Liability After a Fatal ATV Accident in Clarksburg
There are many factors that can lead to a fatal ATV crash and the death of a loved one. In many cases, the victim is not at fault and a Clarksburg fatal ATV accident claim becomes necessary to recover the damages and losses your family faces following this tragic event.
Fatalities from Striking a Pole or Tree in an ATV
Striking another object such as a pole or a tree is one of the most common types of fatal ATV crash in West Virginia. Because ATVs are often unstable, passengers are at a greater risk of being thrown from the vehicle as they lack the restraints and enclosed area that a passenger vehicle offers.
A West Virginia wrongful death claim can arise when a victim is killed while riding on an ATV that strikes a pole, tree or other fixed object. The lack of protection from ejection from the vehicle is what often contributes to serious or fatal injury. Even with a helmet and proper riding gear, serious injury to the head, neck and spine can result in traumatic brain injury and paralysis, if not death.
Liability in a Clarksburg Wrongful Death Claim for a Fatal ATV Crash
When you are a passenger on another’s ATV you run the risk of severe injury and potential death if you are involved in an accident where you strike a pole or tree. A family may be eligible to file a West Virginia wrongful death claim if their loved one was a passenger on another person’s ATV. If they can prove driver negligence led to the accident, they may be able to hold the driver liable for the death.
It is not always driver negligence that results in a fatal ATV crash with a pole or tree. In many cases, the ATV itself is to blame for a fatal ATV crash due to manufacturer errors. Defective ATV models should be announced as soon as the flaw is detected and a repair or recall program developed to fix the problem. If the ATV company does not act quickly enough and put effort into contacting ATV owners, the defect may pose serious safety risks.
To determine what caused the fatal ATV crash that cost you the life of your loved one you may need the help of a Clarksburg personal injury attorney. To file a West Virginia wrongful death claim you will need evidence that the fatal ATV crash was caused by the negligence of another. Your attorney can help you review your claim and develop your case for damages and losses.
Contacting a Clarksburg Fatal ATV Accident Attorney
Recreation opportunities abound in West Virginia, but ATV riding can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else’s negligence, don’t hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.