What Is An ATV Accident? (March 2025)
Summary
- ATV accidents involve off-highway vehicles and can involve serious injuries
- You can file a claim if someone else’s negligence led to the accident
- An attorney may be able to help you recover compensation
All-terrain vehicles (ATVs) are more popular than ever before; unfortunately, they have not become much safer than when they first appeared on the market. For example, from 2018 to 2020, there were 2,448 deaths as a result of off-highway vehicles (OHVs) like ATVs. Yet, in 2022 alone, 94,700 injuries happened due to OHV accidents.
But what is an ATV accident exactly, and what legal options do you have if you’ve suffered injuries in one? Take a closer look at the complexities these types of collisions can involve.
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ATV Accident Meaning: Defining the Problem
ATV accidents involve any type of all-terrain vehicle that results in injuries, property damage, or loss of life. ATVs are made to travel through rugged terrain, but that doesn’t mean that they’re any safer than other motor vehicles. Just as with auto accidents, driver errors can quickly put people at risk with these OHVs.
Because they appeal to younger people, ATV accidents often occur because of inexperience and risky maneuvers, as well as distraction and even intoxication. Something else that can cause accidents is driving on the wrong type of terrain.
ATVs are built for off-the-road driving. They have a high center of gravity, narrow tracks, and tires that don’t provide even grip on paved roads. Even gravel roads can be problematic for these vehicles. All of these issues can make the driver lose control of the ATV, potentially leading to serious accidents.
Because these vehicles travel off-road, drivers sometimes also do away with safety gear as soon as possible, putting them at further risk of life-altering injuries like head trauma. Young people may choose to ride two to a vehicle, which is highly dangerous. Since ATVs have a high center of gravity, it’s much easier for them to topple if there are two riders.
Even if you wear all of the necessary safety gear, however, some accidents are unavoidable because of other parties’ negligence.
What to Do After an ATV Accident
Whether you were riding an ATV yourself, were in a car or a bicycle, or were walking when the accident occurred, you must ensure that you’re safe before doing anything else. The injuries accidents like these cause can sometimes leave you in shock, which can mean not being able to feel pain.
Calling emergency services to the scene of the accident is essential. Have them check you for signs of a concussion, internal damage and fractured bones, since these injuries are not always obvious to untrained eyes. If they suggest that you go to the hospital, make sure to do so.
You will also need to get law enforcement to the scene. Just as you would need the police report for a car or truck accident lawsuit, you’ll need one if you file a lawsuit after an ATV accident.
Take the time to exchange information with the other parties involved and begin to gather evidence of the accident. Take pictures of the vehicles, terrain, injuries and all other details that can show the other party was negligent. If there were eyewitnesses, make sure to get their information.
As soon as possible, speak with an attorney as well. With experienced representation, you can begin your claim correctly and have the best chance of receiving fair compensation for your losses.
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Pursuing a Claim After an ATV Collision
So what is an ATV accident victim’s best course of action after suffering serious injuries? If the accident occurred as a result of another party’s negligent or intentional tort, then you may be entitled to file a claim. It’s important to understand how insurance works in your state, since that could make a difference to the compensation you receive.
If you live in a no-fault state, you can claim compensation from your own insurance. Unless you suffered serious injuries, however, you might be prevented from filing a lawsuit against the other party.
In fault-based states, on the other hand, you can pursue a lawsuit against those who caused the accident no matter what type of injuries you suffered. To do so, you’ll have to show that the defendant owed you a duty of care that they breached, causing your injuries.
Sometimes, people hesitate to file a lawsuit if they were partly responsible for the collision. Many states still allow you to recover compensation if you hold some blame, though your percentage of fault can impact the settlement or award you receive.
Consulting an Attorney Is Vital After an ATV Accident
ATV accidents can leave you battling serious injuries that could lower your quality of life. If the collision occurred because of another party’s conduct, you can hold them responsible for your losses by filing a lawsuit. To do this effectively, it’s always important to have a lawyer by your side.
The team at ConsumerShield can connect you with experienced and trusted attorneys in your area so that you can get assistance the moment that you need it. Contact us today to learn more about how our services can help you after a crash.
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Frequently Asked Questions
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Yes. ATVs are motorized off-highway vehicles, so any accidents that they cause would count as motor vehicle crashes.
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You can claim medical expenses, including future costs of the care you’ll need. If you can’t work, you can seek lost wages and loss of earning potential. You can claim pain and suffering damages, too, as well as loss of consortium if a loved one dies in an ATV crash.
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Usually, the driver will be liable for the injuries they cause. If they were driving on paved roads, speeding, intoxicated or doing anything else that put others in danger, they could be considered negligent. If the ATV malfunctioned, then the manufacturer could be liable.
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You aren’t required to hire an attorney to file a claim, but it’s always in your best interests to have legal counsel. They can investigate the accident, gather evidence to establish liability, and negotiate with insurance companies on your behalf. They can even represent you in court.