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The Dangers of ATV

ATVs, also known as all-terrain vehicles, are used both for labor and recreation, especially in farming and off-roading. But because of the diverse use of ATVs, many people utilize them, and therefore many people are also at risk of ATV accidents.

Injuries

ATV accidents may involve enough force to cause injury or death. The most common injuries involve the brain, such as concussions and severe brain traumas. These can be sustained from hitting the head on a hard surface, like a boulder, or getting hit in the head by a projectile or the ATV itself. Below are some of the other injuries you can sustain in ATV accidents:

  • Broken bone
  • Chest injury, particularly in the ribs
  • Dislocation
  • Neck and back injury
  • Spinal cord injury, including paralysis

Legal Issues

According to the website of Habush Habush & Rottier S.C. ®, those who have been hurt in an ATV accident may have legal options. This is especially true if the accident involves negligence or recklessness from a third party.
Typically, this third party is the ATV driver while the victim is a passenger or a passerby. But it is not uncommon for ATV designers and manufacturers to be held liable as well because of inherently dangerous designs, use of poor materials, and use of incompetent manufacturing processes and techniques.

Safety Tips

Not because you have legal options it already means that you can be reckless. You can still be at fault especially if you are the one who is negligent or reckless. For example, if you are under the influence of alcohol, illicit drugs, or impairing medication, you are putting yourself in danger if you decide to ride an ATV.
ATV safety is not complicated. In fact, you can stay safe by using your common sense. Below are some of the things you can do to minimize the risk of ATV accidents. They are arranged in chronological order.

  • Get ATV training
  • Wear the right gears before riding
  • Bring a communications device
  • Check the ATV for defects
  • Don’t take passengers
  • Don’t ride alone
  • Avoid reckless behaviors, such as speeding and abrupt turning

Cell Phone Use – The Rising Cause of Pedestrian Injuries and Deaths

Walking has tremendous health benefits; this is the reason why, in 2013, at least four million Americans said they preferred to walk to the office, while 860,000 said they rode a bike. A report from the Governor’s Highway Safety Association (GHSA) on the number of pedestrians killed in traffic says, however, that there has been a six percent increase in the number of fatal accidents involving pedestrians during the first six months of 2015 as compared with the same period of the previous year: from 2,232 – 2,368.

While cars are now more crashworthy compared to 10 years ago due to the safety features these are now equipped with, these features protect drivers and passengers during a crash. Pedestrians, on the other, hand remain vulnerable and, with the rise in U.S. pedestrian fatalities, pedestrian safety continues to be a problem across the country.

The GHSA identifies the increase in the number of:

  • Americans walking for health;
  • Motor vehicle traveling;
  • Miles traveled by motor vehicles;
  • Alcohol-impaired drivers and pedestrians; and,
  • Pedestrians and drivers who are more engrossed in using their cell phone while walking or driving, respectively.

Based on a study made by Virginia Tech Transportation Institute (VTTI) researchers on accidents involving motor vehicles and pedestrians, it is reported that drivers of passenger vehicles are more distracted than ever. As expected, this very recent study corroborates results of studies conducted years ago which say that the ones most prone to engage in distracted activities while driving are younger drivers, particularly teens.

Though alcohol is still a major contributing factor to pedestrian accidents, accidents due to cell phone use is continuously on the rise. Though quite funny, but definitely exasperating, 53% of adults, according to the Pew Research Center (a non-partisan American “fact tank” based in Washington, D.C.) have bumped into something as a result of distracted walking; one man in La Crescenta, California even came within feet of a 400-pound black bear.

In 2013, about 150,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries, while 4,735 lost their lives. A pedestrian, as defined in the NHTSA’s Traffic Safety Fact Sheet, is any person on foot, walking, running, jogging, hiking, sitting or lying down.

As explained by Habush Habush & Rottier S.C.®, vehicle versus pedestrian accidents occur more often than many realize. An accident tends to have worse result, though, if the vehicle involved were an SUV or a truck because vehicles with a bumper height that is above the waist level has the tendency to throw a pedestrian forward and run over such pedestrian, resulting to more severe, if not fatal, injuries.

On Personal Injury and Accountability

This is a day and age that is comfortable with zero accountability. People often use and misconstrue the concept of freedom of speech in order to spout out vile and hateful comments towards other people and expect to be allowed to do so, simply because they don’t hold themselves accountable to the effects of their words. This can be more dangerous when in a situation about the actions of people – and when they choose to be careless or negligent.

There are numerous ways wherein a person can be needlessly negligent and claim that it wasn’t their fault. A sleepy driver could cause a major road accident and refuse to claim responsibility due to lethargy being a natural state. An elderly person in a nursing home could be abused and never say anything but the people committing the abuse could get away with it because there wasn’t anyone there to notice the signs. There are so many ways in which a person could be injured due to the negligent actions of someone else and the one at fault gets away without being held accountable for it. Not only is this unacceptable but this is also unjust in so many ways.

Personal injury exists in order to combat this lack of accountability for it is the legal terminology used in order to define circumstances wherein one party was injured directly due to the negligence of someone else. According to the website of the lawyers with Evans Moore, LLC, the injury need not be physical as it can also take form in emotional and mental injury such as through clinical depression or Post-traumatic Stress Disorder (PTSD).

Sometimes, there are instances wherein some insurance companies actually approach victims who are without legal representation and tempt them with cash payouts that could cover the basics of the injury. It’s dangerous to allow and validate this lack of accountability for the sake of comfort. Doing what’s right is rarely ever easy but some battles are certainly worth fighting for— justice in your name due to personal injury is one of them.

Options for Financial Assistance for Individuals Suffering from Disabling Injuries

Any serious accident is sure to leave victims physically scarred and dealing with plenty of consequences. In some cases, the impact of these consequences can last for a long time, such as in the case of disabling injuries. As noted on the website of the Law Offices of Yvonne Fraser, injuries like spinal cord damage and brain trauma are sure to limit the a person’s ability to return to their jobs and earn a proper income. As a result, many victims suffering from disabling injuries find themselves struggling financially.

Fortunately, these victims have several options with regard to receiving financial assistance. There are, in particular, the Social Security Disability benefits. Through two distinct benefits program established by the federal government, those who are suffering from disabling injuries can rest assured that they there are security blankets that will ensure they won’t be left vulnerable to the devastating consequences of the accident they experienced.

Social Security Disability Insurance or SSDI is the first option available for individuals with disabling injuries. The SSDI is specifically meant for insured members of the Social Security system. This means any contributing member aged 65 years or younger can qualify for SSDI benefits. It’s important, however, important to note that SSDI is awarded only to those that have been employed for enough time in order to make appropriate Social Security payment.

Those that do not fall under this category shouldn’t fret, because there is another option. The Supplemental Security Income or SSI is provided by the U.S. Treasury for individuals with disabilities that are 65 and younger and are either unemployed or don’t meet the requirement for Social Security payments mentioned above. The U.S. Treasury determines qualified individuals by checking if the person’s current income and means of living falls within the determined bracket for federal benefits.

According to the website of the Indiana Social Security disability lawyer from the Hankey Law Office, suffering from disabling injuries can be a real challenge, especially when considering the financial complications such an injury can easily cause an individual.

Making Wrongful Death Claims

The tragic and unexpected death of a loved one will likely be the most painful experience that most people have to endure. The tragedy of this sudden loss can be even more traumatic if the circumstances surrounding a loved one’s death are fraught and suspicious. According to the website of Evans Moore, LLC, when a loved one’s death is caused by the negligence of another person, those left behind will also have to struggle with anger. Knowing that their loved one’s death would not have happened if not for someone else’s actions can bring a sense of injustice that only compounds the grief they are already dealing with.

This is where the law steps in to help grieving families receive the closure they deserve. Those whose loved ones had perished as a result of another party’s negligence can pursue legal action and file for wrongful death. Rhinelander personal injury lawyers would probably explain that wrongful death is a term that refers to legal claims that can be made by specific parties in the wake of a victim’s avoidable death. This means that any time an individual dies at the hand of another party’s reckless or negligent actions family members and other certain interested parties can lodge a case against those responsible for the incident. Through wrongful death claims, families can pursue for compensation covering medical expenses, funeral costs, loss of income, as well as for specific damages.

Aside from immediate family members, wrongful death claims can only be made by a victim’s common law partner, financial dependents, and those who stand to lose financial gain because of his or her death. The claim can be made against a single individual or to groups and entities such as hospitals and corporations. Those looking to file claims will have to do within a specific window of time called the statute of limitations. For most states across America, the statute of limitations is two years long.

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