ATV/Utility Vehicle Accidents

Florida's many miles of beaches, golf courses, and off-roading locations provide endless entertainment for residents and visitors. Unfortunately, it is not uncommon for people to drink and drive utility vehicles or all-terrain vehicles (ATVs), or to be completely distracted while enjoying themselves off-road. It is also not uncommon for utility vehicles to be designed inappropriately or manufactured with defects. As a result, utility vehicle collisions and rollovers, as well as golf cart crashes, are common. Although the usual street traffic laws do not apply in this context, the principles of negligence do. The attorneys of the Dean Law Firm represent clients who have been injured in ATV accidents in local areas including Crystal River and Ocala.

A plaintiff trying to establish negligence must show that the defendant had a duty of care, that the defendant breached this duty, that the breach caused the injuries at issue, and that the injuries resulted in damages. Like drivers on the road, people who operate ATVs or utility vehicles have a duty to use reasonable care towards other drivers and pedestrians.

Some situations in which it is easier to establish these elements occur when one or more drivers are inexperienced, when there are too many riders in the ATV or utility vehicle, when speeding is involved, and when alcohol has been consumed. Often a combination of these factors will cause the crash. If an inexperienced driver has been drinking with friends and then drives a golf cart at 50 mph that strikes other golfers, for example, it is likely that this driver will be found to have been negligent.

When you use a consumer product as the manufacturer intends you to use it, you can expect not to be injured. If the item does hurt you, then you can file a lawsuit without proving negligence or fault. Instead, the legal theory of strict liability may help you hold the manufacturer responsible for your injuries.

For example, a vehicle may hurt you due to a manufacturing defect or a defective design. A manufacturing defect generally affects a single product or a limited number of products. If a brake is made too thin and wears down very quickly, for instance, this is likely to be a manufacturing defect. A defective design means that there is something inherently wrong with how the product was designed such that all the products in one line are affected. For example, a model of utility vehicle that is more susceptible to rollover has potentially been defectively designed. Other product liability theories may also apply to your injury case, including negligence, breach of warranty, and failure to warn.

If you or someone you love was harmed in a utility vehicle crash in Marion, Sumter, Lake, Citrus, or Levy County, you may have grounds for a lawsuit. It can be difficult to know what caused an accident, such as whether it was a defect in the vehicle or driver negligence. An experienced injury lawyer at the Dean Law Firm in Ocala can retain an expert to offer opinions about causation and other aspects of accident reconstruction. We offer a free initial consultation to discuss your case, and accept all personal injury claims on a contingency fee basis. You will not pay our attorneys' fees unless we are successful in your case. Call us at 352-387-8700 or contact us via our online form.