Kingstree is nicely situated in the midst of many inviting off-roading locations, and ATV enthusiasts enjoy the offerings. If you’ve been injured in an ATV accident that was caused by someone else’s negligence, however, the matter is very different. Consult with an experienced accident attorney at the Law Offices of Cezar McKnight for the help you need.
The Laws Regarding ATVs in SC
To begin, ATVs are not permitted on public roadways that allow vehicular travel; however, this doesn’t mean that ATV accidents don’t occur on these roadways. In South Carolina, ATVs are intended for use on designated off-road trails and private properties only.
Children as young as six are allowed to operate ATVs when under their parents’ supervision, and no license is required. In other words, there are few protections in place to prevent serious ATV accidents.
Finally, there is no helmet requirement for anyone operating an ATV who is at least 16 years old. Children under the age of 16, however, are required by law to wear a helmet when on an ATV.
If You’re Injured on a Roadway
If you are injured on a roadway on an ATV, it does not necessarily bar you from seeking compensation. Because South Carolina employs comparative negligence when it comes to personal injury claims, you may be able to recover for the losses that are attributable to the other driver’s negligence. Your settlement, however, will be reduced by the percentage of fault assigned to you, which must be 50 percent or less.
Ultimately, every motorist on our roadways has a responsibility to the safety of everyone else. While ATV operators are not allowed on our public streets, this duty of care nonetheless extends to them.
Common Causes of ATV Accidents
Every ATV accident is unique to the specific situation at hand, but some of the most common and most dangerous causes include the following:
- Inexperienced operators, which can translate to negligence on the part of rental companies that fail to implement the necessary precautions regarding operators
- Operator distraction, impairment, or excess speed, which increases the risk that others on the trail will be injured
- Operator failure to adjust driving in response to bad weather and bad riding conditions, which also amplifies the risk factors for others on the trail
- Defective ATVs that contribute to or directly cause dangerous accidents and can also reflect negligence on the part of the rental company
If someone else’s negligence, which can include another operator, a motorist on the road, or the ATV rental company, leaves you injured, a trusted ATV accident attorney can help.
Reach Out to an Experienced Accident Attorney for Help
Cezar McKnight at the Law Offices of Cezar McKnight in Kingstree, SC, dedicates his impressive practice to fiercely advocating for the rights and rightful compensation of his valued clients. This includes you. If you’ve been injured by someone else’s negligence in an ATV crash, contact us online or call 843-374-4529.
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