Should I Get a Lawyer for an ATV Accident?

People use all-terrain vehicles (ATVs) for both work and play. Farmers and laborers use off-road vehicles to track livestock, inspect and maintain farmland, and transport crop supplies. Adventurous souls treat ATVs as purely recreational vehicles. While ATVs serve a purpose, they can also be extremely dangerous.

According to the U.S. Consumer Product Safety Commission (CPSC), there were 2,448 ATV-related deaths between 2018 and 2020. In 2022 alone, there were more than 94,700 emergency room visits for ATV injuries.

You may have a potential legal claim if you or a loved one is in an all-terrain vehicle accident. It depends on the type of accident and the nature and extent of your injuries.

If you or a loved one has suffered an all-terrain vehicle accident or fatality, you might be entitled to compensation. You may have to sue the ATV operator, property owner, ATV manufacturer, or other at-fault parties for damages.

This article examines whether you should hire a personal injury attorney to handle your ATV accident case. It also explores the more common causes of ATV accidents and discusses the damages you can seek in your ATV accident claim.

If you’re the victim of an ATV crash, consider contacting a local attorney specializing in personal injury law. They will let you know if you have a strong case and help protect your legal rights.

Why Are ATVs So Dangerous?

Unlike most other types of motor vehicles, ATVs have a high risk of flipping or suffering a rollover. Since there is little standing between the person driving the ATV and the road, ATV accident victims face a significant risk of suffering serious injuries. This vulnerability demonstrates how ATV crashes are similar to motorcycle accidents.

Manufacturers did not design ATVs to carry passengers in the back. Doing so puts both yourself and your passengers at an increased risk of injury or death.

Another reason ATVs are dangerous is that many ATV operators and passengers are children. Of the 2,448 deaths cited above, more than 300 of them were children under the age of 16. Many children lack the fine motor skills to safely operate an ATV, which makes their risk of injury greater than that of adults.

Not only are kids more likely to get hurt in an all-terrain vehicle crash, but they often suffer more severe injuries than teenage and adult ATV riders.

Most Common Types of ATV Accident Injuries

ATV crashes are often more serious than other motor vehicle accidents. In many car accident cases, the victim usually walks away from the crash or sustains only minor injuries. This isn’t the case for ATV accident victims.

Some of the more severe ATV injuries include:

• Traumatic brain injury (TBI)
• Permanent concussions
• Neurologic injuries
• Spinal cord injuries
• Broken bones
• Neck injuries, fractures, and dislocations

People involved in ATV accidents often suffer catastrophic, life-changing medical problems. The medical expenses for long-term treatment for ATV injuries can be costly and extensive. If your accident was due to the fault of others, an ATV accident lawyer will fight to get you the maximum compensation possible.

Recoverable Damages in an ATV Accident Lawsuit

If you cannot file an insurance claim or it’s denied by the insurance company, you can sue the responsible party for damages. Retaining legal representation to handle your personal injury lawsuit is a good idea.

In most ATV accident cases, plaintiffs demand the following types of damages:

• Medical bills
• Lost wages
• Lost future income
• Property damage
• Pain and suffering
• Punitive damages (in limited cases)
• Costs of future medical treatment

Your lawyer will ensure that your initial complaint demands fair compensation for any injuries you suffered. This includes physical injuries, financial losses, and any emotional distress.

Who Should You Sue for Your ATV Accident Injuries?

If you’re in an ATV accident, you have several legal options. First, you can file a claim with the insurance company. While the insurance coverage may not be as high as with a traditional motor vehicle, you may be able to recover some money.

If the insurance carrier refuses to pay your claim or if the ATV operator’s policy doesn’t cover your losses, you can sue the ATV operator directly. Things get tricky when you are the operator or a third party is responsible for the crash.

In some ATV accident cases, the accident victim must pursue one (or more) of the following parties:

• The ATV owner or operator
• The person who owns the property on which the accident occurred, as the property owner’s homeowner’s insurance may cover your financial losses
• If there’s a defect with the ATV involved in the accident, you may be able to file a product liability lawsuit against the manufacturer, retailer, or other party in the distribution cycle
• You may have to sue another driver if you’re hit by another ATV operator or someone behind the wheel of a car or truck

Your legal team will help figure out which liable parties to name in a personal injury lawsuit.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, you should consult a local personal injury attorney to confirm your state laws.

Don’t Wait Before Seeking Legal Advice From a Personal Injury Lawyer

Sometimes, a person can be involved in an all-terrain vehicle accident and think they’re fine. They may walk away from the crash with nothing but a few bruises. However, there are times when you don’t discover the extent of your injuries until long after the accident.

There are also instances where an ATV accident victim assumes the responsible party will do the right thing. When they balk at covering your medical bills, loss of income, or other issues stemming from the accident, you may find yourself in a difficult position if too much time has passed.

If this happens, you may lose your legal right to sue. This is because of something called the statute of limitations. These laws impose a deadline for taking legal action. If you miss the filing deadline, you cannot pursue the other party for damages. This means you’ll walk away with nothing and have to pay your financial losses out of pocket.

Starting the legal process as soon as possible after the accident can make sure this doesn’t happen. Give your attorney time to review your case and attempt to negotiate a settlement with the other party.

Contact an ATV Accident Attorney To Discuss Your Personal Injury Case

If you or a loved one has suffered injuries in an ATV accident, contact an experienced personal injury attorney. You can schedule your free case evaluation within days of your ATV crash so a skilled attorney can evaluate your personal injury claim.

You may be entitled to compensation for your ATV accident injury. Speak with a reputable law office for a free initial consultation about your injury lawsuit.