ATVs or all-terrain vehicles are fun, and there’s no getting around the fact that it’s a blast to ride around on an ATV.
You can take these rugged vehicles over almost any type of terrain. From hills, gravel roads, and muddy fields, ATVs can tackle this and more with ease. Best of all, ATVs can reach top speeds of anywhere from 50 to 90 miles per hour.
While there’s a lot to love about ATVs, like any type of motorized vehicle there are risks. ATV accidents can cause catastrophic injuries. If you’re injured in an ATV accident, you may have legal rights.
Common Types of ATV Accidents
ATVs are versatile vehicles. You can find ATVs in the X Games, just watch for the Quad Freestyle event to come up and get ready to see some absolutely amazing and dangerous stunts.
Did you know you can do backflips on an ATV? The durable vehicles are also used at work sites, and don’t forget about their recreational capabilities. Along with their versatility, ATVs can also be involved in accidents regardless of how they’re being used.
Some common types of ATV accidents include:
- Side rollover accidents
- Backward rollover accidents
- Colliding with objects or other vehicles
- Losing control at high speeds
- Overloading
- Tire blowouts, axel failures, steering issues, and other mechanical breakdowns
ATVs can also experience product defects and not all are caught by the manufacturer. Thankfully, most product faults are noticed, and manufacturers typically issue recalls. However, it’s your responsibility to respond to the product recall.
The manufacturer or ATV seller isn’t going to show up at your front door to alert you about the defect. Not following recall instructions can negatively impact a personal injury case if you’re injured in an ATV accident.
ATV Injuries Can Be Serious
Even if your ATV has a safety or roll cage, this isn’t enough to protect you from all injuries that could happen. Some common injuries individuals sustain in ATV accidents include:
- Neck and back injuries
- Spinal cord injuries, including permanent paralysis
- Traumatic brain injury
- Fractured and broken bones
- Nerve and neurological damage
- Torn ligaments
Fatalities can also occur, and you may be able to file a wrongful death lawsuit. A wrongful death lawsuit is separate from a personal injury case and you’ll want to consult with an attorney if your loved one died in an ATV accident.
Tips to Stay Safe on an ATV
While you can’t prevent every ATV accident, you can take some steps to stay safe. Before hopping onto an ATV, it’s a good idea to take a training course. Most ATV-licensed sellers offer training classes as part of a package.
Yes, there’s usually a fee, but it’s significantly lower than your medical costs if you’re in an accident. The course is short and often only takes a few hours to complete. You may even have the option of taking the course online or in person.
Other safety tips include:
- Always wear protective clothing. This includes a helmet, gloves, pants, and a jacket. You should also wear safety glasses and boots as an added precaution.
- Don’t let children drive ATVs, even responsible teenagers. Try to follow the same laws that apply to an automobile for the ATV. This means only allowing licensed individuals behind the wheel. You should also inspect the ATV’s condition every time you take it out.
- Keep the number of people on the ATV limited to the number of seats. Yes, it’s fun to pack everyone onto an ATV, but it’s also dangerous. Falling off an ATV is common and frequently results in injuries.
Some other safety tips may be a little more difficult to follow since after all, these tips may be taking some of the fun out of riding an all-terrain vehicle. However, don’t try to copy any stunts you see in the X games—you don’t have the training, and even the professionals sustain injuries.
You also want to try to avoid flying across the terrain. Sure, some ATVs can reach top speeds of around 90 mph, but this doesn’t mean you should go this fast.
Something else you never want to do is to drive an ATV if you’re under the influence of drugs or alcohol. ATVs are often thought of as party vehicles, but this is a potentially lethal mistake to make.
Driving an ATV while intoxicated is one of the leading causes of accidents among these vehicles.
Who is Liable in an ATV Accident
Determining fault in an ATV accident can be complicated. Your first assumption may be that the driver is the one always at fault. However, this isn’t always the case.
If the vehicle has a defect or malfunctions, the manufacturer may be the one at fault, which can mean you have the grounds for a product liability lawsuit. This can be especially true if the manufacturer doesn’t catch the defect or they intentionally ignore the issue.
The property owner may be the at-fault party; sometimes, the property and ATV owners aren’t the same. If the property owner knows there are hazardous conditions and doesn’t warn the ATV driver, they may be negligent. By not notifying others of the dangers, the property owner is at least partially responsible for the ATV accident.
With this being said, the ATV driver is most often the at-fault party in ATV accidents. Some factors that may make the driver to blame include driving under the influence, not having a valid driver’s license, or going too fast for the terrain.
Even though you don’t legally need a driver’s license to operate an ATV, not having one can make you the at-fault party. In other words, your lack of a license indicates you’re aware of your lack of experience handling motorized vehicles.
You May Be Eligible for Compensation for Your ATV Accident
In the event of an injury from an ATV accident, you may indeed be eligible for financial compensation, and if the accident was due to a product defect, a product liability lawsuit could also be a viable option. However, the civil litigation system can be intricate and challenging, particularly in cases involving potential product liability.
Consulting with an experienced accident attorney is a crucial step. They can provide valuable insight into the specifics of your case, guide you through the legal complexities, and determine the most appropriate course of action to ensure that your rights are protected and you receive the compensation you are entitled to.
