Miami ATV Accident Attorney

All-Terrain Vehicles are 3 or 4 wheeled motorized vehicles used for off-road riding and they have gained vast popularity in the last few years. In many ways, these vehicles are ideal for recreation, rescue efforts, and quick, easy transportation in off-road areas. However, accidents occur very often. Don’t take chances with your rights after an accident on a three-wheeler.

If you or someone you know has been injured by a careless or negligent rider, getting in contact with a lawyer is the first step in reclaiming what you’ve lost. The negligent party has a legal mandate to compensate victims for their injuries. A knowledgeable attorney can help you maximize the compensation that you receive for your suffering. If you have been injured, contact a Miami ATV Accident Lawyer today.

Common Causes of ATV Accidents

  • Driving an ATV on a paved surface.
  • Riding double on an ATV that isn’t designed to carry a passenger.
  • Letting inexperienced operators ride without an experienced riding partner.
  • Riding without adult supervision.
  • Performing dangerous stunts and maneuvers.
  • Operating in unfamiliar areas or terrain.
  • Failing to observe state laws and local ordinances.

ATV Accidents in Florida

ATVs are very popular for kids and teens in South Florida and they are increasingly useful tools when hunting and camping or getting around on large farms and ranches. But the fun of riding an ATV can turn sour quickly in the event of an accident. In Florida, ATVs are an extremely popular way to explore and enjoy the outdoors. Although they are often considered toys, ATVs pose many threats for riders, so it’s important to follow safety precautions when riding.

In Florida, ATVs operated on public land must be titled, but the state does not require registration. Riders younger than 16 must wear eye protection and a helmet, and ATVs are not allowed to be operated on paved roads. That doesn’t seem like very many guidelines for a vehicle that can cause serious injury and death, so we recommend enrolling in an ATV training course to help riders understand the dangers involved. The State of Florida does require ATV manufacturers to provide training courses. ATVs, just like any other vehicle, have been known to have manufacturing defects. Many vehicles have been recalled, but that has done little to reduce the number of four-wheeler accidents, injuries and deaths caused while riding an ATV.

Who is Liable in an ATV Accident?

Do those that are injured in an ATV accident have any recourse? Most recreational vehicle accident cases turn on fault. The main issue is usually figuring out who caused the accident. If someone other than the victim caused an ATV accident, the victim can sue on the grounds of negligence by showing that the defendant

(1) had a duty to the victim,
(2) breached the duty,
(3) the breach caused the accident, and
(4) the victim sustained losses and actual damages.

However, often more than one person is at fault for an accident. In those cases, the jury will allocate a percentage of fault to each party and apportion the damages accordingly. As with car accidents and truck accidents, an ATV accident victim may be able to recover medical expenses, lost income, psychological anguish, property repairs, and pain and suffering. Where the at-fault party is covered by insurance, the accident victim may be able to recover a significant settlement, but usually not without the help of a personal injury attorney that has the experience to know how much the case is likely worth.

Compensation for ATV Product Defects

You can receive compensation for the same types of damages regardless of whether you file a personal injury claim or a product liability claim. The type of injury claim is not a factor in the value of the claim. Factors that influence the amount of compensation you receive for ATV accidents include the severity of your injury, the length of your recovery, your financial losses, and whether you suffered a permanent disability.

Damages that may be included in an ATV accident claim include:

  • Medical bills 
  • Loss of income
  • Property damage
  • Mental, physical, and emotional pain and suffering
  • Ongoing medical care
  • Future lost wages, including diminished earning capacity
  • Scarring, impairments, and disfigurement

Were you or a loved one Injured on an ATV? Here’s How Our Motor Vehicle Accident Attorneys Can Help

After an accident in which you have been injured, you should seek legal advice as soon as possible. An experienced attorney will know how to handle your case properly and protect your rights. We invite you to contact Suarez & Montero today and schedule a consultation with one of our experienced personal injury lawyers. We have represented clients throughout Florida in a wide range of cases, and we are prepared to do the same for you. The aftermath of an ATV accident can be devastating and long-lasting. If you or a loved one was injured in a four-wheeler crash, call an injury lawyer at Suarez & Montero immediately. We understand how difficult it can be to deal with personal injuries and how stressful and overwhelming it can become.

Claim and Settlement for ATV Accidents

To receive compensation for injuries in an off-road vehicle accident claim, you have the burden to prove who caused your injuries and the extent of your damages. Your best proof comes from collecting good evidence. Our legal team carefully documents your damages and losses to maximize the amount of compensation you may receive for your injury claim. You can assist us by keeping copies of all receipts and other evidence that proves your financial losses and expenses related to the accident and your injuries. Some of the most effective evidence in off-road accidents are:

  • Witness statements of the circumstances leading up to the accident, as well as what they saw and heard during the accident.
  • Proof of the driver’s age, particularly for underage drivers.
  • Photos or videos capturing images of the area where the accident occurred, evidence of drug or alcohol use, and reckless driving.
  • Accident reports from responding police or fire and rescue personnel.
  • Medical narratives from emergency room doctors directly linking your injuries to the accident, as well as your treatment and rehab records.

Hire Experienced Miami ATV Accident Attorneys for Your Case

ATV accidents can occur for many different reasons including distracted driving, mental fatigue, driving while intoxicated, poor weather conditions, etc. ATV accidents are also very common in South Florida. Understanding Florida law and a personal injury case are best left to the experts. Factors such as the state’s no-fault law when it comes to insurance and medical expenses are tricky. Navigating the legal process alone is confusing and downright stressful. When you’re involved in a train accident or another crash caused by negligent driving, talk to an accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in an ATV accident.

The accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. When you are dealing with the aftermath of a serious train or railroad accident, it is important to have experienced legal representation on your side.

At the Law Offices of Suarez & Montero Car Accident Attorneys, you are never just another file or claim to us—you are part of our family and your well- being are just as important to us as if you were our own family. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! We are available 24/7 to give you a free, no risk case consultation.

Schedule a FREE Consultation! Call 305-631-1911

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

Miami ATV Accident - Blog/News

Frequently Asked Questions

If you are injured in a ATV accident, you expect the at-fault party’s insurer to pay for your medical expenses, out-of-pocket costs, lost wages, and pain and suffering. To make sure that happens, you need to make sure you prove how you were injured and show how the other driver was negligent. Whether you decide to hire a personal injury attorney from the onset or represent yourself, here’s what you should know about how to respond after an ATV accident in order to gather essential evidence you will need to present the strongest claim possible. First, try to see if the driver who caused the accident received a ticket for failing to yield properly. If so, the police officer who issued the ticket may be willing to testify in your case if necessary. Make sure you jot down the police officer’s information. It can be important in proving negligence in your case. Next, try to find out if any nearby businesses have footage of the accident. Also, check to see if there are any cameras at the scene of the accident. For example, if the accident occurred at an intersection, then a red-light camera might have captured the wreck.

If you were in an accident involving an ATV, you might worry about how to deal with the at-fault party. The good news is that you do not need to handle your case all by yourself. The ATV accident attorneys at Suarez & Montero can absolutely deal with the insurance companies for you and protect your rights after an ATV accident.

One common reason people get in ATV accidents is a lack of appropriate training. Not understanding how the vehicle works on rough terrain, on hillsides or on paved roads can lead to a crash or rollover.