ATV and Dirt Bike Accidents Involving Minors

If you choose to allow a minor child to ride a dirt bike or ATV in Massachusetts or any of the surrounding New England states, it’s very important that you familiarize yourself with all necessary safety precautions.

Check the recommended age range for the vehicles you’re considering allowing minors to ride, and don’t allow any child under the minimum age to ride the vehicle in any capacity, even as a passenger (unless relevant guidelines and regulations permit doing so). You must also ensure that your children abide by all requirements pertaining to helmet usage, protective gear, and other such factors.

Be aware, however, that activities associated with these vehicles may be extremely hazardous, especially for children, regardless of how the product is marketed or sold. Even if you take the proper precautions, it is possible for your child to be injured in a dirt bike or ATV accident potentially resulting from the negligence of another party, or a product defect. In these circumstances, you may be eligible for compensation for your child’s medical bills and related losses.

In some cases, proving negligence isn’t even necessary to recover compensation. For example, if your child was injured due to a defect, then you only need to prove that said defect or dangerous quality of the product caused their injuries. You don’t need to prove that the defect or dangerous element was a result of negligence.

Regardless, understanding potential legal options should your child be injured in an ATV or dirt bike accident is imperative. It’s also wise to consider enlisting the help of a professional to seek compensation should you decide to file a claim or lawsuit.

Common Injuries Children May Sustain in Dirt Bike or ATV Accidents

Injuries involving dirt bikes or ATVs can take many forms. As such, the types of injuries that minor children may sustain in these accidents can vary.

Examples of injuries resulting from dirt bike or ATV accidents include:

• Bone fractures
• Scrapes and abrasions
• Concussions and other head or brain injuries
• Spinal cord injuries
• Burns
• Death

The severity of a child’s injuries is one factor that could influence the amount of compensation that may be available in future proceedings. If your child has been injured, be sure to document their medical bills and related financial losses, as said documentation may serve as important evidence later on.

Potential Liable Parties When a Minor Child Is Injured in a Dirt Bike or ATV Accident

Before you can file a claim or lawsuit after a child’s accident on a dirt bike or ATV, you need to know who may be liable. This can vary depending on the circumstances.

For example, if your child was injured due to a defect in the vehicle itself, the vehicle’s manufacturers or designers may be liable. You would file a claim with their insurance company accordingly. If the insurance company denies liability or refuses to offer a fair settlement, you can sue and seek damages in court.

However, maybe the vehicle itself was in good condition and your child was operating it responsibly. Despite this, perhaps they were injured because those responsible for maintaining the course on which they were riding overlooked hazardous conditions or failed to warn of said hazardous conditions. Or maybe your child wasn’t being properly supervised in an environment where they should have been. In these cases, those responsible for overlooking hazards or failing to provide necessary supervision may be liable.

Determining liability and gathering evidence to prove your child was injured because someone else was careless may require conducting an investigation. This is just one way in which a Boston personal injury lawyer with experience handling child injury cases can assist you during this time.

Contact Swartz & Swartz, P.C.

At Swartz & Swartz, P.C., we’re prepared to evaluate your case, answer your questions, and provide aggressive representation for you and your child should you decide to work with us.

Get started today by calling us at (617) 742-1900 or contacting us online to set up your free consultation.

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