ATV bike popularity has grown significantly in recent years. As a result, so has the number of injuries caused by quad accidents. On average, two people die and more than 1000 are injured in quad accidents in Scotland each year according to Health and Safety Executive. Children and teenagers are particularly at risk.
Whilst quads are designed to handle the most challenging terrain types, they are powerful pieces of machinery, weighting from 400-800lbs can be very dangerous if not used properly. Only properly trained people within the recommended age range should be allowed to ride quads. Passengers must never be carried on the back on the quad bike – especially children.
Injuries resulting from quad accidents can range from cuts and bruises to catastrophic long-term spinal injuries and even death. The most common causes of quad accidents include:
- Rollovers – riders rolling the vehicle on top of themselves, which may result in multiple fractures as well as serious crush injuries including head and chest injuries, spinal injuries, brain injuries and death.
- Collisions – with other objects or vehicles can cause anything from cuts, bruises, soft tissue injuries, fractures, crush injuries, internal injuries, spinal injuries, head and brain injuries or death, depending on the circumstances.
- Falls from hills – falls can occur in wet ground conditions and cause multiple injuries from minor to severe.
Work quad bike injury – can I claim compensation?
Quad bikes used for agriculture and forestry work should be regulated under work health and safety legislation as ‘plant’. Employers have the responsibility to ensure quad bikes used on their premises are safe and their employees receive adequate training instructions. Helmets should be used at all times for quad riders when on roads.
If you are injured in a quad accident because your employer failed to provide safety training or sufficient PPE equipment, you may be able to pursue a no win no fee personal injury claim against them. The same applies if you’re injured in a road accident while riding a quad bike and the other vehicle is entirely or partially to blame for the collision. Then, you can claim compensation through the at fault’s drivers’ compulsory third-party insurance.
Recreational quad bikes accidents – am I entitled to claim compensation?
Any business providers that offer recreational activities such as quad biking days are required by law to hold public liability insurance. If you suffer an injury caused by negligence on the part of the activity provider, then the company responsible will be liable for the damages and injuries incurred. This applies to instances where equipment hasn’t been properly maintained, staff responsible for supervision wasn’t trained enough to fulfil their duties.
If a recreational activity provider is proven to be negligent, they may be liable for:
- breaching their duty of care;
- breaching an implied term to exercise due care and skill;
- breaching consumer service care assurance.
Riders participating in recreational activities such as quad rides are often required to sign a liability waiver, that may limit their ability to claim compensation if accidents occur. Whilst such a waiver is enforceable, you may still have the right to claim if your injuries result from obvious negligence on the service provider’s part.
If you or anyone you know have been injured in a quad accident it is best to speak about your options with a lawyer who will be able to advise you based on the specific circumstances of your accident.
For more information about quad accidents claims, please contact us on 0131557055 or online.