Man Suffers Permanent Injuries After Rolling All-Terrain Vehicle

Case Overview

This case involves a man who suffered extensive injuries after test driving an ATV. On the date of the incident in question, the man had arrived at the ATV dealership intending to purchase an ATV for use on his cattle ranch. The man had never driven an ATV before, yet he was allowed to test drive several ATVs on the dealership’s dirt test track. At some point, the salesperson pressured the man into test driving a much more powerful model of ATV, urging him to drive aggressively to demonstrate the vehicle’s capabilities. During the test drive, the man took a turn too aggressively, causing the ATV to roll. The Plaintiff suffered serious, life-changing injuries in the accident, and will require a lifetime of ongoing care.

Questions to the Automotive expert and their responses

Are you familiar with the proper steps and protocols that need to be followed when engaging a new client and offering a test drive of an ATV?

When offering a test drive of any vehicle at our store, either myself or another trained employee will test the vehicle first and then familiarize the customer with the controls and proper operational mechanisms.

Do you have experience offering a safe test drive experience to potential buyers?

For UTVs specifically, we never let a customer test drive themselves. We will, however, take them on a test drive as a passenger. UTVs are multi-rider vehicles and have seat belts. Seat belts on these vehicles must be worn at all times because if you take a wide turn, you will get thrown from the vehicle. UTVs are much heavier than ATVs as well, and can cause significant damage to an individual if it rolled over.

About the expert

This qualified expert has over 20+ years of experience as a technician for makes and models of snowmobiles, ATVs, motorcycles, dirt bikes, and utility vehicles. He has experience in performing basic services to recreational vehicles to rebuilding blown up motors. He has dealt with numerous manufactures reading everything from set up and pre-delivery procedures to performing and filing warranty claims and recall work. He can also explain the proper safety gear and procedures for a recreational vehicles and how to maintain it. He is currently a Technician and Part-time Sales Associate at a Recreational Vehicle Dealership.

E-042086

Specialties:

Automotive