New York is a wonderful state for recreation, both on land and water. Many people enjoy the outdoors on all-terrain vehicles (ATVs) and boats. But safety comes first – and if a Watertown driver behaves irresponsibly or a defective part causes serious harm to others, the injured party or parties may be able to sue for compensation.
If you have been injured in an ATV or boat accident in New York, call The Law Offices of Scott C. Gottlieb & Associates, LLP. Our attorneys use their legal expertise to build a solid case that gives you the strongest negotiating position during settlement talks and stands up well if your case goes to trial. Our goal is to treat each client that comes to our office with care and respect while simultaneously obtaining the maximum awards possible.
Each state has its own limitations on how much time an injured person has to file a personal injury or wrongful death claim. Don’t delay — contact our attorneys today at 315-782-3547, 1-800-TALK-LAW (1-800-825-5529) or use our online contact form. Your first case evaluation is free.
What You Should Know About ATVs
The use of all-terrain vehicles (ATVs) for off-road riding has grown in popularity over the years, despite longstanding consumer warnings about safety problems. Early models were three-wheeled and generally did not have to meet safety standards the way that other vehicles do.
However, increasing reports of deaths and injuries from ATV wrecks motivated the U.S. Justice Department to file suit against ATV manufacturers for violations of the Consumer Product Safety Act. Although those three-wheeled ATVs were taken out of production in the 1980s, there was no recall of the millions of vehicles already in use.
Modern ATVs – no matter if they have three or four wheels – do not necessarily have the best track record either. Over the last 30 years, the Consumer Product Safety Commission has received reports of 9,600 deaths stemming from ATV crashes. The latest statistics show that there were more than 300 fatalities and in excess of 100,000 injuries from ATV accidents nationwide in 2009.
New York has a mandatory helmet law for ATV drivers and passengers. The Law Offices of Scott C. Gottlieb & Associates, LLP, strongly urge anyone operating or riding on an ATV to obey that rule. Serious head, neck, spinal cord and brain injuries often result from ATV rollover wrecks.
Causes of New York ATV Accidents
Dangerous driving or alcohol use has been attributed to many New York ATV wrecks. However, serious and deadly crashes sometimes are the result of defects not caused by individual error, but rather by manufacturing or design defects that occurred before the vehicle went to market.
Legally speaking, manufacturing defects are flaws in the production of the ATV that made the vehicle a danger to others. By contrast, design defects are faulty aspects of the product’s design that lead to accidents. If manufacturing or design defects are detected by makers and not corrected before the vehicles are available to the public, the maker may be cited with a “failure to warn” consumers of the hazards.
About New York Boat Accidents
Boat accidents happen to more people than you might think. In 2010, there were more than 4,600 boat crashes in the United States resulting in 672 deaths and 3,153 injuries. Sadly, 27 of those fatalities and 140 injuries happened in New York State.
In New York, you are required by law to report any boat crash that requires more than first aid or involves more than $500 worth of property damage. Reports should be made to the state agency overseeing boats or the U.S. Coast Guard. Keep in mind that this is a requirement, not a request. You are breaking the law if you fail to report an accident to the appropriate authorities. Notifying your insurance company is another important step you must take following a boat accident.
Damages in New York Boat Accident Cases
New York boat accidents can arise because of intoxication, inexperience, mechanical defects, speeding, bad weather conditions – and, of course, operators of other neighboring watercrafts. If another boater’s negligence resulted in a collision that harmed you or the occupants of your vessel, there may be criminal charges and you may be able to file a claim for compensation for your medical treatment, hospital expenses, missed work, pain and suffering and other damages.
A note to NY boat owners: If you allow someone else to drive your boat, make sure that they are a competent operator who understands the rules on the water. If an accident occurs, it doesn’t necessarily matter whether you were driving or not – you may still be held liable for any injuries caused by the crash.
We Will Fight For You
Injuries sustained in New York crashes involving ATVs or boats can cause hardship and suffering that can last a lifetime. The Law Offices of Scott C. Gottlieb & Associates, LLP, accepting cases from Watertown, NY and surrounding areas , is dedicated to helping victims of serious accidents to recover money so that they can rebuild their lives.
Experience Counts. Our track record of success speaks for itself, but we would rather speak to you personally about your Watertown accident claim and how our office can help. For a free case evaluation, call 315-782-3547, 1-800-TALK-LAW (1-800-825-5529) or use our online contact form. We also serve clients in Syracuse, Elmira, Rochester and Binghamton.