TESTIMONIALS
I called Matt after several people recommended him. He was very kind and did a very good job on my son’s case. We are very thankful for the work he did. Most importantly, he was never hard to reach and answered every question we had while going through the process. Matt is the only attorney I will ever call in the future.
- Emily
My husband is a cyclist that did not fair well against an SUV recently. Matt and his team took phenomenal care of us, allowing us not to stress out (too much) about the little things. Matt and his team handled everything with professionalism. We know we made the right call.
- Jane
So glad I hired this firm after my rearend car accident. Matt embodies the skill set and values I was looking for. He treats every case like a mini war, and was a zealous advocate on my behalf. And he did so in the most competent and skillful manner. He listened, was empathetic and understood my legal and nonlegal problems.
- Jared
It was important to me to get the maximum money I could for my broken neck and arm. After getting jerked around for months by State Farm, I interviewed several firms and chose Mr. Wetherington. I’m glad I did. He forced the insurance company to pay twenty times their last offer to me.
- Veronica
It is an honor to share my experience with Mr. Wetherington. He was able to get answers about what happened in my son’s wreck that other attorney’s were not able to do. I am so thankful for the work that he did and he was very thorough in his explanation of why the vehicle had a “defect.”
- Anonymous
My case did not settle. The person that hit me only had minimal policy limits. Fortunately, I had my own insurance, which should have provided more money. My insurance company, Allstate, treated me like garbage. We had to sue them and go all the way to trial, which we won.
- Jane Doe
Matt Wetherington is the attorney who is suing the booting companies. We need to do everything we can as a community to help him succeed. God bless you, Mr. Wetherington!
- Michael
Georgia 4-Wheeler Accident Attorney
Many people enjoy the excitement of going off-road on all-terrain vehicles. ATVs, or 4-wheelers (quads), are not truly designed for all types of terrain. This is because ATV manufacturers use unrealistic conditions when marketing their products. For example, they do not handle well on paved surfaces, hilly surfaces, or steep angles. There are other hidden dangers in operating these recreational vehicles. According to the Consumer Product Safety Commission, each year more than 100,000 people are injured on ATVs and there are about 650 deaths.
Adding to the problem of all the hidden dangers is the perceived ease of use of a 4-wheeler. It does not require the balancing skills necessary to ride dirt bikes. So, many people view quads as a small car. However, there are no roll bars are seatbelts. Quads become unstable in challenging terrain and require fine motor skills and experience to avoid flipping and rolling — which they easily do. Many people climb on for a ride without understanding just how dangerous they can be during normal riding.
What are the Common Causes of ATV Accidents?
Most ATV accidents are caused by rollovers, defective parts, or dangerous decisions made in the design of the vehicle. Although these are the most common problems, there are many other ways that riders are injured:
- Vehicle rollover
- Poorly maintained trails
- Driving on paved roads
- Operating in unfamiliar areas or terrain
- Failing to observe state laws and local ordinances
- Collisions with other ATVs or vehicles
- Exceeding the passenger limit
- Brake failure
- Tire failure
- Steering failure
- Axle failure
- Defective parts
Approximately 26% of ATV accidents involved children under 16.
Rollovers Cause Many ATV Accidents
Although manufacturers make many safety assurances, rollovers are still the most common cause of quad-related accidents. Rollovers can be frontal, side or rear and all are equally dangerous. Rollovers typically result in the rider being thrown from the vehicle and, sometimes, crushing injuries resulting from the vehicle landing on the rider. In 2014, 64% of ATV accident fatalities in single-vehicle crashes involved rollovers.
Rollovers often occur when driving on paved surfaces. They also occur when inexperienced riders encounter challenging terrains, even at reasonable speeds.
Tire Failure Also Causes ATV Accidents
Blowouts on ATVs are another common cause of injury. When a blowout occurs, drivers lose control and the quad often has a rollover. 4-wheeler blowouts are often caused by:
- Incorrect air pressure
- Improperly mounted tires
- Defective design
- Improperly mounted rims
Design Defects Contribute to ATV Accidents
ATV design defects have resulted in an extremely high number of injuries and fatalities. According to a 2018 article in Forbes, Polaris, a leading ATV manufacturer, has recalled more than 600,000 ATVs and recreational off-highway vehicles over the last 12 years. These recalls were due to fire dangers. And, in 2018, approximately 5,600 models were recalled due to problems with the throttle limiter. And, these recalls are from just one manufacturer. Other ATV manufacturers who have had recalls due to defects are:
- Honda
- Yamaha
- Kawasaki
- Suzuki
- Bombardier
- Arctic Cat
ATV Injuries
Some of the most serious injuries include:
- Traumatic brain injury (TBI)
- Permanent concussions
- Other head injuries
- Neurologic injuries
- Spinal cord injuries
- Paralysis
- Amputations
- Neck injuries
- Fractures and dislocations
- Facial injuries
- Chest and abdominal injuries
- Knee and leg injuries
- Injury to internal organs
In any type of injury, it’s important to make sure you understand all the available options to help you recover financially. Contact the experienced ATV accident injury lawyers at the Wetherington Law Firm for a free consultation. We can help.
Compensation After an ATV Accident
Since ATV accidents often have such a catastrophic impact on the victim, the related costs can be very expensive. There are many factors and expenses involved in determining damages (the monetary value) for your injury.
Establishing the correct liable party or parties depends on the details of the accident itself. Is the ATV owner responsible? Was it a manufacturing defect? Was the riding trail damaged? Discuss the details of the accident with an ATV accident lawyer to help establish who should be held liable for your 4-wheeler injury.
The types of damages you can be awarded include:
- Medical expenses
- Pain management
- Assistive devices
- Physical Therapy
- Lost wages/ Job loss
- Lost earning capacity
- Assisted living
- Home renovation
- Disfigurement
- Pain and suffering
- Emotional distress
- Disability
- Embarrassment
- Loss of quality of life
- Other injuries
For more information on how damages are determined in personal injury cases, see our Damages article. See our series of articles on personal injury law procedures if you are interested in learning more about this legal process.
Hiring an ATV Accident Lawyer
Personal injury law is complex. The only way to ensure you receive all the compensation you deserve is by hiring a lawyer to protect your rights.
Insurance company representatives are not your friends. Attempting to deal with an insurance company on your own often has disastrous results. Insurance companies hire skilled negotiators as adjusters who are very good at convincing you that they are on your side and are offering you fair compensation for your injury. This goes for both your own insurance company and the insurance company of the other party involved in your accident. Don’t fall for it.
Anything you say to an insurance company representative can be used against you later. Do not talk directly with the representatives of any insurance companies that may contact you.
Determining who is responsible for accidents is a complicated process. There are often intricate paper trails and complex legal principles involved. And, time is of the essence. Evidence can disappear and there are deadlines to meet in order to file a lawsuit.
The first step is to meet with an experienced ATV accident lawyer to discuss the facts of your case. They will help you determine the range of damages you could receive if your lawsuit is successful. Next, they will begin the process by putting their talented legal team to work. This team will:
- Investigate the details of your accident.
- Secure evidence by gathering police reports, ambulance reports, fire department reports, interviews with personnel on the scene, and photographs.
- Scrutinize medical records.
- Speak with medical experts to determine the seriousness of your injury and the extent of future medical costs.
- Hire accident experts to determine the cause of the accident and the responsible party.
- Negotiate with insurance company representatives.
Skilled legal assistance will determine the responsible party and pursue your compensation claim so you can focus on healing and moving forward in your life. We maintain the highest standards of care for our clients and do not confuse our clients with complicated legal jargon. Best of all, our representation does not cost you any out-of-pocket money. We only get paid if you receive compensation for your injury.