A quad bike, or all-terrain vehicle (ATV), is a motorized vehicle with three to four wheels that weighs about a quarter-ton. Many quad accidents are either the fault of equipment failure or operator error.
What Injuries Are Caused By Quad Accidents?
Quad injuries can range from minor injuries to death, including:
- Traumatic brain injury (TBI)
- Neck injury
- Spinal cord injury
- Chest injury
Am I at Fault If Equipment Failure Caused My Accident?
No. In most situations, equipment failure falls under the category of a defective product. A defective product is any product that causes an injury to an individual because of:
- Faulty labeling
- Design defect
- Manufacturing defect
If one of the above is the cause of the quad accident, a manufacturer, distributor, designer, or retailer may be the one at fault.
What Do I Need to Prove to Win a Defective Product Claim?
A plaintiff has to prove three things to win a defective product lawsuit:
- The product was unreasonably dangerous
- The defect caused the plaintiff an injury while using it in the correct manner
- The product has not been changed substantially from the way it was sold
What If My Quad Accident Was Caused by Another Driver?
A quad accident caused by another driver is often the result of negligence, which is a personal injury theory. Negligence is the failure to use care an ordinary person would in the same or similar circumstances.
What Will I Have to Prove to Win a Negligence Claim?
A plaintiff must prove four elements to win a quad accident negligence claim:
- Duty: The defendant had a duty to protect the plaintiff from harm
- Breach of Duty: The defendant breached their duty to the plaintiff
- Cause: The defendant was the actual and proximate cause of the quad accident
- Damages: The plaintiff suffered injuries that they deserve to be compensated for
Do I Need a Lawyer for My Quad Accident?
Talk to a personal injury lawyer if you were in quad accident. The lawyer will explain your legal remedies and how to proceed with your case.