Fatal Off-Road Dirt Bike Accident Provides Warning of Unsafe Property Boundary Markers


May 16, 2013

As summer approaches, your kids may be making plans for summer recreation which include riding an all-terrain vehicle (ATV) or dirt bike. While most Georgia businesses that operate tracks or off-road courses for motocross bikes or ATV's require a waiver be signed prior to using the facility, this does not necessarily insulate the company from liability when they act recklessly in maintaining the premises. Because dirt bike accidents and ATV crashes can result in serious and even permanent injuries like crushed bones, spinal cord or disc injuries, head trauma, perforation of internal organs and other debilitating injuries, it is imperative that property owners who provide facilities for such activities take reasonable steps to prevent increasing the probability of a serious accident.

A recent fatal dirt bike accident involving a 15-year-old boy in Hephzibah, GA offers a tragic example. The boy suffered fatal injuries when he collided with a metal cable that was used to mark the boundary between the facility and an adjacent property. The metal cable hit the front forks of the bike and was propelled up over the handlebars until it struck the boy in the neck and forced him to be thrown from the dirt bike. While the boy was able to walk home, his medical condition deteriorated shortly thereafter, and he died because of collapsed lungs and a crushed trachea.

While it is not clear whether the boy's parents will file a wrongful death action, this tragedy may have been easily preventable had more visible barriers been in place to mark the boundary line. When a driver of an off-road bike or ATV is moving at 35-65 mph with a helmet face shield obstructing his vision, it is hardly surprising that a rider would not see a small cable without warning signs. When reviewing the safety hazard presented by using a cable, wire, chain or rope to mark the boundaries of off-road riding facilities, the Department of Public Safety indicates, "These barriers can be difficult to see."

If your kids have been injured while riding an off-road motorcycle or ATV, he or she may be entitled to financial compensation. Because the execution of waivers is common when riders engage in these types of activities, it is imperative that you obtain legal representation promptly so that an investigation can be conducted to determine whether the property owner can be held liable notwithstanding execution of a waiver.

Why Montlick & Associates?
Choosing an experienced law firm can make all the difference in getting you the best possible outcome for your case. For over 30 years, Our Georgia personal injury lawyers at Montlick and Associates are available to provide effective legal representation to those throughout all of Georgia and the Southeast. Montlick & Associates concentrates its practice on personal injury law, providing caring and high quality legal representation. In addition to its goal of being the best personal injury law firm in Georgia, Montlick & Associates is also dedicated to giving back to the community through the firm's extensive public service programs.

The firm was recently honored by the Georgia House of Representatives for its 30 years of service, with the passing of House Resolution 394, recognizing Montlick & Associates for "the outstanding accomplishments of this distinguished firm," and "for providing efficient, effective and dedicated services to the citizens of Georgia." The firm was also named the Most Patriotic Business of 2011 by the Association of the United States Army in Atlanta for its efforts to support the troops, and its CEO David R. Montlick received a Patriotism Award in 2012 for the Southeast. To learn more about the firm's award-winning public service programs, please visit Montlick.com/CommunityService.

The experienced Georgia personal injury attorneys at Montlick and Associates are available to provide effective legal representation to clients throughout Georgia, including rural areas in the state and across the Southeast. No matter where you are located, the attorneys at Montlick & Associates are just a phone call away, and will even come to you. Call 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit online at www.montlick.com and use the firm's Free 24-hour Live Online Chat or Free Case Evaluation Form.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.