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Are Defective ATVs To Blame for Accidents?

Posted by Jeremy Rosenthal | Aug 12, 2020 | 0 Comments

Many people in Colorado enjoy using all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) on open lands across the state. Most users can safely operate ATVs and UTVs in a variety of environments. While many riders have had falls or close calls, not all ATV accidents are caused by the rider. Problems with the machines themselves may be partly to blame for accidents. 

People Blame Riders Instead of Defective Vehicles

When a vehicle has a defective floor mat that interferes with the acceleration and braking, people understand that a product defect is to blame for the accident. When faulty airbags deploy prematurely, causing accidents, the vehicles are recalled because of the defect. When a defective ATV causes an accident, the public blames the rider. 

In a product defect lawsuit, the product manufacturer can be held strictly liable for any injuries caused by a defective design, manufacturing defect, or failure to warn of unknown dangers. Some of the cost-cutting measures by ATV companies have resulted in manufacturing defects that put consumers at risk of an injury. Many ATVs have been subject to recalls over the years for defects, including Honda, Polaris, and Yamaha.

ATV companies have also failed to fix design defects or properly warn ATV buyers about some of the rollover risks of ATVs and safety limitations. When a rider is injured because of the company's negligence, the rider should be able to claim compensation for their injuries. This not only helps provide for the injury victim but can also help prevent others from suffering the same types of unnecessary injuries. 

10-Year-Old Killed in Boulder ATV Accident

In September, 911 dispatchers responded to a call about a 10-year-old boy who was injured in an ATV accident in Boulder County. Emergency responders arrived to attend to the boy but he died of his injuries. According to the sheriff's office, the boy was riding the ATV around with 4 other kids when the vehicle tipped over in a field. 

Grand Lake ATV Rider Suffers Fatal Accident

Also in September, a woman was out riding an ATV off a trail near Grand Lake, just northwest of Boulder. The 26-year-old went off the trail, down an embankment for about 160 feet before hitting a tree. She was found dead at the scene of the accident. It was unclear what caused the rider to go off the trail. 

Only about a month later, a 59-year-old man died in an ATV accident in the same county. 

ATV Rollover Accident Can Cost Tens of Thousands

A woman in Evans, Colorado has had to take to crowdfunding to help pay for her medical bills after an ATV accident. In September, a Colorado mother was out riding ATVs with her family in Larimer County. When cornering, the ATV skidded and she fell off, with the ATV landing on her left arm

According to the rider, her arm was twisted and bleeding and her hand was turned the wrong way. She was airlifted to the hospital and her hand had to be amputated. After four surgeries and a long hospital stay, the woman is expecting a hefty bill. The family started a GoFundMe account but she says she expects to have to file bankruptcy because there is no way they will be able to cover the costs of the accident. 

Accident After ATV Malfunction 

If an ATV defect or defective part caused an accident, the ATV company should be held liable for their negligence. If you or a loved one was injured in an ATV accident in Colorado, please do not hesitate to contact today at 303-642-8888 for a free consultation.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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