San Antonio ATV Accident Lawyer

San Antonio, TX Lawyer Michael Grossman discusses All-Terrain Vehicle (ATV) Accidents

If you have been hurt in an ATV (All Terrain Vehicle) accident, you may wish to seek compensation for your injuries. But many people do not realize that they may have a strong personal injury lawsuit on their hands after an ATV accident. San Antonio ATV accident lawyer Michael Grossman is here to tell you what sort of lawsuit you may be eligible to file.

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Causes of ATV Accidents

ATVs are dangerous vehicles in part because they are often viewed as toys, and yet they can reach speeds similar to passenger cars. Despite this, they often have few (if any) safety features – and many of them have features that specifically make the vehicles less safe. A recent study conducted by the Consumer Products Safety Commission found that there are approximately 700 deaths caused by ATV accidents every year in the United States. There are a total of 135,000 accidents.

Despite these figures, ATVs rarely have adequate safety features, such as seat belts. ATV drivers and passengers are often thrown from the ATV in an accident, greatly exacerbating their injuries. ATVs (as well as UTVs) are also prone to rolling over and crushing their drivers. These types of accidents can result in catastrophic injuries at even low speeds.


The Yamaha Rhino

The Yamaha Rhino is a very popular ATV. It’s popularity is due largely to its narrow wheelbase and narrow track (the longitudinal and latitudinal distances between the wheels are both very small). This small size was a deliberate design decision which allows it to be easily transported on pickups. But the Yamaha Rhino, like most ATVs, has a high center of gravity. When combined with its small wheelbase and track, the Rhino is extremely susceptible to rolling over. But rather than market the vehicle in such a way as to make this danger known, Yamaha has marketed the Rhino as an ATV designed for traveling over uneven terrain, on slopes and embankments, and in various other situations in which wheel traction is greatly reduced. Combined with its dangerous design, this means that the Rhino can easily cause catastrophic injuries in an accident. This is just one of the many ATV designs which pose serious risk to their drivers.


Our Lawyers can Help

For twenty years, our attorneys have helped people injured in UTV and ATV accidents. We know how to thoroughly investigate an accident and the ATV involved to determine whether a dangerous design contributed to your injuries. In other words, we are dedicated to making sure that you receive the compensation that you deserve, and that ATV companies are held responsible for designing dangerous vehicles. So if you or a loved one has been hurt in an ATV, UTV, 3-Wheeler, or 4-Wheeler accident, contact experienced San Antonio ATV accident attorney Michael Grossman today, and make sure you receive the compensation you deserve.


Some of Our Most Recent Successful Cases
$475,000.00 Recovery - Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery)
An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client's right of way.
Total Recovery:
$475,000.00
Attorney Fees:
$158,333.00
Litigation Expenses:
$5,000.00
$93,000.00 Recovery - Motorcycle Accident (Soft-Tissue Injuries and Abrasions)
Recovered for victim of motorcycle accident who suffered soft tissue injuries and abrasions.
Total Recovery:
$93,000.00
Attorney Fees:
$31,000.00
Litigation Expenses:
$181.00
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$0.00
$350,000.00 Recovery - Product Liability (Back Injury Resulting in Surgery)
A young woman suffered a back injury that required corrective surgery following a boating accident. The boat in question sped out of control and crashed into a landmass, throwing our client from the boat, as the result of a stuck throttle. Upon inspection of the boat, it was determined that a poor design led to the malfunction and a product liability lawsuit was brought against the manufacturer. The defendants argued that the boat was inappropriately piloted, however, the physical evidence depicted the cause of the accident quite clearly and the case was successfully resolved.
Total Recovery:
$350,000.00
Attorney Fees:
$100,000.00
Litigation Expenses:
$100.00
$125,055.00 Recovery - Automobile Accident (Back Injury Requiring Surgery)
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Total Recovery:
$125,055.00
Attorney Fees:
$41,684.00
Litigation Expenses:
$435.00
$350,000.00 Recovery - Wrongful Death / First Party Dram Shop
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.

Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Total Recovery:
$350,000.00
Attorney Fees:
$140,000.00
Litigation Expenses:
$40,000.00
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$100,000.00 Recovery - Motorcycle Accident (Neck, Back, and Knee Injury)
Recovery for a client who suffered neck, back, and knee injuries in a motor cycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,333.00
Litigation Expenses:
$627.00

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