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Wahneta ATV Accident

Chris Russo May 13, 2013

A Wahneta ATV accident resulted in the death of one teen and serious injuries to three others.  The accident happened at approximately 10:20 p.m. as the ATV swerved and struck a bicycle.  This accident is currently under investigation and it is not known for sure who was on the bicycle and who was on the the ATV, but family for Israel Bible (18) told news reporters that he was on the bicycle with his sister, Bermea, on Bomber Road looking for friends.

This accident appears to have happened because the ATV did not have a headlight and because the bicycle did not have both a headlight and a taillight as required by law.  Florida recognizes a comparative fault system rather than a contributory fault system.  This means that any degree of fault between the respective parties to an accident is considered rather than merely whether the "victim" did even the slightest thing wrong to cause the accident.  Under a contributory fault system, if the "victim" did even the slightest thing wrong, then the victim was completely barred from making a recovery.  The news also reported that the ATV swerved to avoid a car.  It is unclear why an ATV (that is not street legal and should not be operated on the highway, even temporarily) would have to swerve to avoid a car.  In any event, one has to assume that if the ATV had a headlight, then it would have illuminated reflectors on the bicycle (one must also assume that the bicycle had reflectors on it).  Under those specific facts, the ATV would have been in a superior position to avoid this accident notwithstanding the fact that the bicycle did not have a headlight/taillight.  It would also be helpful to know which direction the bicycle was traveling.  Under any possible circumstance, the people on the bicycle and any passengers on the ATV have some claims to compensation.  A Winter Haven personal injury or car accident lawyer can give you a free consultation if you have questions about the injuries or liabilities created in an accident such as this one.   Please contact a Winter Haven personal injury or car accident lawyer for further information.

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