News about snowmachine and all-terrain vehicle accidents are not common in the media. However, these machines are part of most of the Alaskan’s daily lives. They have become popular, not only for sporting purposes but also as comfortable means of transportation in remote areas. With the increased use, many accidents are experienced, especially if these machines are not operated property. According to the Alaska Bureau of Vital Statistics, there are a good number of fatalities resulting from the snowmachine and ATVs. The main question is how does the court determine who is liable when one is injured or a life is lost in a snow machine or an ATV accident? The answer to this question is that “it depends.” When it comes to these cases, they are just like personal injury cases where every case is different. You may have suffered injuries as a result of a snow machine or ATV accident stemming from your driver acting irresponsible or your equipment being faulty. You have a right to claim for compensation.
Major Causes Of Snowmachine Accidents And All-Terrain Vehicles
Unfortunately, snowmachine and ATV comes with risks. These machines are designed to be operated on ice or snow, and one does have to use the roads or trails. While the older snowmachine accommodated two people, the most common ones can only accommodate one person. Additionally, these machines require both skill and physical strength to be operated. This is because losing control could easily lead to severe or fatal injuries. Many factors may cause serious injuries when one is involved in an accident. Some of these include
- Inclement weather conditions
- Hitting another snowmachine or an ATV
- Hitting trees, fences or rocks
- Driving under the influence of drugs or alcohol
- Riding on snow-covered sleepers
Due to the cold weather in Alaska, most of the snow machine and ATV operators suffer from fatal injures due to drowning. Again, most of the rivers in Alaska at this time are always frozen. Due to this, if a snowmachine driver rides at the beginning or the end of the season, they may find some parts with weak ice. This makes them prone to falling. Therefore, it becomes hard to get out of the frozen water due to the type of clothing worn for winter. While the driver may be the cause of the injuries suffered, others accidents can arise as a result of someone’s negligence. For instance, you may be hit by another driver. As such, the doctrine of negligence will apply to ensure you’re compensated for the injuries. For this doctrine to work, you must provide evidence showing that indeed you suffered as a result of other person negligent actions. You may need a lawyer to help you with this. If you don’t know where to find one, you may go to Google and search on how to find attorneys in Wasilla Ak. With a good lawyer, you will understand the criteria needed to file a claim.
Who Can Be Held Liable For Snowmachine And ATV Accidents?
Many people can be held liable for snowmachine and ATV accidents. They include:
- The snowmachine and ATV manufacturer: If these machines were poorly constructed or had a bad design that resulted in the accident, the manufacturer may be liable for the damages caused
- The mechanic: During regular servicing, the mechanic should keenly check for any wear and tear. The mechanic is required to treat your snowmachine or ATV with reasonable care. He/she should ensure these machines are in tip-top condition. If the court finds that there were negligent actions, the mechanic may be held liable
- Another snowmachine or ATV driver: If you collide with a reckless snowmachine or an ATV driver, you may sue for damages caused.
- Driver’s fault: If you were using the old snowmachine model and your driver acted negligently, you have a right to sue. Even if it’s your relative or friend, you should recover damages as well, no matter how this may seem absurd.
- Property owner: The property owner has a duty to keep his/her premises safe from risks. For example, you may collide with a parked snowmachine or an ATV.
- Snowmachine and ATV rental providers: If you borrow any of these machines, the provider has to check whether the machine is in good condition.
Though most of the snowmachine and ATV fatalities are in children, adult also suffer from severe injuries. If you believe any of the above party was the cause of your injuries, don’t hesitate to seek for compensation.
Claiming Compensation After A Snow Machine Accident
If you have suffered injuries from snowmachine or ATV accident, this may have a significant effect on your life. You may be required to seek medical treatment that may drain you financially. After the traumatic accident, you may also be affected emotionally, and this could lead to mental issues. That’s why you should report the accident as soon as it happens. There are many procedures involving snowmachine and ATV accidents. Thus, hiring a lawyer as quickly as possible will help you access the compensation you’re entitled to within the set time limit. If your lawyer feels you have a case that can enable you to get some reasonable settlement, he/she will advise you on the next steps.