An accident involving an all-terrain vehicle (ATV) or a utility task vehicle (UTV) often results in serious injuries and may be more difficult, legally speaking, than a typical traffic accident for several reasons:
At Holland Injury Law, LLC, we urge you not to throw up your hands thinking there is no source of compensation available after an ATV or UTV accident. When our determined personal injury attorneys investigate such crashes, we often succeed at discovering who should be responsible for compensating the injured person. When a car, truck, tractor, or another off-road vehicle strikes an ATV or UTV, there may be more complicating factors, as well as more opportunities for recovery of compensation.
A detailed investigation may reveal that the ATV or UTV had defects, in which case a product liability claim against the manufacturer may be an appropriate avenue for relief. Another liable party may be a property owner, the driver of another vehicle, or anyone who was in charge of the ATV or UTV and/or responsible for the safety of the person who was injured.
Sometimes, unexpected sources of compensation can provide financial recovery for the injured person or for surviving family members after a fatal accident. It might be an insurance policy held by a member of the household of the injured person, for example. The skilled personal injury attorneys at Holland Injury Law know where to look.
Insurance coverage and liability can be confusing. The best way to learn more about your specific case is to contact the experienced St. Louis ATV accident lawyers at Holland Injury Law, PLLC—but in the meantime, here are answers to some of our clients’ most common questions:
Many riders assume ATVs and UTVs fall outside insurance. However, you may still have a claim if a negligent driver caused the crash, a property hazard contributed to the accident, or a defective part failed. Each policy defines what it covers and where, so it helps to have one of our lawyers review the language early.
Coverage depends on the policy and the surrounding circumstances. Some owners buy a specific off-road policy, while others rely on coverage tucked into a homeowner’s or umbrella plan. Auto insurance may also cover your injuries.
Yes, you may bring a claim on your child’s behalf. Missouri and Illinois allow parents to pursue compensation for injured minors. In addition to other damages, compensation may include your lost wages for any time you took off work to care for your child.
A rollover can still create a valid ATV rollover claim. Many rollovers occur because of issues like:
Alternatively, you may have a product liability claim if the vehicle lacked stability or had a faulty part. Property owners could be liable when obscured drop-offs or unexpected obstacles contributed to the crash. These accidents are fact-specific, so it’s important to preserve the vehicle as-is.
You may have a premises liability claim if a St. Louis, MO, property owner failed to keep the land reasonably safe. Liability may apply when property hazards caused or contributed to the crash, like:
Similarly, if the owner gave you permission to ride but didn’t disclose dangerous conditions, they may be liable.
There are a few things you can do to protect yourself and your right to file a claim:
Generally, you could still recover damages even if you weren’t wearing a helmet. The absence of a helmet doesn’t block a claim on its own. Missouri uses a pure comparative fault system, meaning your compensation may be reduced by your percentage of fault. Illinois uses a modified comparative negligence system, so you may recover as long as you’re not more than 50% at fault. Other factors, like the ATV and property conditions and the driver’s actions, also contribute to the ultimate liability determination. The skill and experience of your attorney are also important.
We will not let a client of our firm fail to recover compensation without a fight. We will leave no stone unturned as we look into the facts of the accident and document the injured person’s losses. For best results, get our trial lawyers on the case as soon as possible while the evidence is fresh and accessible.
The sooner you get an attorney on the case, the more opportunities there may be to recover compensation for someone injured in an ATV or UTV accident, or for surviving family members. Schedule a free consultation and experience our fierce pursuit of the right result. Call 314-888-7888 or send an email message without delay.
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