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The thrill of conquering rugged terrain and the allure of outdoor adventure have made ATVs more popular than ever. However, the features that make them exciting also pose serious risks to riders, passengers, and bystanders. Off-road and ATV accidents can result in traumatic injuries. Whether they happen due to a mechanical failure, an inexperienced rider, or challenging landscapes, knowing your rights is essential.
If you’ve sustained injuries in an Ohio ATV accident, the ATV injury lawyers at Kisling, Nestico & Redick are here to support you. Our experienced legal team can help ensure you get the compensation you deserve.
Call KNR at 1-800-HURT-NOW for a free, no-risk consultation if you or a loved one were hurt on or by an ATV.
An All-Terrain Vehicle, or ATV, is a motorized off-road vehicle designed to travel on four low-pressure tires, with a seat designed to be straddled by the operator and handlebars for steering control.
ATVs and similar vehicles come in various designs and sizes, each built for specific terrain and use.
Each of these vehicles is designed with specific terrains and uses in mind. ATV riders should always ensure they’re using the right vehicle for its intended purpose to maximize safety.
Off-roading accidents can happen in any number of ways. While the leading causes of off-road accidents are losing control, hitting an object, being thrown from the vehicle, and ATV rollovers, most ATV accidents ultimately happen because of the following:
If any of these factors or the negligence of another contributed to an ATV accident in which you or a loved one were injured, reach out to an Ohio ATV accident lawyer to discuss the specifics and your next steps.
Injuries resulting from ATV accidents can be severe due to their exposed nature. From 2016 to 2020, off-road vehicles were associated with an estimated 526,900 emergency room injuries in the U.S.
While some injuries might be minor, such as cuts and bruises, others can lead to life-altering conditions or even fatalities. In 2020 alone, there were 700 deaths attributed to ATVs.
The foremost injury ATV injury is also head trauma, but other commonly observed ATV accident-related injuries include:
Our statewide practice is designed to make going through an accident claim or lawsuit more convenient and accessible for off-road vehicle accident victims. With 12 Ohio locations, KNR is a call or click away.
*KNR also serves Ohio’s rural counties & conducts consultations via Zoom.
Where Do ATV Accidents Happen?
Accidents can occur in various locations due to the versatile nature of off-roading vehicles. While they are designed for off-road use, many accidents occur on paved roads where ATVs are not typically meant to operate.
Other common sites for ATV accidents include dunes, farms, wooded trails, campgrounds, open fields, and private properties. It’s important to note that different terrains pose unique risks, and riders should always be familiar with the area in which they’re operating their ATVs.
Who is Liable for an Off-Roading Accident?
Determining liability in an off-roading accident can be complex due to the unique factors involved. The ATV driver may be at fault if reckless driving or a lack of experience contributed to the accident. However, liability can also fall upon the manufacturer if a defect in the ATV led to the crash.
Additionally, if the accident occurred on private property, the property owner might be held liable if there were inherent dangers they didn’t warn riders about. Establishing responsibility requires a thorough investigation by qualified legal professionals.
What if an ATV Passenger is Injured?
If a passenger is injured during an ATV accident, they may have the right to seek compensation. Their claim can be directed towards the ATV operator if negligence or reckless behavior played a role in the accident.
Similarly, if a mechanical failure was a factor, the manufacturer of the ATV might be held accountable. Passengers, like any other victims of accidents, have the right to compensation for their medical bills, pain and suffering, and additional costs.
What to Do After an ATV Accident?
After an ATV accident, your priority should be ensuring the safety and well-being of those involved. Seek medical attention even if injuries seem minor, as some conditions might not be immediately apparent.
Once everyone’s health is secured, gather details from the scene, including photos, witness info, and other relevant facts. If possible, keep the ATV in its post-accident condition, as it can serve as evidence.
Report the accident to the authorities and consult with an attorney with experience in such incidents to guide you through the legal process and potential insurance claim.
How to Prevent ATV Collisions?
ATV accidents and significant injuries can be prevented by following these safety tips:
If you are involved in an ATV accident, seek medical attention immediately.
You shouldn’t be forced to bear the financial cost of someone’s reckless or negligent behavior. While many ATV accidents happen on private property or among friends and neighbors since they are commonly used as recreation vehicles, this doesn’t mean you should blindly accept a low-ball insurance offer.
Insurance companies only have their interests in mind. By taking too little or forgoing your rights, you may suffer unnecessary stress and pain long after a tragic off-roading wreck.
When an ATV rider, passenger, or bystander is seriously injured or killed because of the another’s negligence, you may have a claim for compensation.
In Ohio, injury victims and surviving family members can potentially recover:
In the event of an ATV-related death, the family may be able to recover wrongful death benefits, including:
An off-roading accident can be traumatic for all involved, and it can be hard to know where to begin. You’ll likely be worried about a long, painful recovery, not to mention medical bills and lost wages. Fortunately, that’s where the ATV accident lawyers at KNR can help.
We will meticulously investigate the crash, help identify all the liable parties, and fight to recover the maximum compensation possible. This is often achieved through a personal injury insurance claim and a negotiated settlement covering your assorted losses.
Unfortunately, insurance providers sometimes undervalue ATV accident claims by diminishing injuries, placing undue blame on the victim, and outright denying genuine claims. Our job is to accurately determine and thoroughly document the costs imposed on you by the ATV accident and fight for a complete recovery.
While most Ohio ATV accident claims are settled, there are times when the interests of the victims are better addressed by a lawsuit and suing the at fault for your off-road accident in court. A lawsuit does more than just compel insurers to take your claim earnestly. It lets you gather crucial evidence during the discovery phase, secure depositions, and introduce expert testimonies, which can be helpful if a large company like an ATV manufacturer is responsible.
Devastating ATV accidents happen more often than you suspect in Ohio, especially in rural counties. Despite their prevalence, victims often have trouble recovering the compensation they need. Whether a fellow rider acted recklessly and caused a collision, or you were hurt because of a vehicle defect, you deserve legal representation that makes the process as easy as possible for you and your family.
Our Ohio motor vehicle attorneys want you to keep more of the compensation you’re entitled to so you can move on after being injured on a motorcycle without the pain of uncertainty.
At Kisling, Nestico & Redick, we will use every available resource, so you recover physically and financially. Call 1-800-HURT-NOW for a free, no-risk consult.