Month: July 2021

All-terrain vehicles, sometimes called 4-wheelers, are off-road vehicles that can be used for both fun and work. ATVs are popular with New Mexico farmers who use them for checking on livestock in the fields, to inspecting their crops, or even add fertilizer or chemical protectants to their fields. When used for recreational purposes, 4-wheelers can explore rugged trails and make the perfect off-road vehicle for hunters.

No matter how you choose to use your ATV, following these six safety guidelines can help prevent the kinds of accidents and injuries that can cause serious injury or even death.

Safety tip #1: Get safety certified

ATVs are not toys. While you can have a great deal of fun on them, you also can end up with some debilitating injuries if you do not treat them with the respect they deserve. Learning how to ride your ATV safely in a controlled setting is one of the smartest and most responsible things you can do. You must be able to make quick adjustments – increasing or decreasing speed, shifting your weight to make turns – while riding to ensure your safety and that of any passengers. New Mexico law requires ATV operators to be at least 13 years old and possess a valid motorcycle license or 15 years old with a valid driver’s license.

Safety tip #2: Choose the right size ATV

When it comes to ATVs, one size does not fit all. You must choose one that is sized correctly for your age, weight, and height if you want to ride safely. Full-sized 4-wheelers can weigh more than 600 pounds. They are difficult to maneuver, even when you have one that is an appropriate fit. All manufacturer’s warning labels indicate recommended age groups. You also can ask an ATV sales representative to ensure you pick a 4-wheeler that is best suited to you.

Safety tip #3: Wear a helmet and eye protection

Wearing a helmet and eye protection does not make you a dork. It makes you a responsible ATV rider (or passenger). New Mexico requires all ATV riders under 18 to wear a helmet and approved eye protection. While those over 18 are not mandated to do the same, the New Mexico Game and Fish Commission strongly encourages it. Head and spine trauma are two of the most common injuries from ATV accidents. Wearing a helmet can help protect against traumatic brain injuries that can leave you permanently disabled. Eye protection is as important as a helmet, especially if riding your ATV on a trail or other off-road terrain that has rocks, branches, and other debris that easily can get caught by your wheels and fly up into your face. Your best bet for protecting your noggin and your eyes is a helmet with a full-face shield.

Safety tip #4: Dress for ATV success

Long pants, long-sleeved shirts, gloves, and ankle-high boots offer the best protection when riding. While no one intends to fall off their 4-wheeler, it can happen. ATVs have a high center of gravity, no seatbelts, and no roll bars. If they tip, nothing is keeping you on your seat. If you get thrown from your ATV, the right clothing can keep you from getting painful skin abrasions.

Safety tip #5: Ignore the need for speed

ATVs are powerful vehicles. While you might feel wild and free on one, it is important to remember that 4-wheeler tires are not designed for pavement or high speeds. While most can go between 65 and 80 mph (and some even faster than that), if you go too fast on yours, it can become unstable and tip. It also is more difficult to turn an ATV when it is going too fast. Just because you can go fast does not mean you should. Always ride your ATV on approved trails or other riding surfaces and keep it at a controlled speed.

Safety tip #6: Learn basic first aid

No one plans to be in an accident. That does not mean you should not be prepared for one. Learning some basic first aid for treating minor injuries and stabilizing more serious ones (like broken bones) until help arrives is a wise move if you regularly ride an ATV. The Red Cross in Albuquerque offers both CPR and first aid classes.

What kind of injuries can you get on an ATV?

Why do you need to follow these safety tips? It is simple: you can get seriously injured if you refuse. Four common injuries can happen when you have an ATV accident.

• Concussions are a kind of traumatic brain injury that happens when there is an impact on your head. If you fall off your ATV, your head could hit the ground hard, or bang off a rock or other debris. If you are thrown from your ATV, you could end up going head-first into a tree. Concussions can cause serious problems down the road, including headaches and seizures.
• Broken bones are one of the most common injuries from 4-wheelers. Any time you are thrown or fall off your ATV, you risk breaking a bone. Riding at a controlled speed and wearing protective gear can help.
• Spinal cord injuries can lead to permanent paralysis and even death. Getting thrown from your ATV or having it roll onto you are two ways you can suffer a spinal cord injury. Stay at a safe speed to help prevent these kinds of accidents.
• Cuts and bruises are another risk when you ride a heavy metal machine like an ATV. The arms and legs are where most cuts and bruises happen. Wearing protective clothing and staying at a safe speed can help prevent these kinds of injuries.

Who is responsible if you get injured by a 4-wheeler?

That depends. If you are riding carelessly on an ATV and have an accident that leaves you with debilitating injuries, you are the only responsible party. If you are a passenger on a 4-wheeler and someone else’s poor decisions lead to your injury, they can be held liable for their actions. Likewise, if the machine you are driving is defective, or if your helmet or other safety gear is faulty, you may be able to go after the manufacturer. Talking with a personal injury lawyer can help determine if you have a case. Bill Russell is an experienced personal injury lawyer in Albuquerque, New Mexico. You can schedule a hassle-free consultation with him by calling 505-218-7844 or inquiring online.

As the adage goes, dogs are a man’s best friend. Dog owners certainly seem to embrace that notion. Victims of dog bites, not so much. Dogs can cause a great deal of pain and suffering when they choose to attack. Insurance companies paid out $853.7 million in claims for dog bite injuries in 2020 alone, reflecting a 7.1 percent increase in the number of dog bite claims filed. It pays to know your rights against dog owners in Albuquerque, NM in case you ever become the victim of a dog bite or attack.

Who is responsible for dog bites and dog attacks?

Many dog owners believe their pets are harmless and would never hurt – let alone attack – another person. Taking that risk can open your up to a personal injury lawsuit. While there are no specific statutes for dog bites in New Mexico, there are some basic grounds for liability. They include:

• Scienter cause of action places the blame on the dog owner under certain conditions. If the victim can provide the dog owner knew or should have known their pet could attack someone, the dog owner is liable for the attack. This means dog owners are on the hook for medical costs and any pain and suffering of the victim.
• Negligence happens when people fail to keep their pets under reasonable control. This means leashing your dog when in public and ensuring it cannot leave your property in pursuit of passersby.
• Landlords are liable along with pet owners if a victim can prove the landlord allowed a dangerous dog to live on the premises.

Beware the New Mexico “One-Bite Rule”

In Albuquerque and all of New Mexico, there is something called the “one-bite” rule. Essentially, it is a first-offense guideline for dogs. If a dog bites or otherwise attacks a person, and it is the first time the dog has behaved in this manner, the owner cannot be held liable. The rule acts as a one-free-pass scenario for pet owners. If the victim can prove the dog has a pattern of hostile or threatening behavior, they can successfully pursue damages from the pet owner.

Just because the one-bite rule exists does not mean it is the sole determining factor in whether a personal injury lawsuit is appropriate. Negligence and prior knowledge of a dog’s aggressive nature can override the rule. Another consideration is the breed of the dog. Some breeds – Akitas, Dobermans, German Shepherds, Rottweilers, Pitbulls – have a reputation for being aggressive. If one of these breeds bites or attacks you, it is possible to bypass the one-bite rule.

The experienced personal injury lawyers at Cameron & Russell can review your case to determine if it is likely to succeed.

Common injuries from dog attacks

Dog bites and attacks vary in severity. Smaller dogs may not do as much damage as larger breeds. Some dog bites cause permanent scarring and tissue damage. Common injuries from dog attacks include:

• Broken bones
• Nerve damage
• Puncture wounds

Any time you are bitten by an unknown or unfamiliar dog, rabies is an issue. If you cannot verify the vaccination status of the dog, healthcare providers will recommend you undergo a series of rabies treatments as a preventative measure. It prevents the virus from entering your central nervous system if it is present in the dog’s saliva.

Victims also can suffer from emotional effects like posttraumatic stress disorder from dog attacks, which requires therapy to help them cope.

Preventing dog bites and attacks

While the onus is on the dog owner to ensure their pet is under control, there are some things you can do to reduce your chances of becoming a victim. The first and most important is to never approach an unfamiliar dog. The urge to pet and interact with unfamiliar animals can lead to serious and debilitating injuries. If you are approached by a strange dog that appears confrontational, never run. The animal will see that as an encouragement to pursue. Also, avoid making direct eye contact with a dog. They interpret this as a sign of aggression and may respond in kind.

If you are knocked down by an unfamiliar dog, the best thing you can do is roll into a ball to protect your head and limbs and “play dead.” Be as still as possible.

Statute of limitations on dog bite claims

As with other personal injury cases, there is a three-year time limit on filing a dog bite claim in Albuquerque, NM. If you are injured by a dog attack, it is critical you reach out to a personal injury lawyer familiar with dog bite cases. They can review the merits of your case and determine if you can successfully seek damages from the dog’s owner.

Our team of personal injury attorneys goes the extra mile to pursue your case. Schedule your free consultation to discuss your case with us. We promise to approach your case with a fresh eye and the attention to detail it deserves. Request an appointment online or call us at 505-218-7844 to get started.