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Our eighteen-year-old client was driving on an interstate into
the early morning sun. As he drove over a rise in the road,
he struck a car that was disabled and stopped in the middle
of the road because a 150-pound wheel and tire detached from
a tractor-trailer rig traveling in the opposite direction.
The lugs holding the tire had broken off, causing the tire
and wheel to travel across the median strip, and hit and
disable the stopped vehicle.
Awarded: $ 3.5 million
Our client an 86 year-old woman sustained an injury
after being struck by a bus. The inattentive bus driver
was warned by a passenger that the woman was crossing
in front of the bus but could not stop in time to avoid impact.
Awarded: $1,000,000
Our client was operating his motorcycle on a two-lane road
when a large box truck made a U-turn into his path of travel.
The client attempted to avoid the collision by laying his
motorcycle on its side. Unfortunately his lower leg and
ankle came in contact with the truck causing seven
fractures and soft tissue injury.
Awarded: $785,000
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Do you have legal recourse if you were injured while driving an ATV? An experienced product liability attorney can help you prove that the injuries you sustained while riding the vehicle were the direct result of its design flaws.
More than 500 riders are killed in ATV accidents each year, some obviously the victims of defective product design. Hundreds of thousands more are injured, some critically.
ATV accidents can result in critical injuries or death because:
Why Design Has an Impact on Accident Numbers
An ATV's design is based on a motorcycle model, adapted with one or two extra wheels for ground stability and heavy-tread tires for compatibility with a variety of terrains.
You'd think that vehicles with three or four wheels would be safer than those with only two, but the added road contact requires similar bulk in its vertical design. ATVs weigh more than two-wheelers. Therefore, many are top-heavy and have more wind resistance compared to more maneuverable motorcycles. Some ATV models try to compensate for weight and bulk by using slimmer tires. This combination puts riders at the highest risk for rollovers.
Government Regulations on the Use of ATVs
While states may mandate minimum driver ages and safety courses, the federal government can only issue guidelines and recalls based on factual accident data. It relies on the integrity of manufacturers to sell the right vehicle to the right rider.
This is why ATV makers have created youth models, recommended for riders ages 12 to 16. Many stipulate that riders must be physically able to reach the vehicle floor with both feet while their backs rest against the seat back. While this may mean that the machine is of adequate size to be operated, it doesn't mean that the driver has the skill to do so.
Most state laws only require safety training of youths who drive on government property, which represents just a fraction of accident sites.
A recent Yamaha Rhino utility-terrain vehicle (UTV) recall prompted by hundreds of lawsuits may set a precedent for ATV safety standards. You can stay informed of any ATV recalls or warnings via the Consumer Product Safety Commission.
Get the latest legal info from the American Bar Association's resource center, and shop around. It pays to learn a little about a model's design and track record before making a purchase.
To learn more about your rights if you are involved in an ATV accident, contact a product liability attorney at Kiley Law Group. There are NO FEES unless one of our lawyers wins your case.
The personal injury attorneys at The Kiley Law Group are dedicated to helping the victims of:
We Serve Clients Across the State of Massachusetts & Salem, New Hampshire
The firm's headquarters are in Andover, MA and serves the following cities in Massachusetts: Boston, Danvers, Haverhill, Lawrence, Lowell, Methuen, Middleton, Reading, and Salem, MA and Salem, New Hampshire.
Massachusetts personal injury lawyer, Thomas M. Kiley, is a member of the Massachusetts Bar Association and is a respected member of the American Association for Justice and the Massachusetts Academy of Trial Attorneys.
Kiley Law Group
342 North Main Street
P.O. Box 3040
Andover, MA 01810
Phone: 978-474-8670
Fax: 978.474.8946
Toll Free: 800-410-2769
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