South Florida Injury Lawyer Blawg
While ATVs are typically used for recreational purposes, they also pose many dangers. If you have been hurt in an ATV accident either because of negligence or a malfunction, we can help. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys will make sure your rights are protected and you get the full and fair compensation you need to move on with your life.
A 6-year-old boy was killed earlier this month in an all-terrain vehicle (ATV) accident. According to the local Sheriff’s Office, deputies answered a call for help in Lankland. The boy’s family had brought him to the Polk County Fire Rescue Station. He was flown to the Tampa General Hospital where he subsequently died from his injuries.
The little boy was a passenger on a side-by-side ATV being driven by his 8-year-old brother. Another one of their brothers, aged 10, was following closely behind on another ATV. The two vehicles were headed down on a dirt track, which was routinely used for ATV riding and activities. At some point, the right side of the ATV on which the 6-year-old boy was riding hit a dirt mound, which sent the vehicle to the left where it hit another dirt mound before eventually tipping onto its side. The little boy was thrown off the ATV, which landed on top of him and caused severe head injuries since he was not wearing a helmet at the time.
Under Florida law, ATVs are not allowed to be used on paved roads. In addition, Florida law forbids carrying passengers on most ATVs, requires anyone below the age of 16 to take an approved ATV training course, and states that anyone under the age of 16 must wear certain protective gear such as helmets, eyewear and over-the-ankle boots. These protections, however, only apply to public land, which means that kids are essentially free to do whatever they want on private property.
When a child sustains an injury in an ATV accident, he or she may be able to recover compensation from the adult who wrongfully allowed the child to use the vehicle. Giving a child even supervised access to an ATV without the consent of the parents can lead to issues of liability. Many ATV accidents are caused by the negligence of an ATV driver or operator. To show negligence in an ATV collision case, a victim must establish that:
- The defendant had a duty of care to act how a reasonable and prudent person would have acted under the same or similar circumstances;
- The defendant breached the duty of care by being careless;
- The defendant’s breach was a proximate cause of the wreck; and
- The plaintiff suffered bodily harm or property damage as a result.
Every year in Florida, ATV rollover accidents cause serious injury and even death. If you or your loved one has been injured in an ATV accident, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our experienced Miami wrongful death attorneys are committed to providing meticulous and fearless representation throughout the entire legal process. Call us at 1-877-499-HURT (4878) or reach out to us online.
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