The Dangers of Off-Roading and the Assumption of Risk
For many, off-roading can seem like a fun and memorable experience, but there are many dangers associated with the recreational activity. Even when following all safety rules while off-roading, riders may not be able to avoid the dangers and risks associated with off-road vehicles. According to the Consumer Product Safety Commission, over 14 thousand deaths related to all-terrain vehicles happened between the years 1982 and 2015. In most accidents, the incident may be linked to the reckless, negligent, or intentional wrongdoing of the vehicle operator. In certain cases, however, the accused can raise the defense of an “assumption of risk” in order to overcome his or her legal duty as a driver to avoid injuring others. If you have been injured while off-roading, you will need to get in touch with an experienced personal injury attorney. With many years of dedicated experience, the attorneys at Milligan, Beswick, Levine & Knox, LLP can investigate your case and help you obtain the compensation you deserve.
Milligan, Beswick, Levine & Knox, LLP is a reputable law firm with experience in handling complicated off-roading accident cases, including those involving dirt bikes, ATVs, and other similar vehicles. After an off-roading accident, you will need to take swift action and seek the support of an established law firm that can investigate the facts of the case and fight for your right to full compensation. Consider scheduling a free case evaluation with the attorneys at Milligan, Beswick, Levine & Knox, LLP by completing the online contact form found here.
Common Causes of Accidents Involving Off-Road Vehicles
Off-road vehicles can include dune buggies, dirt bikes, all-terrain vehicles or ATVs, and golf carts, to name a few. These vehicles are usually characterized by their large tires that have deep threads. As a result of their high center of gravity, off-road vehicles are usually more prone to go out of control, especially when riding at high-rated speeds or if operated by inexperienced riders.
An off-road accident can be caused by a multitude of factors, including terrain conditions, but a majority of these accidents are caused by driver error, such as speeding. These accidents can also be caused by performing dangerous driving maneuvers, a lack of experience, driving while under the influence, or overloading the vehicle with extra passengers.
Injuries Typically Sustained in Off-Roading Accidents
The common off-roading vehicle will weigh upwards of 500 pounds and will reach speeds of 60 mph or higher. The speed of these vehicles coupled with the lack of safety mechanisms, such as safety cages and seatbelts can result in life-threatening injuries when involved in an accident.
In most off-roading accidents, head trauma and spinal cord injuries are common. Whenever there’s an accident where the vehicle flips over and lands on top of the rider and passenger, it is likely that those trapped underneath the vehicle will suffer injuries involving internal bleeding. Among the least severe injuries are broken and fractured bones. For the most part, however, the injuries sustained in off-roading accidents are usually catastrophic.
Assumption of Risk in the State of California
In most accidents in which a person is injured as a result of another’s negligence, the injured party can seek monetary damages from the negligent party for the damages incurred. When it comes to off-road accidents, however, the defense of the assumption of risk may be raised. This legal defense involves demonstrating that the injured party knowingly and voluntarily assumed the risks, which are inherent to off-roading. In a successful defense, the tort doctrine of assumption of risk may bar the injured person from being able to recover damages.
Determining whether a person can be held liable for an off-roading accident is complicated as a result of the theory of “comparative negligence” and became even more so as a result of a new doctrine established under Knight v. Jewett (1992) 3 Cal. 4th 296. Under this case as well as Distefano v. Forester (2001), it has been established that off-roading is a sport that involves inherent risks that may cause serious injuries or death. As a result of the inherent risks, any person who is injured while involved in the sport may not be able to sue for negligence against another party.
Discuss Your Case With an Established Law Firm
Off-roading is a popular recreational sport in many parts of the country, including here in Southern California. Unfortunately, off-road vehicles are inherently dangerous and can lead to serious injuries in the event of an accident. If you or a loved one was recently hurt in an off-roading accident, speak to a well-versed personal injury attorney who can advocate for your rights and help you obtain the compensation you deserve.
The personal injury attorneys at Milligan, Beswick, Levine & Knox, LLP are highly skilled in cases involving off-roading vehicles, such as ATVs and dirt bikes. Whenever an off-road accident happens, the accident can lead to long-term trauma and financial strain. To determine whether you can file a case after your accident, consider obtaining the support of the attorneys at Milligan, Beswick, Levine & Knox, LLP. Arrange a no-obligation consultation by completing the contact form found here.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.