Many people in Alabama enjoy being outdoors. One of the most popular outdoor hobbies is the use of recreational all-terrain vehicles (ATVs), but it takes just one accident to turn an enjoyable hobby into a personal nightmare. The Union Springs and Montgomery ATV accident lawyers at Jinks, Crow & Dickson, P.C. have more than 30 years of experience helping injured clients, including ATV riders, throughout Central Alabama. If you have been hurt in an ATV accident as a result of someone else’s carelessness or a defective product, Jinks, Crow & Dickson can help you seek compensation for your injuries.
ATVs Can Be Dangerous
Because of the popularity of ATVs, especially in Alabama, it is no surprise that they are the source of many injuries. Between 1982 and 2011, more than 12,000 Americans died in ATV-related accidents, according to the U.S. Consumer Products Safety Commission. The majority of emergency room-treated injuries in 2011 from ATV accidents affected the shoulder, head, or neck. If you or a family member has been injured or a loved one has been killed in an ATV accident, it is in your best interest to speak with an experienced attorney.
The Law Protects Injured Consumers
An ATV accident can have many horrible consequences: huge hospital bills, time away from work, permanent disability, and mental anguish are just a few. Filing a lawsuit to recover these damages can be done under a number of legal theories, depending primarily on the circumstances of the accident. One possibility is to file a personal injury lawsuit alleging that the negligence of another person, like a fellow ATV rider, caused the accident and subsequent injury. If the cause of the accident was a defect in the ATV or one of its components (a tire, for example) an injured person could file a products liability claim under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). There are additional claims available to injured ATV riders, and an experienced attorney can help you determine the best course of action for your particular case.
Because Alabama follows the rule of joint and several liability, if more than one person or entity shares culpability for your injury, any one defendant can be made to pay full damages. This means that if, for example, an ATV manufacturer and a tire manufacturer were both partly responsible for the injury, either or both could be made to pay the entire verdict.
There are two types of damages available to people who bring a lawsuit alleging an ATV injury. Compensatory damages are designed to compensate people for their injury and the costs associated with it in cases of negligence or products liability. Punitive damages are available in certain cases that warrant punishing the defendant. Family members who bring a lawsuit in Alabama on behalf of a deceased loved one are entitled only to punitive damages. Remember that Alabama has a two-year statute of limitations for most lawsuits of this type, meaning that plaintiffs must file a lawsuit no later than two years from the date of the injury or the date of death.
Contact Experienced ATV Attorneys
If you or a loved one has been injured in an accident involving an ATV, you may be entitled to compensation. The experienced Union Springs ATV accident attorneys at Jinks, Crow & Dickson know Alabama law and understand your rights. No matter what part of Alabama you are from, call 334-738-4225 or contact us online for a free case evaluation from one of our knowledgeable attorneys.