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ATV Accidents
ATV Accidents in Jacksonville and Throughout Florida
In Florida, the weather and landscape allow for year round recreation activities including those related to ATV (All Terrain Vehicles). Unfortunately, what starts out as a fun day out in the fresh air turns out to be something else in the form of a serious personal injury and in certain instances the wrongful death of a rider, passenger or another person coming in contact with the ATV.
While some may argue with this next point, ATVs should not be considered a toy or trivial amusement ride. Due to the power of ATVs and the terrain they operate on, safety precautions should always be a priority whether the ATV riders are small children or experienced adult riders.
How is an ATV Defined Under Florida Law?Pursuant to Section 316.2074 - All Terrain Vehicles, an ATV, is defined as any motorized off-highway vehicle which measures in width 55 inches or less and has a dry weight of 1500 pounds or less. The ATV must be designed on three or more non-highway tires and is put in use by a manufacturer for recreation use for one or more purposes. Florida also defines a two rider vehicle as an ATV.
Is a Driver's License Required to Operate an ATV in Florida?The simple answer to this question is "No". A person under the age of 16 years old can operate an ATV as long as the minor is wearing a safety helmet that meets the standards set by the United States Department of Transportation (USDOT). A person under the age of 16 years old must also wear eye protection. Finally, for such a minor operator, the operation must be supervised by an adult which is defined as a person 18 years or older.
Where can ATVs be Legally Operated in the State of Florida?ATV cannot be operated on most streets or highways. The only roadways that an ATV can operate on are those that are dirt and with speed limits under 35 miles per hour during daytime hours.
What Insurance Coverages Apply to Jacksonville ATV Injury Claims?When there is an accident or injury resulting from the operation or use of an ATV in Florida, the issue of insurance coverage will come into play to determine how medical bills will be covered and how the injured person can be compensated for lost wages, economic losses, pain, suffering, mental anguish and the loss of enjoyment of life. Generally, the typical Florida automobile insurance policy does not include ATVs. There is typically specific language that excludes coverage for these vehicles. Similar to the language of Florida automobile insurance policies, ATVs are not typically covered by homeowner's insurance policies. In any particular circumstances, there may be exceptions to these generalities. The most likely scenario in which there is coverage for an ATV accident is when the ATV owner secures a special policy for the ATV. If the owner secures this policy, there are different types of coverages that can be purchased including but not limited to bodily injury liability coverage. Unfortunately, the lack of applicable ATV coverage for a particular ATV accident can make it quite difficult from a practical and economic standpoint to pursue a case to its rightful conclusion.
What Liability Laws Apply to ATV Accidents in Florida?Generally, ATV accidents are governed by Florida's system of comparative negligence in the State of Florida. This means that an injury victim can pursue and collect damages for personal injuries as a result of a Jacksonville ATV accident even if the injury victim is comparatively at fault. Beginning in March 2023, Florida adopted a modified comparative fault system which only allows a financial recovery if fault can be established on another person or entity and only if the comparative fault of the injury victim is 50 percent or less of the fault involved in the incident, accident, or crash.
What Time Limits Apply to an ATV Accident in the State of Florida?For accidents / incidents that accrued or took place prior to March 24, 2023, a two year statute of limitation applies to an ATV accident case. This means that a lawsuit must be filed within 2 year of the incident. Otherwise, important legal rights may be waived. For incidents that took place prior to March 24, 2023, the prior law most likely will apply which allows for a 4 year statute of limitations. If the accident / incident is determined to be product liability design or defect case, then the applicable statute of limitations may be as long as 12 years from the time that the product was first purchased.
How Much is an ATV Personal Injury Case Worth?This is quite a broad and loaded question. Like people, each personal injury case is unique and must be evaluated on its own merits, facts, and circumstances. Factors are considered when evaluating a personal injury case involving an ATV include but are not limited to past medical bills, future expected medical bills, medical providers seen, type and extent of medical care received, permanency of the injuries, disabilities caused by the injuries, past lost wages, future expected loss wages, age of victim, prior physical condition of victim, pain, suffering, mental anguish, loss of enjoyment of life, prior hobbies, interests, and activities, effects on family and extended family, and other factors.
Free Consultation - ATV Accident Case.
David Alan Wolf is an experienced Jacksonville ATV accident lawyer who only handles personal injury cases. He has dedicated his 33 year plus career to representing injury victims and their families. For the entirety of his career, he has never represented big business or the insurance industry. David Alan Wolf is the author of 12 books and over 4,000 articles that focus on personal injury and safety issues. Contact David Alan Wolf today for a free consultation regarding an ATV injury matter.
In Florida, the weather and landscape allow for year round recreation activities including those related to ATV (All Terrain Vehicles). Unfortunately, what starts out as a fun day out in the fresh air turns out to be something else in the form of a serious personal injury and in certain instances the wrongful death of a rider, passenger or another person coming in contact with the ATV.While some may argue with this next point, ATVs should not be considered a toy or trivial amusement ride. Due to the power of ATVs and the terrain they operate on, safety precautions should always be a priority whether the ATV riders are small children or experienced adult riders.
How is an ATV Defined Under Florida Law?Pursuant to Section 316.2074 - All Terrain Vehicles, an ATV, is defined as any motorized off-highway vehicle which measures in width 55 inches or less and has a dry weight of 1500 pounds or less. The ATV must be designed on three or more non-highway tires and is put in use by a manufacturer for recreation use for one or more purposes. Florida also defines a two rider vehicle as an ATV.
Is a Driver's License Required to Operate an ATV in Florida?The simple answer to this question is "No". A person under the age of 16 years old can operate an ATV as long as the minor is wearing a safety helmet that meets the standards set by the United States Department of Transportation (USDOT). A person under the age of 16 years old must also wear eye protection. Finally, for such a minor operator, the operation must be supervised by an adult which is defined as a person 18 years or older.
Where can ATVs be Legally Operated in the State of Florida?ATV cannot be operated on most streets or highways. The only roadways that an ATV can operate on are those that are dirt and with speed limits under 35 miles per hour during daytime hours.
What Insurance Coverages Apply to Jacksonville ATV Injury Claims?When there is an accident or injury resulting from the operation or use of an ATV in Florida, the issue of insurance coverage will come into play to determine how medical bills will be covered and how the injured person can be compensated for lost wages, economic losses, pain, suffering, mental anguish and the loss of enjoyment of life. Generally, the typical Florida automobile insurance policy does not include ATVs. There is typically specific language that excludes coverage for these vehicles. Similar to the language of Florida automobile insurance policies, ATVs are not typically covered by homeowner's insurance policies. In any particular circumstances, there may be exceptions to these generalities. The most likely scenario in which there is coverage for an ATV accident is when the ATV owner secures a special policy for the ATV. If the owner secures this policy, there are different types of coverages that can be purchased including but not limited to bodily injury liability coverage. Unfortunately, the lack of applicable ATV coverage for a particular ATV accident can make it quite difficult from a practical and economic standpoint to pursue a case to its rightful conclusion.
What Liability Laws Apply to ATV Accidents in Florida?Generally, ATV accidents are governed by Florida's system of comparative negligence in the State of Florida. This means that an injury victim can pursue and collect damages for personal injuries as a result of a Jacksonville ATV accident even if the injury victim is comparatively at fault. Beginning in March 2023, Florida adopted a modified comparative fault system which only allows a financial recovery if fault can be established on another person or entity and only if the comparative fault of the injury victim is 50 percent or less of the fault involved in the incident, accident, or crash.
What Time Limits Apply to an ATV Accident in the State of Florida?For accidents / incidents that accrued or took place prior to March 24, 2023, a two year statute of limitation applies to an ATV accident case. This means that a lawsuit must be filed within 2 year of the incident. Otherwise, important legal rights may be waived. For incidents that took place prior to March 24, 2023, the prior law most likely will apply which allows for a 4 year statute of limitations. If the accident / incident is determined to be product liability design or defect case, then the applicable statute of limitations may be as long as 12 years from the time that the product was first purchased.
How Much is an ATV Personal Injury Case Worth?This is quite a broad and loaded question. Like people, each personal injury case is unique and must be evaluated on its own merits, facts, and circumstances. Factors are considered when evaluating a personal injury case involving an ATV include but are not limited to past medical bills, future expected medical bills, medical providers seen, type and extent of medical care received, permanency of the injuries, disabilities caused by the injuries, past lost wages, future expected loss wages, age of victim, prior physical condition of victim, pain, suffering, mental anguish, loss of enjoyment of life, prior hobbies, interests, and activities, effects on family and extended family, and other factors.
Free Consultation - ATV Accident Case.
David Alan Wolf is an experienced Jacksonville ATV accident lawyer who only handles personal injury cases. He has dedicated his 33 year plus career to representing injury victims and their families. For the entirety of his career, he has never represented big business or the insurance industry. David Alan Wolf is the author of 12 books and over 4,000 articles that focus on personal injury and safety issues. Contact David Alan Wolf today for a free consultation regarding an ATV injury matter.
