NJ Lawyers for Motorbike & All Terrain Vehicle Accident Injuries
Dirt bikes and ATVs, or all-terrain vehicles, are enjoyable for individuals of all ages. Unfortunately, these vehicles can also be very dangerous. Dirt bike and ATV accidents often lead to serious injuries, paralysis, or even death. In fact, the risk of injury and death posed by all-terrain vehicles and dirt bikes is one reason why New Jersey imposes restrictions on the use of these devices by minors, as well as restrictions on the use of these vehicles by anyone in New Jersey State Parks and Forests. Despite the special laws and restrictions, however, ATV and dirt bike accidents in New Jersey are at an all-time high.
If you or a loved one suffered an injury in an accident arising from the use of a dirt bike or ATV, contact our New Jersey personal injury lawyers for immediate assistance. Our attorneys represent individuals who have been injured on a dirt bike or ATV in all New Jersey areas, including in Monmouth County, Ocean County, Atlantic County, Mercer County, and Middlesex County. Our lawyers will meet with you, discuss all your potential options, and help you determine the best course of action moving forward. While diligently handling your ATV or dirt bike accident case, we will send investigators to inspect the accident scene, take statements from witnesses who were present at the time of the accident, and formulate the most comprehensive claim for compensation. We can be reached anytime online or by calling 732-825-6120 to provide you with a free consultation.
Types of Dirt Bike and ATV Accidents in New Jersey
A dirt bike is a type of motorcycle that can be driven on rough terrain like trails, dirt roads, and other kinds of roads that have not been surfaced. The bikes often come with specialized tires that provide additional traction and make them suitable for off-road driving. An ATV, or all-terrain vehicle, is a motorized off-highway vehicle designed for use on large, low-pressure tires. Like dirt bikes, all-terrain vehicles are commonly used on dirt roads and wooded trails.
The fact that these machines are often driven in remote areas that are far from main roads means that emergency medical responders may struggle to get to the accident scene and treat the victim for injuries. These injuries can include broken bones, crush injuries, spinal cord damage, brain damage, or worse. Beyond that, the road to physical recovery after a dirt bike or all-terrain vehicle accident can be long and exhausting. A knowledgeable NJ dirt bike and ATV accident attorney can go over the details of your case and help you get the compensation you need, want, and deserve. The legal approach and strategy in your case will likely be determined by the circumstances of the accident, the identity of the defendant, and the type of claim that needs to be filed.
Product Liability Claims for Dirt Bike or ATV Accidents
Dirt bike and ATV injuries can happen for any number of reasons. Sometimes, the manufacturer, distributor, or designer of the dirt bike or ATV is responsible for the accident because the company failed to properly design the dirt bike/ATV or failed to warn of a specific danger associated with the vehicle. The product defect may involve the manufacture, the design, or the labeling on the product. This can give rise to what is known as a product liability action. The plaintiff in these types of cases seeks to hold the manufacturer of the product (e.g., the dirt bike or ATV) responsible for the harm that was caused by a defect with the vehicle.
It is common for some ATV and dirt bikes to be modified so that they run faster, especially when the vehicles are being used in races or extreme sports competitions. Depending on the nature of those modifications, the manufacturer of a part used on the bike may also be liable for a dirt bike accident. Of course, it is also possible that the alteration to the dirt bike or ATV will limit the manufacturer’s liability, especially if the defendant can place the blame for the accident on the rider. That is why you need an experienced product liability attorney on your side throughout the legal process.
Premises Liability Claims for Dirt Bike or ATV Accident Injuries
If the riding area or facility in which the injured person was riding had an unsafe condition, the owner of the riding area may be liable for any injuries sustained as a result of the dangerous or unsafe condition. The owner of the premises may also be liable for any injuries which occur as a result of inadequate staff or insufficient supervision of the riding area. An example of this would be the failure to have the proper personnel on the track to alert other riders of potential dangers. Riders are typically alerted to a dangerous condition on the track by individuals positioned throughout the track with various colored flags. If danger is present, those “flaggers” are supposed to waive a colored flag to alert the other riders of the potential hazard. When the track fails to ensure the presence of the proper flaggers or other safety measures, riders can suffer serious injuries and the track owners may be legally responsible.
Dirt Bike or ATV Accidents Caused by Negligent Riders
Some dirt bike or all-terrain vehicle accidents are caused by the riders themselves. For instance, you may have been on your dirt bike when another rider crashed into you. If the other rider was operating their bike in a reckless or negligent manner, such as traveling at a dangerously high rate of speed or riskily turning a corner too fast and without looking, then that rider may be liable for your injuries. However, proving negligence in these kinds of cases is not always easy. That’s because the defendant may argue that your use of an ATV or dirt bike came with an assumption of risk, which means that you may need to prove that the defendant’s recklessness went far enough to create an unreasonable risk of injury to others.
ATV and Dirt Bike Accidents Involving Minors
If your child was injured while riding their ATV or dirt bike, you may be able to file a civil lawsuit and get compensation to cover medical bills and related expenses. It is important, however, that your son or daughter was obeying the law while using the machine. New Jersey law imposes heightened requirements on juveniles who want to ride an all-terrain vehicle or dirt bike. For instance, no one under the age of 14 is allowed to operate an ATV or dirt bike. Additionally, anyone who is not yet 18 years old must enroll in an ATV Safety Institute course and obtain a safety certificate before using the vehicle. Failure to follow the law could potentially impact your child’s ability to win a personal injury lawsuit after being hurt in an ATV or dirt bike accident. You should speak with an experienced NJ dirt bike accident lawyer who understands the legal requirements and who can help you determine how to best proceed with your case.
Contact NJ Dirt Bike Injury Attorney for Help with Your Case
Regardless of how your ATV or dirt bike accident injury occurred, it is important for you to have someone on your side as you navigate the legal process and seek compensation. Contact our New Jersey personal injury law firm today for assistance with your NJ dirt bike accident case. Call 732-825-6120 or schedule a free initial consultation by contacting us online now.