ATV Accident Attorneys: Chicago, Illinois

At Rosenfeld Injury Lawyers LLC, our personal injury attorneys represent adults and children who have sustained a severe injury in auto accidents involving all-terrain vehicles.

Our all-terrain vehicle accident attorneys represent operators and passengers who suffered ATV accident injuries due to:

• Dangerous conditions that a property owner never revealed that caused a vehicle to flip
• Inadequate supervision of children operating terrain vehicles, ATVs, quad-bikes, and four-wheelers
• Poorly maintained recreational vehicles
• Defective ATV vehicles
• Failing to provide safety equipment like helmets
• People hit by ATVs

If you or a family member sustained a severe injury in a motor vehicle accident involving an ATV, contact our Chicago, IL law firm today at (888) 424-5757. Schedule a free case evaluation with our ATV accident attorneys to discuss your compensation case.

Our ATV accident lawyers are committed to getting you the maximum compensation available for your injuries.

All-Terrain Vehicles 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-wheelers, quads, or mud bikes, 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 crucial role in an ATV accident claim to determine coverage under available insurance policies. While many of these cases are resolved through negotiated settlements, others are handled by trial attorneys seeking justice and multimillion-dollar jury verdicts.

If you have questions about insurance coverage for an incident, we invite you to discuss your situation with ATV accident attorneys in Chicago who have experience with similar situations.

Sobering Safety Statistics Regarding Recreational Vehicle Accidents

Compared with virtually any other recreational activity, statistics tell us that children and adults are at increased risk to suffer an injury when they lose control of the all-terrain vehicle, including a traumatic brain injury, fractured bones, paralysis, or even death.

Today our Chicago, Illinois, vehicle crash attorneys see more severe 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 2019, 37,850 children were injured severely enough to require medical care in an emergency room when involved in ATV rollovers and crashes, according to the U.S. Consumer Product Safety Commission.
• More than 9.5 million 4-wheel ATVs were in use in 2012, and the number of such vehicles in use continues to grow at more than 10% annually.

According to the Consumer Product Safety Commission, the age of injured ATV riders has dropped significantly in recent decades as the number of recreational vehicle injuries has risen dramatically to over 100,000 cases every year.

Common Causes of ATV Accidents

Many of the common causes of ATV accidents that lead to serious harm, including traumatic brain injuries, spinal injuries, and broken bones, include:

• Driving a four-wheeler on an unpaved surface
• Riding double on the four-wheeler not designed to carry a single passenger
• Allowing children to ride without adult supervision
• Letting inexperienced riders take passengers along
• Performing dangerous maneuvers and stunts
• Operating the four-wheeler on unfamiliar terrain
• Not observing state laws and local ordinances

Inexperienced drivers are much more likely to be injured in all-terrain vehicle crashes than adults and young children who received training.

Adult Supervision & Other Safety Precautions Needed For Children To Stay Safe On ATVs

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 ATV 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 in an accident caused by negligence, there may be a potential case against the grown-up.

 

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 vehicles or manufacturing defects. In these incidents, a product liability case may be pursued against the manufacturer, distributor, or retailer of the vehicle for the resulting ATV-related deaths or injuries.

While some product liability cases involving defective ATV components and designs 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.

The Chicago ATV accident injury attorneys at Rosenfeld Injury Lawyers LLC take product defect cases seriously and regularly work with experts in design and engineering to resolve our clients' cases. We also represent surviving family members who lost a loved one in an all-terrain vehicle 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 an ATV accident lawsuit involving an injury case. Be sure to consult with an experienced personal injury attorney early after an incident to protect your legal rights and receive legal advice.

While a two-year statute of limitations governs most Illinois personal injury cases, the time for filing a case involving a hazardous product may vary depending upon the circumstances involved, including the basis for the lawsuit, age of the injured party, and date that the vehicle was sold.

All-Terrain Vehicle Accident FAQs

Our ATV crash injury lawyers know that many families want answers to essential questions on filing a compensation case when another's negligence led to a preventable accident with serious injuries. Our Chicagoland attorneys have answered some of those questions below.

Contact our personal injury law firm today at (888) 424-5757 to schedule a free case review and confidential case evaluation or discuss your claim. A Chicago, Illinois lawyer is ready to help.

How Common Are ATV Accidents?

According to the latest statistics maintained by the NHTSA, there are nearly 400,000 ATV accidents every year. Many all-terrain vehicle crash cases involve drivers without helmets operating their vehicles during nighttime hours or over rough terrain.

ATV manufacturers do not recommend on-road usage. 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 Safety Council, over 130,000 individuals die every year in ATV crashes, and another 700 adults and children die from their injuries. In addition, about one out of three individuals dying in ATV accidents every year are fifteen years old or younger.

Experienced riders and passengers could have avoided nearly all of these crashes had they followed safety advice.

What Does an All-Terrain Vehicle Crash Mean?

The NHTSA identifies an all-terrain vehicle accident as any scenario driving an ATV that results in minor/severe injuries, property damage, or death. An all-terrain vehicle crash is typically caused by the negligent or reckless behavior of the driver or passenger.

How Dangerous are ATVs?

Many adults and older children loved the thrill and excitement of driving an all-terrain vehicle on country roads, up hills, and across open plains. However, these vehicles can be difficult to control in unstable conditions, especially when the ATV rider moves at an unsafe speed.

ATV accidents are similar to other outdoor activities, including injuries on jet skis, snowmobiles, water skis, and motorcycling.

Many all-terrain vehicle crash cases 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 traumatic brain injuries, spinal cord injuries, internal bleeding, broken bones, or organ damage.

Why Are Quads so Dangerous?

A quad (four-wheel ATV vehicle) has an inherent design flaw that causes instability on uneven terrain at high speeds. Moving quickly while attempting a turn can cause the vehicle to roll over unexpectedly, creating life-threatening consequences for the driver and passengers.

Quads are considered an exhilarating, expensive recreation. But even a minor injury could leave the operator and passengers in severe harm, with a traumatic brain injury, concussion, spinal injury, cuts, and lacerations. Moreover, as an extreme sport, quads can lead to preventable death.

Does Insurance Cover ATV Accidents?

Most insurance policies do not provide coverage to pay for victims injured in ATV crashes like the compensation for car, truck, and motorcycle accidents. Usually, the victim must find other coverage on the insurance policy to pay for their damages.

However, ATV accident lawyers can sometimes find compensation through other means when someone else's negligence caused your ATV injury.

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 knobby tires usually have more grip than ATVs, creating a more stable environment at nearly any speed.

Individuals are more likely to be injured in ATV accidents traveling on dirt than car accidents on paved roads. In addition, ATVs are likely more dangerous to drivers and passengers because of their ease of rolling over, tipping up, and crashing due to a lack of control, leading to common injuries.

All-Terrain Vehicle Injury Law Firm: Protecting Victims of ATV Accident Rollovers and Off-road Injuries

The ATV accident injury attorneys at Rosenfeld Injury Lawyers LLC have represented children and adults injured in an all-terrain vehicle crash. Our attorneys are committed to seeking justice and getting you compensation for your medical expenses, pain and suffering, lost wages, and any ongoing disability.

Our lawyers can resolve your case with the insurance company for the ATV owner under their homeowners or business policy in most situations. However, if we cannot resolve the case through negotiation, an experienced Illinois ATV accident lawyer will file a lawsuit.

Don't fight insurance companies without legal representation. You owe it to yourself — and your loved one and family — to maximize your recovery from injuries sustained in an all-terrain vehicle crash. Our personal injury law firm can help aggressively pursue compensation. You can heal while your accident lawyers review your medical records to build a solid case for compensation.

Contact our ATV injury trial lawyers today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free initial consultation. All discussions with our personal injury attorneys remain confidential through an attorney-client relationship.

Resources:

• National Institute of Health – ATV Injuries in Children
• U.S. Library of Medicine – Preventing ATV Vehicle Injuries

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