subject: Orv Accidents, Injuries, & Michigan Lawsuits [print this page] The operator of an off road vehicle also known as an ORV involved in an accident resulting in injury to a person must stop immediately at the scene and render assistance.
The operator of an ORV involved in an accident resulting in an injury to a person or in property damage in an estimated amount of $100.00 or more must immediately notify the State Police or Sheriff's office of the county in which the accident occurred for completion of the accident report required by law.
Criminal penalties range from a misdemeanor to a felony. Civil penalties can range up to $500. Persons may be held responsible for damage caused by their ORV and ordered to restore such damaged property to the original condition. Additional penalties for operating an ORV under the influence of alcohol or controlled substances can be imposed which are more severe. Serious criminal violations may also result in seizure and condemnation of the ORV.
Minimum ages for ORV/ATV operation are the results of an extensive review by the Michigan Legislature. The hearing process caused everyone to focus on the alarming statistics regarding young riders. Statistics show that in 41 percent of the deaths the victim was under the age of 16 years of age. Additionally, other young victims were left paralyzed, brain damaged or with other serious permanent injuries.
Most of the accidents involving young riders could be traced to a number of factors, (i.e., lack of supervision; machine design characteristics; and lack of training). Some parents appeared to be unaware of many of these hazards. The consequences of a few daring moments on an ATV can be devastating as evidenced by the accident data.
Preserving and enhancing public safety in the field of outdoor recreation is of paramount importance. Recognizing that there are potential safety hazards in off-road vehicle riding, the legislature has enacted regulations which directly affect:
-Operation of ORVs by children under 16;
-Safety equipment that is required of all ORV operators and passengers;
-Strict controls on the use and possession of alcohol while operating ORVs;
-Unlawful operation on roads open to regular vehicle traffic
There are certain responsibilities that come with the ownership and operation of an ORV. Adults bear the burdens of passing on responsible conversation and supervision, and setting the example for all other ORV enthusiasts. It is important to consider the potential impact of ORVs on Michigan's fragile environment, and to operate ORVs in a manner that minimizes conflicts with others who are enjoying the fields and forests of the state.
In Michigan there are strict limitations for filing a lawsuit for injuries caused due to an ORV accident. If you miss a deadline, your claim could be lost forever, so it is important that you hire a lawyer that specializes in ORV accidents.
by: Lawrence Buckfire
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