$5 million settlement
We recently won a $5 million settlement for a wrongful death & injury case to survivor due to car crash.
Driving or riding an all-terrain vehicle, or ATV, can be thrilling. It’s a popular way for people to explore and enjoy the outdoors. Many people will ride and operate ATVs without ever having a problem. However, these powerful machines can present significant risks. An ATV accident can happen at a moment’s notice. When things go wrong, the results can be devastating. The injuries caused can be catastrophic and life-changing.
If you or someone you love has been hurt or killed in an ATV accident, a skilled and experienced ATV accident lawyer in Indianapolis can explain your legal options to you and assess your damages. You may be able to pursue a claim against the parties that contributed to your harm.
Common Defendants in ATV Accident Lawsuits
There are potentially many parties who can be held responsible for your injuries after an ATV accident. Determining exactly who contributed to your injuries will depend on the facts of your specific case. Some parties who might be at fault could include:
- ATV manufacturers
- ATV owners
- Private landowners
- Other ATV drivers
- The parent of a minor child driver
- Negligent automobile drivers or pedestrians
- An ATV dealer or rental company
Consider that an adult who provides an ATV to a minor child who is then involved in an accident may be negligent. And property owners may be liable for crashes that occurred when they kept an unsafe environment. Mechanics may be responsible for faulty maintenance.
Because there are so many parties who could be at fault for your injuries, these cases can be very complicated. Therefore, it’s essential to contact an attorney with experience handling ATV accidents.
Common Causes of ATV Accidents
ATV crashes can lead to serious injuries and even death. In the mid-1980s, production of three-wheeled ATVs was discontinued due to the prevalence of rollovers. ATVs are now primarily designed with four wheels, making them more stable. However, the risk of rolling over is still significant. Other common examples of ATV accidents include:
- Poor ATV maintenance, including worn brakes, mechanical failures, or other problems with the ATV. Any problems with maintenance can mean that the vehicle is not ready or equipped to handle the off-road terrain.
- Sharp turns, sudden stops, or sudden swerving. All of these actions can cause the driver to wipe-out, flip forward over the handlebars, be flung sideways from the ATV, or roll the ATV over.
- Breaking the law. Did you know that children under 18 are required to wear helmets when operating an ATV? It doesn’t matter whether you’re on public or private land. A failure to provide helmets to children can be the cause of traumatic injuries in the event of a crash.
- Distracted driving. Many want to capture video of the exciting time they spend on an ATV. Some might even use a cell phone to record while operating the ATV. This distracted driving can lead to accidents that cause serious injuries.
- Reckless or careless operation. ATVs are off-road vehicles, but that doesn’t mean you can safely drive them anywhere. Many crashes happen when drivers drive on uneven ground, attempt stunts without proper training or experience, or speed or race in unsafe conditions.
- Drinking and driving. Just like with all other vehicle crashes, driving under the influence is a major factor. Not being on a main roadway makes it less safe but more appealing for operators to drive under the influence of drugs and alcohol.
- Inexperienced drivers. Many ATVs are driven by younger, often teenaged, individuals. It is extremely important that new ATV drivers understand the common dangers of the vehicle, and that they are old enough and responsible enough to safely operate a vehicle. Their inexperience makes them more likely to crash into other vehicles or collide with objects.
- Lack of adult supervision. On a similar note, adults must monitor and supervise any child operating an ATV. The adult has the legal responsibility to implement precautions to ensure the safety of riders, passengers, and spectators. This includes confirming that the area is safe for the child to operate the vehicle, and that the vehicle is the appropriate size for the child.
- Manufacturing defects or products liability. When it comes to ATV design and safety, there are not as many safeguards in place as is ideal. Many ATVs do not have rollover bars or cages. They lack safety equipment such as seatbelts and airbags. In that case, the injuries can be severe because riders get launched from the ATV or pinned under it.
- Carrying too many passengers. Riding with passengers on an ATV only meant for one person can cause it to be to be off-balance or in excess of the weight capacity. Additionally, there are no protections for the passenger.
- Dangerous tours or negligent tour guides. Tour companies and guides should provide safety equipment, such as helmets, make sure the vehicles are maintained, confirm the tour route is safe, make sure ATVs are appropriate for an operator’s size, and provide safety tips and direction on vehicle usage.
- Hazardous conditions, such as animals on the road, poorly maintained trails, debris, and potholes, can cause problems even for experienced riders.
- Driving on a paved surface. ATVs are designed to be off-road vehicles and can be less predictable when driven on a paved road, especially given that they are designed to be ridden with a lower tire pressure.
- Wrong tires. Different types of ATV tires are made for different conditions. For example, ATV mud tires won’t work well on sand.
What Compensation is Available for an ATV Accident?
The bills following a tragic accident can be overwhelming. If successful in bringing your ATV claim, you can receive compensation for:
- Medical bills and expenses
- Lost wages
- Lost earning capacity
- Pain and suffering;
- Property damage
If a person was killed in the ATV accident, the family may be able to file a wrongful death lawsuit. The responsible party would pay damages such as:
- Funeral expenses
- Compensation for lost companionship and support
- Lost income that would have been earned by the deceased person.
We believe you should not be financially responsible for harm caused by someone else’s negligence or dangerous actions. Let our ATV accident attorneys fight for the compensation you deserve so you can focus on your recovery.
How Our ATV Accident Attorneys Can Help You
A Skilled Attorney Can Gather Critical Evidence
Our ATV accident attorneys in Indianapolis know exactly what needs to be proved in order to secure the maximum compensation. Therefore, we will take the necessary steps to gather evidence to prove your case. This includes steps like:
- Interviewing witnesses
- Obtaining medical records
- Reviewing accident reports
- Seeking expert opinions.
Our ATV Accident Attorneys Know How to Deal With Insurance Issues
ATVs may not be covered by a vehicle insurance policy, as is required for your car or truck. Sometimes they are covered by an owner’s car insurance. But the legal landscape can be complex. Therefore, it might be harder to recover as the victim of an ATV crash.
It is important to know that there might be coverage out there under different types of insurance policies. Your experienced ATV accident lawyers can determine what applies.
For instance, your injuries might be covered by homeowner’s or renter’s insurance. These policies do not just cover property damage, but can also cover a variety of conduct and acts on the property.
It is key to let a knowledgeable ATV accident attorney handle your case. Your lawyer can evaluate various insurance policies and determine whether your injuries are covered or excluded.
Be sure to call our Indianapolis accident attorneys at (317) 680-2501 and let us analyze the facts of your case.
Our ATV Accident Attorneys Know When to Settle
Our attorneys know the value of ATV cases. This means we can ensure the responsible parties pay their fair share of damages. We won’t let you settle for less than you deserve.
FAQs about ATV Accidents
If you suffered injuries in an ATV crash, you may wonder where to turn, be concerned about medical bills, be worried about lost wages, and wonder how you can get the most compensation possible. Our ATV accident lawyers are here to answer any questions you may have. Here are some answers to common questions.
No, it doesn’t matter. An ATV is a vehicle that is motorized, with a seat designed to be straddled, and handlebars for steering. ATVs go by different names and have different categories, but they include four-wheelers, side-by-side vehicles, utility ATVs, youth ATVs, snowmobiles, dune buggies, sports ATVs, UTVs, and off-road vehicles.
The good news is that our attorneys work on contingency, which means we don’t get paid unless you do. Our fees are paid by the parties you sue as part of a settlement or jury award.
Our lawyers will handle every aspect of your claim, including (but not limited to):
- Letting you know if you have a legitimate claim, including its strengths and weaknesses
- Providing legal advice through every step of your claim
- Going after all responsible parties
- Assessing the value of your claim
- Proving the at-fault party’s liability
- Organizing evidence to support your claim
- Mitigating potential obstacles and challenges
- Negotiating with insurance companies and other parties
- Retaining experts to testify on your behalf.
Yes. It is in your best interests to work with a lawyer on any personal injury case. Insurance is a business, and the insurance company wants to make your claim “go away” with as little compensation as possible. You can maximize your recovery with the help of a lawyer. We will help make sure you don’t walk away with less than you deserve.
Don’t see an answer to your question? We are happy to help. Reach out to our ATV accident attorneys to talk about your case.
Contract Our Experienced Lawyers for ATV Accidents
Depend on the Experience of Stephenson Rife
Our experienced attorneys work tirelessly for our clients and seek to get you the biggest compensation possible. To help bolster your chances of a successful ATV accident claim, call Stephenson Rife. Our ATV accident attorneys can help navigate the complexities of your claim and tenaciously advocate for you.
For a consultation, contact our ATV accident attorneys at (317) 680-2501.