All-terrain vehicles (ATVs) accidents result in nearly hundreds of deaths and over an estimated 150,000 injuries each year. Alcohol, excessive speed, poor judgment and driver inexperience are cited as the leading causes of crash. Accidents occur on roadways, highways, and public and private trails. In 2017 the Consumer Federation of American reported that 349 people dies in ATV related fatalities.
There are many potential causes of ATV accidents. Often, ATV operators crash into trees, property, motor vehicles or other stationary objects. Accidents can also result from unexpected dangerous hazards on private properties and public trails. Cars, trucks and other vehicles can impact ATVs, causing serious and catastrophic accidents.
Inexperience is another major fact in many ATV injuries. Children make up a substantial portion of those injured each year, about 30,000. Age plays a major factor in ATV use and injuries. The experience, age, size of ATV and power can all contribute an injury.
The most popular manufactures of ATVs are Polaris, Honda, Artic Cat, Bombardier, Yamaha, Kawasaki and Suzuki. ATVs are very popular and used in motor sport events. ATV tours of national parks and at other tourist destinations are common. ATVs are very popular in Missouri where they are commonly used for recreation on private and public land. Sometimes ATVs are also used for work, most commonly in rural areas for agricultural purposes.
All-terrain vehicle accidents can result from improper servicing and maintenance of the ATV, manufacturing defects, or design defects. One of the most dangerous aspects of ATVs is the possibility of a rollover. ATVs do not offer any security in the form of a roof or roll bar to protect the driver or passenger.
In far too many crash scenarios, innocent ATV operators and passengers are struck by a vehicle driven recklessly or under the influence of alcohol or drugs.
ATV accidents can lead to serious injuries, including:
Your legal rights after an ATV accident
Whether you were a driver, a passenger or an innocent bystander, victims of ATV accidents have legal rights. ATV drivers who cause accidents can be held liable for money damages if they are found to be negligent in the operation of the ATV. Vehicle owners can be held liable if they entrusted the ATV to an underaged or incompetent driver. Property owners may be held liable if they were aware that ATV operators used their property, and a known danger existed on that property at the time of the accident. However, property owners may have protection from liability under a recreational property statute if the property is outside a city, over ten acres and no fee is charged.
ATV accident claims, and lawsuits allow an injured person to pursue just and fair compensation for physical and psychological injuries that result from the crash. Typical injuries include disability, pain and suffering, and loss of enjoyment of life. Since ATV accidents injuries can lead to extremely high medical bills and cause loss of income for extended periods, lawsuits can also seek to compensate victims for lost wages. If you are self-employed, you can seek lost profits.
In the case of fatal ATV accidents, victims’ families may pursue a wrongful death lawsuit. In such cases, families pursue compensation for the loss of their loved one. The claim may include lost wages, or profits, the victim’s pain and suffering before death, and the loss of the individual for family members. The elements of loss in a wrongful death case include services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support. Cost of the funeral expenses may also be recovered.
No Cost Evaluation
If you or a loved one have been injured because of an all-terrain vehicle accident, your rights are at stake—you need to seek immediate legal advice. At Gump & Faiella, LLC, our experienced injury attorneys have handled ATV cases. The experienced personal injury lawyers at Gump & Faiella are highly knowledgeable in personal injury litigation and have decades of experience in injury law. We fight side by side with injured victims to make sure they and their families receive compensation from the people that caused them to be hurt. We will aggressively pursue your case and work to help you obtain the just and fair compensation you need to rebuild your life.
In the event of a wrongful death, no amount of compensation will replace your loved one. At Gump & Faiella we handle death claims with compassion and understanding. We know how to present your claim in a dignified way and work with you to identify your damages and document your loss. In addition to money compensation, legal claims may change the future behavior of individual and corporate defendants.
In the event you or a loved one has been injured because of a ATV accident, contact the personal injury attorneys at Gump & Faiella by filling out our No-Risk Free Consultation form , or call (800) 264-3455 and speak with one of our attorneys.
Missouri ATV Law Primer
Insurance: Collecting Money in an ATV Accident Case
Safety Tips
Popular Missouri ATV Trail Locations & Names
If you are going to ride an ATV consider using an ATV park or dedicated motor sport trails. Popular ATV trails are located in:
Joplin, MO J & D Off Road Park
Framinton, MO Washita Offroad Trails
Marble Hill, MO Outlaw Off-Road Park
Park Hills, MO St. Joe State Park
Centerville, MO Sutton Bluff Recreation Area
Lincoln, MO The Walters Ranch
Grain Valley, MO Valley Mix
Elkland, MO 3d World Farm Trails
Bonne Terre, MO Big River Sand Drags
Kahoka, MO GooseHoller ATV Park
Patterson, MO Leejak Off Road Ranch
Halfway, MO Legends Paceway
Rolla, MO Mitchells’ Motorcross Park
Halltown, MO Possum Hollow MX
Fulton, MO Potawatomi Offroad Park
Richwood, MO Romp MX
Pineville, MO Rusch Springs Ranch
Old Appelton, MO Sky High MX Park
Canton, MO Smurfwood Trails
Cameron, MO Soggy Bottom Camp
Elkhead, MO Sogg Bottom MX
Gallatin, MO South Big Creek Ranc, LLC
Seymour, MO Southern Missouri Off Road Ranch
Poplar Bluff, MO Bricks Off Road Park
Buffalo, MO Buffalo MX
Chadwick, MO Chadwick Motorcycle and ATV Use Area
Caufield, MO Cloud 9 Ranch
Deepwater, MO Cooper Creek ATV
Columbia, MO Finger Lakes State Park
Jawdin, MO Flat Nasty Offroad Park
Adrian, MO KC Moto
Foley, MO Letz Go Nutz Offroad Park
Merwin, MO Midwest Extreme Park
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