Chicago ATV Accident Lawyer
Rosenfeld Injury Lawyers LLC represents adults and children who have sustained a serious injury in an auto accident involving all-terrain vehicle (ATV) accidents in the Chicago area and across the State of Illinois.
Our law firm represents operators and passengers who suffered ATV-related injuries due to:
- Dangerous conditions that a property owner never revealed that caused a vehicle to flip
- Inadequate supervision of children operating ATVs
- Poorly maintained recreational vehicles
- Defects with the ATV vehicles
- Failing to provide safety equipment such as helmets
- People hit by ATVs
Did you or a family member sustain a severe injury in a motor vehicle accident involving an all-terrain vehicle? If so, contact our office for a free consultation to ensure you receive maximum financial compensation for your injuries.
Our Chicago, Illinois based ATV accident lawyers are here to help you recover the maximum compensation the law allows.
What is an ATV Under Illinois Law?
The term ATV is tossed around with such regularity that it sometimes can be confusing as to its meaning in the eyes of the law. Whether you call them sports bikes, four-wheeler, quad or mud bike states, like Illinois, define an all-terrain vehicle as:
(625 ILCS 5/1-101.8) (from Ch. 95 1/2, par. 1-102.02)
"Sec. 1-101.8. All-terrain vehicle. Any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 900 pounds or less, traveling on three or more low-pressure tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers."
This definition plays a vital role in personal injury claims involving ATV accidents to determine coverage under available insurance policies.
If you have questions about insurance coverage for an incident, we invite you to discuss your situation with an ATV accident lawyer in our office who has experience with similar situations.
Sobering Safety Statistics Regarding Recreational Vehicle Accidents
Compared with virtually any other recreational activity, statistics reveal that children and adults are more apt to suffer an injury of a significant nature such as a traumatic brain injury, fractured bones, paralysis, or even death. Today we see more injuries from recreational vehicle accidents than we have seen in the past.
Below are some statistics verifying this trend.
Over the last decade, more than 100 children have died every year in ATV accidents in the United States.
In 2018, 38,100 children were injured severely enough to require emergency room treatment related to ATV rollovers and crashes, according to data from the U.S. Consumer product safety commission.
More than 8.7 million 4-wheel ATVs were in use in 2017, and the number of such vehicles in use continues to grow at more than 10% annually.
Adult Supervision & Other Safety Precautions Needed for Children to Stay Safe on ATV's
Adults allowing a child to ride an ATV under their supervision have a legal responsibility to implement common-sense precautions to ensure the safety of riders, passengers, and spectators alike.
Implementing these precautions can go a long way towards reducing the number of accident cases and their severity.
- Provide a safe area for children to operate their vehicle
- Provide instruction on usage
- Provide ATV safety equipment (helmets and pads)
- Maintain equipment
- Only use in areas where all ATV riders are familiar with the terrain
- Use machines appropriate for the child's age and size
When adults fail to uphold their responsibilities, and a child sustains an ATV injury, there may be a potential case against them.
A personal injury lawyer working on your behalf can determine if there is available liability insurance to cover the loss, primarily if the injury occurs at a person's home, business, or camp.
ATV Accidents Related to Defects in the Design & Manufacturing of the Machine
Other types of ATV injuries may be due to poorly designed or manufacturing defects. In these cases, victims might pursue a product liability case against the manufacturer, distributor, or retailer of the vehicle for the resulting injuries or death.
While some product liability cases involving all-terrain vehicles may involve well-known defects that were readily identified by the manufacturer or through product recalls, other product liability cases involving defective vehicles may not be apparent until the vehicles have been in use for some time.
Rosenfeld Injury Lawyers LLC takes product defect cases seriously and regularly works with experts in design and engineering to prove our clients' cases. We also represent surviving family members who lost a loved one in an ATV crash or car accident (wrongful death).
Time Constraints to File an Illinois Recreational Vehicle Accident Lawsuit
The applicable statute of limitations governs the time for filing a lawsuit involving an injury case. While a two-year statute of limitations governs most Illinois personal injury cases, the time for filing a case involving a dangerous product may vary depending upon the circumstances involved, including the basis for the lawsuit, age of the injured party, and date the sale of the vehicle.
Be sure to consult with an experienced recreational vehicle accident attorney early after an incident to protect your legal rights and receive legal advice.
All-Terrain Vehicle Accident FAQs
How Common are ATV Accidents?
According to the latest statistics maintained by the NHTSA, there are nearly 400,000 ATV accidents every year. Many of these accidents involve drivers without helmets operating their ATV vehicle during nighttime hours or on rough terrain.
ATV manufacturers do not recommend on-road usage of their vehicles. Even so, many operators drive their all-terrain vehicles illegally on public roads, leading to many severe injuries and fatal accidents.
How Many People Die From ATV Accidents a Year?
According to the National Security Council, over 130,000 individuals die every year in ATV crashes, and about 700 adults and children die from their injuries. Approximately one out of three individuals dying in ATV accidents every year were fifteen years old or younger.
Riders and passengers could have avoided nearly all these crashes had they followed safety advice.
What Does an ATV Accident Mean?
The NHTSA identifies an ATV accident as any scenario where driving all-terrain vehicles result in minor/severe injuries, property damage, or death. Many of these accidents are caused by the negligence or reckless behavior of the driver or passenger and could have been prevented.
How Dangerous Our ATVs?
Many adults and older children enjoy the thrill and excitement of driving an all-terrain vehicle on country roads, up hills, and across open plains. However, these vehicles can be challenging to control in unstable conditions, especially when they drive at high speed.
Many ATV accidents involve collisions and rollovers that result in severe injuries and fatalities. Most moderate to severe injuries require a visit to the emergency room for an accurate diagnosis that might include head trauma, brain injury, spinal cord damage, internal bleeding, or organ damage.
Why are Quads so Dangerous?
Quads (four-wheel all-terrain vehicles) have an inherent design flaw that causes instability on uneven terrain and high speeds. Moving quickly and not making turns could cause the vehicle to roll over unexpectedly, creating life-threatening consequences for the driver and passengers.
Are Quads Safer Than Motorcycles?
Both vehicle types are designed for different environments. Street motorcycles are designed for driving on asphalt and concrete. Dirt bikes with nobby tires usually have more grip than an ATV, creating a more stable environment at nearly any speed.
All-terrain vehicles are likely more dangerous to drivers and passengers than motorcycles because of their ease of rolling over, tipping up, and crashing due to a lack of control.
Illinois ATV Accident Attorneys Working to Protect Rollover Victims Suffering Off-Road Injuries
The Illinois ATV accident attorneys at Rosenfeld Injury Lawyers LLC represent children and adults injured ATV crashes. Our firm is committed to getting you compensation for your medical expenses, pain and suffering, lost wages, and any ongoing disability.
Don't fight insurance companies on your own. You owe it to yourself — and your family — to maximize your recovery for injuries sustained in an ATV accident. We can help.
In most situations, we can resolve your case with the insurance company for the ATV owner under their homeowners or business policy. If we cannot resolve the case, an experienced Illinois ATV accident lawyer will file a lawsuit.
Contact our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation. All discussions with our personal injury attorneys remain confidential through an attorney-client relationship.
Please do not send sensitive information to our Cook County law office through voicemail, email, or text message.