What You Should Know About All-Terrain Vehicle (ATV) Accidents

Residents of North Dakota enjoy riding all-terrain vehicles (ATVs), dirt bikes, and many other on- and off-road vehicles just for fun. ATVs can be very dangerous, though. They’re more prone to fall over than other vehicles, and they offer little protection in case of an accident.

If you are injured on an ATV, we can help. But ideally, you can avoid injuries altogether by following some basic safety rules and taking some precautions.

Why are ATVs dangerous to ride?

ATVs usually have three or four wheels, though only 4-wheel ATVs are legal here. As their name suggests, you can ride them on various types of terrain including dirt, gravel, land, sand, swamp areas, snow, and ice. They are designed to be driven off the main streets and roads. ATVs generally have large, low-pressure tires.

Some of the reasons all-terrain vehicles can be dangerous are:

• Many teens and young adults who operate an ATV don’t understand the precautions they should take. A beginner’s course can set these operators in the correct direction.
• Many experienced ATV riders are overconfident. They take many risks they shouldn’t, which results in serious and sometimes fatal accidents. ATV operators must use caution, drive in accordance with the weather conditions, and understand the places and paths an ATV can’t go.
• Many operators combine drinking and driving an ATV. Just as no driver should operate a car or truck while intoxicated, no ATV driver should drink then drive – or worse, drink while operating their ATV. Intoxication causes slow reaction times, a lack of control, and increases dangerous risk-taking behaviors.
• Not having the correct protection. Unlike a car or a truck, ATVs don’t have hoods, trunks, and full frames. They’re mostly tires and metal. ATV crashes can result in catastrophic or fatal injuries. At a minimum, riders should wear helmets and goggles designed for crashes.

In North Dakota, youth between ages 12 to 15 are required to take a safety class to legally operate off-highway vehicles. Often, however, many of the victims of ATV accidents are teenagers and children.

Who is liable in an ATV accident in North Dakota?

In ATV accidents, the owner of the property where the accident occurs may be liable. In North Dakota, riders who use another person’s land free of charge for recreation cannot bring a suit against the landowner for defects unless it is a known danger. Or, the manufacturer of an ATV with a defective part, such as defective brakes or tires may be liable for the accident. Finally, the ATV operators themselves are liable to everyone hurt in an accident they cause – other than themselves.

What are common injuries from ATV accidents?

ATV accidents can lead to:

• Traumatic brain injury
• Spinal cord damage
• Neck, shoulder, and back injuries
• Broken bones
• Crushing injuries and/or loss of limb
• Damage to muscle, joints, tendons, ligaments, and nerves
• Internal organ damage
• Cuts, bruises, and sprains
• Burn injuries

In the most tragic cases, a collision or turnover can be fatal.

Recommendations for safe driving and riding

The Consumer Product Safety Commission (CPSC) recommends that ATV operators:

• Avoid driving on paved roads
• Should not drive with any passengers
• Should take a hands-on safe driving course
• Wear a helmet, eye protection, boots, gloves, long pants, and a long-sleeved shirt

Anyone involved in an ATV accident should contact the police if anyone was seriously injured. Victims should go to the nearest emergency room or see their family doctor as soon as possible.

You should report the accident to your own insurance company, but do not discuss your case with the insurance company representing the people or companies that caused your injuries.

Do I need an attorney for my ATV accident claim?

Legally, you never have to call a lawyer – but doing so can certainly help you in the long run. It’s important to speak with an experienced Minot vehicle accident lawyer if you are hurt, because these cases can be complicated.

Your lawyer will arrange to investigate the scene and the cause of the accident. He’ll work to hold all responsible people liable for your injuries and damages. Your lawyer will work with your doctors to verify all your injuries, the treatments you need, and just how much pain and suffering you have experienced due to your accident.

Larson Law provides comprehensive counsel to injury victims in Minot, Bismarck, and throughout North Dakota. We represent drivers, passengers, pedestrians, bicycle riders, and ATV riders and operators. We demand compensation for all your economic and non-economic damage. Contact us today at 701-484-HURT, or complete the contact form to schedule a free consultation. We handle accident cases on a contingency fee bas