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Legal Issues Complicating a Potential Midway ATV Wrongful Death Lawsuit

December 01, 2013

The potential viability of a wrongful death claim is more problematic in an ATV accident when the fatality victim is the driver. Using a recent accident that occurred in Midway, NC as an example, the preliminary law enforcement report indicated that the accident was caused by the ATV operator's unsafe driving. This does not necessarily preclude recovery against the manufacturer of the ATV. If the ATV was prone to tip over or was otherwise defective, which may include a lack of appropriate safety equipment, the designer, manufacturer, distributor or retailer may be liable for resulting injuries. While the insurance company for the manufacturer of the ATV would likely argue that the rider's own negligence contributed to his injuries, this would not preclude recovery unless the jury determined that the rider was fifty percent or more at-fault. Any lessor degree of fault assigned by the jury would result in a reduction in recovery according to the rider's degree of fault.

Three Key Facts to Know About ATVs

  1. ATVs Must Comply with Strict Safety Standards - Our experienced Atlanta ATV accident attorneys are familiar with these standards and recognize the importance of analyzing whether the standards have been met when ATV injuries or fatalities occur.
  2. ATVs May Be More Dangerous Than Motorcycles - A study conducted by John Hopkins University compared the relative danger posed by riding four wheel ATVs to the risk of "extreme" sports on two wheeled off-road motorcycles. The study authors indicate that the study dispels the myth that four wheels are always safer than two.
  3. Wearing Protective Equipment Can Make a Difference - The bottom line is that safety equipment can mitigate the severity of your injuries.

Put Our Law Firm's Over 39 Years of Legal Experience to Work For Your Case

If you or a close family member is injured while riding an ATV, our Atlanta ATV accident lawyers are available to provide effective legal representation to those throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 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 us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.