Who Is Liable If You Are Injured In An ATV Accident?
ATVs are among the most dangerous recreational vehicles currently on the market, and great care is recommended when operating one to avoid an accident. Liability for accidents involving an ATV depends on the circumstances in which the vehicle is used, whether the user is a minor or an adult, and whether the vehicle was in a reasonably safe operating condition at the time of the accident.
Liability Determination In ATV Accidents
To determine fault in any accident involving more than one person, one has to observe several factors.
- Which person had a duty of care to avoid the accident
- Whether that person breached their duty to avoid the accident
- Whether the action in question caused the accident
- Whether there was any actual harm caused by the accident
Let’s say two ATV drivers smash into each other. One is listening to music on headphones at the time of the accident. Both drivers had a duty of care. Yet, the driver listening to music may have breached that duty of care.
If that accident caused damage, then that driver likely caused the harm and could be held liable for the damages.
Comparative Negligence In Ohio ATV Accidents
There may be a circumstance where both drivers shared some responsibility for the cause of the accident. Let’s say in our previous example that one driver was distracted by music and the other driver was driving their ATV faster than is reasonable on the terrain. It may be that both drivers share some responsibility for the accident. In Ohio, the law follows the doctrine of comparative negligence in determining liability. In comparative negligence, a person may recover for damages minus the percentage of their own negligence.
Manufacturer’s Defect May Cause An ATV Accident
When there is only one driver and one ATV, it’s likely that the person driving the vehicle would be liable for any damages caused by an accident. However, there may be other circumstances that caused the accident. The ATV itself may have been the cause because of a defect in manufacturing. In that instance, the injured victim may sue the manufacturer for damages.
Contact Us For A Free Consultation
Discuss your case with an experienced attorney at The Law Offices of Arnold S. Levine, L.P.A., by scheduling a free initial consultation today. Whether you have suffered an accident injury in Cincinnati or are contacting us about a case in northern Kentucky, our accident injury lawyers are here to help. Call 513-823-3257 or send us an email.