ATV Accident Lawyer
The personal injury attorneys at Rosenfeld Injury Lawyers LLC represent adults and children who have sustained a serious injury in auto accidents involving all-terrain vehicle accidents.
Our all-terrain vehicle accident attorneys represent 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
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 financial 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-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 3 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 personal injury claims involving ATV accidents 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 more apt to suffer an injury of a significant nature, such as a traumatic brain injury, fractured bones, paralysis, or even death.
Today our Chicago, Illinois vehicle accident attorneys 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 2015, 37,700 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 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.
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, 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 a poorly designed vehicle or manufacturing defects. In these cases, a product liability case may be pursued 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.
The ATV accident attorneys in Chicago, IL at Rosenfeld Injury Lawyers LLC take product defect cases seriously and regularly work with experts in the fields of design and engineering to assist in providing our clients’ cases. We also represent surviving family members who lost a loved one in an ATV accident or car accident (wrongful death).
Time Constraints To File An Illinois Recreational Vehicle Accident Lawsuit
The time for filing an ATV accident lawsuit involving an injury case is governed by the applicable statute of limitations. While most Illinois personal injury cases are governed by a two-year statute of limitations, 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 that the vehicle was sold.
Be sure to consult with an experienced ATV accident attorney in Chicago early after an incident to protect your legal rights and receive legal advice.
All-Terrain Vehicle Accident FAQs
Our ATV accident 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 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 consultation to discuss your case. 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 ATV accident cases involve drivers without helmets operating their vehicles during nighttime hours or on 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 Security Council, over 130,000 individuals die every year in ATV crashes, and another 700 adults and children die from their injuries. About one out of three individuals dying in ATV accidents every year are fifteen years old or younger.
Riders and passengers could have avoided nearly all of these crashes had they followed safety advice.
What Does an ATV Accident Mean?
The NHTSA identifies an ATV accident as any scenario driving an ATV that results in minor/severe injuries, property damage, or death. An ATV accident 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 driver is moving at high speed.
ATV accidents are similar to other outdoor activities including injuries on jet skis, snowmobiles, water skis, and motorcycling.
Many ATV accident 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 injury, spinal cord injuries, internal bleeding, 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 and 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 cord damage, cuts, and lacerations. As an extreme sport, quads can lead to preventable death.
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 an ATV, creating a more stable environment at nearly any speed.
All-terrain vehicles 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.
All-Terrain Vehicle Injury Law Firm: Protecting victims of ATV Accident rollovers and off-road injuries
The ATV accident attorneys at Rosenfeld Injury Lawyers LLC have represented children and adults injured in an ATV 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. If we cannot resolve the case, an experienced Illinois ATV accident lawyer will file a lawsuit.
Don’t fight insurance companies on your own. You owe it to yourself — and your loved one and family — to maximize your recovery for injuries sustained in an ATV accident. We can help. You can heal while your lawyer reviews your medical records to build a solid case for compensation.
Contact our ATV accident trial lawyers 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 firm in Chicago, IL through voicemail, email, or text message. Our law firm is currently following CDC (Centers for Disease Control and Prevention) Covid-19 guidelines to ensure everyone's safety.
- National Institute of Health – ATV Injuries in Children
- US Library of Medicine – Preventing ATV Vehicle Injuries