damage
- Other expenses like hiring help during recovery
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium (loss of intimacy)
- Future expenses related to injuries
In cases where the defendant showed a reckless disregard for the safety of others (gross negligence) or seemed to intentionally harm the victim, the court may also award an ATV accident victim punitive damages. These exist to punish the defendant for their behavior and discourage others from doing the same.
Factors That Influence the Amount of Compensation
Compensation amounts for ATV accidents in Florida can vary widely, especially since Florida personal injury courts generally don’t limit the amount someone can sue for.
Factors that may influence compensation include:
- Seriousness of injuries
- Medical costs
- Lost wages (influenced by earnings before the accident)
- Amount of pain and suffering and impact on quality of life
- Percentage of fault the defendant shares
- The defendant’s insurance policy limits
- The skill of the lawyer representing you in negotiations or court
Challenges in ATV Accident Cases
The victims of ATV accident cases in Florida often come up against legal challenges that may be especially hard to overcome.
Common legal challenges include:
- Proving liability: It can be hard to prove who’s liable for an ATV accident, especially since so many parties may be involved, but working with an experienced specialized lawyer can help you gather the evidence and expert testimony you need to determine who is liable and build a strong case to prove it.
- Dealing with insurance companies: Opposing insurance companies will try to pay out as little as possible by arguing that your injuries weren’t that serious or that you’re partially or completely to blame for the accident. Careful documentation of your medical records and strong evidence along with expert negotiation by an attorney can help resolve this problem.
- Establishing your damages: Your ATV accident likely impacted you in ways you didn’t think to account for or didn’t know you could be compensated for, potentially setting you up for less compensation than you deserve, but a good lawyer knows what damages to account for and what evidence you need to prove your losses.
- Handling comparative negligence: Florida courts follow the rule of comparative negligence, which means more than one person can be at fault for an accident. If you’re partially at fault, your percentage of fault will reduce how much compensation you receive. An experienced lawyer can argue against any claims of shared fault and gather the evidence you need to back up their arguments.
Having won their clients over $1 billion in total compensation, Florin|Roebig’s lawyers are dedicated to getting their clients a payment that will truly help. Reach out today for a free case review.
Frequently Asked Questions
How long do I have to file a claim after an ATV accident in Florida?
You generally have 2 years to file a personal injury claim in Florida courts, but rare exceptions can apply. Talk to your lawyer to make sure you don’t miss any deadlines.
Will my ATV accident claim be covered by insurance?
You’ll need to check your policy to see if you’re covered by insurance. ATVs aren’t required to be insured with PIP or PDL coverage. A lawyer can help you explore your compensation options, including filing a claim against an at-fault party.
Do I need a lawyer for my Florida ATV accident claim?
Technically, no. However, hiring a specialized ATV accident lawyer can increase your chances of filing a successful claim. The more complicated your case or the more severe your injuries and other losses, the more important it is to hire a lawyer.
Choosing the Right Florida ATV Accident Lawyer
Finding the right attorney to represent you in your ATV accident case can be as difficult as it is important.
Consider these key factors when choosing a lawyer:
- Experience: Is this lawyer experienced not just in personal injury, but in ATV accidents or similar cases? Are they well-versed in Florida law? Do they have trial experience? Do they have a track record of winning for clients like you?
- Reputation: Does the lawyer have positive client reviews and testimonials? If not, can they refer you to past clients? Have they won any awards in their industry?
- Accessibility: Is it easy to get a hold of this lawyer and to communicate with them?
- Resources: Does this attorney have a strong support team (paralegals, other lawyers, expert witnesses, etc.) to help them do a better, more efficient job?
- Fees: Is this lawyer transparent about how much you’ll be charged? Do they work on a contingency basis? Is the percentage they take reasonable?
Questions to ask during your initial consultation:
- What’s your experience with ATV accident cases?
- What’s your initial assessment of my case? What challenges might come up?
- What will it take to build a strong case?
- What are your fees and how are they structured?
- How will we communicate?
For cases like ATV accident injuries where the laws and circumstances differ from typical car accident cases, it’s especially important to find a Florida lawyer with experience handling cases like yours. Florin|Roebig’s attorneys have experience with many different types of personal injury cases and a deep understanding of Florida law.
Additional Resources and Support
After an ATV accident, your world can change drastically. Below are some organizations, support groups, and other resources that may help.
Helpful ATV accident resources:
- Florida Highway Patrol Victims’ Advocates
- National Highway Traffic Safety Administration (NHTSA) programs
- Consumer Product Safety Commission (CPSC)
- ATV safety organizations
- Local ATV safety courses
- Local accident victim service centers
- Online forums and support groups
- Counseling services
- Crisis hotlines
Useful websites and articles:
- ATV Safety Institute
- Consumer Product Safety Commission
- Florida Highway Safety and Motor Vehicles – Off-Highway and All-Terrain Vehicles
- Florida Highway Safety and Motor Vehicles – Victim Advocates
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Contact Florin|Roebig ATV Accident Lawyers
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you
Finding strong legal representation for your ATV/4-wheeler accident case can be essential to getting enough compensation to cover all of your accident-related expenses. Don’t leave money or justice on the table. For the best chances of a successful outcome, seek professional help.
The legal experts at Florin|Roebig are standing by to help you win compensation for your Florida ATV accident case. Schedule a confidential, free consultation today to discuss your legal rights.
