ATVs are commonly in the news during summer when the machines are most in use. They are a great resource when properly handled but far too often they are used by unsupervised teenagers who underestimate how dangerous they can be. Three incidents in Indiana alone this week are an example of how an ATV accident can lead to avoidable fatalities, pain and long term injuries and anguish on part of the families involved.
In three Indiana accidents, two of them in Harrison County and the other in Washington County, both age and alcohol appeared to come together to end in tragedy for one young man and serious injuries for three others. More worrying is that two of the accidents happened on public roads and involved the machines flipping over and careening off the road. Fortunately for other drivers the injuries were confined to the occupants of the ATVs. No other vehicles were involved.
In one of the incidents, the ATV was being driven at speed, flipped and hit a tree. The passenger was killed, while the driver was badly injured, but recovering in hospital. Both were teenagers and according to police investigating the crash, alcohol could have been a factor. The other public road accident also involved the ATV flipping. The third incident happened on a farm paddock.
Liability in these accidents is potentially complicated. ATVs may be owned by parents but used with or without their permission by teenage children.
Consider the situation when a son takes his father’s ATV without permission and drives it on a farm with a friend in the passenger seat. The ATV is badly handled and it flips over badly injuring the friend. Who is to blame?
In this particular situation, the owner of the ATV and the landowner could potentially be liabile for not being more careful about the ATV being taken and the supervision of the son. Many incidents happen on private property and because of potential lawsuits being filed when an accident happens on someone else’s land, it is wise to take out insurance to cover personal injury claims.
In these incidents in Indiana, it appears that the only people injured were the users of the ATVs. It is unlikely that a personal injury claim would be initiated because there is no one else to blame except the injured themselves.
The common scenario of someone being injured in an out of control ATV accident can lead to a number of outcomes. If the injured person or persons are hospitalized with neck, face, or head injuries someone is going to have to pay the bills. The injured victim or victims may be unable to earn their normal income for days, weeks, months or longer depending on the extent of the injuries. If the cause of the accident is reasonably clear cut with witnesses involved, there is a good chance that the victim will be able to initiate a personal injury lawsuit against the at fault party. This process is not always fast. It might take months or years to determine who is liable and reach a successful settlement.
Settlement Loans An Available Solution for Personal Injury Lawsuits
In the meantime the victim is suffering not only from the injuries that have been inflicted but because they need money to live and pay their bills. Expenses such as mortgages, power and other utility bills, loan repayments, etc. keep coming. This is where a lawsuit cash advance can be a very welcome solution.
Lawsuit funding, also known as “settlement loans” or “settlement funding” are transactions where the plaintiff sells a portion of the proceeds of his lawsuit in exchange for immediate cash. The advance is only repaid if the case is successful and can be used to pay for ANYTHING the client desires.
Lawsuit loans provide a specialty finance solution to plaintiffs who are unable to secure funding through more traditional means, such as bank loans, advances from relatives, and the sale of other assets. Clients who take advantage of this opportunity use the cash funding for their lawsuit as they see fit regardless of credit, employment status or other loan underwriting factors.