Michigan ATV Accident Lawyers
If you’re injured in an accident involving an off-road recreational vehicle such as an ATV or utility vehicle such as a truck, the consequences can be catastrophic. Although recreational vehicles by design provide less protection to occupants than passenger cars, the manufacturer often includes other design features to improve their safety on rocky, steep, hilly, rough, and wet terrains. However, these safety features can fail to work properly or users dangerously modify or tamper with the safety devices on these vehicles, which then cause the basis for your claim against the manufacturer, driver, owner, or operator.
If you were injured or a loved one died in an ATV accident and you suspect they had vehicle defect, was improperly modified, or there was a design failure to blame, you need to hire our personal injury law firm with decades of experience proving auto accident cases. Our Michigan ATV accident lawyers at The Joseph Dedvukaj Firm have a powerful and long track record of results in these motor vehicle related matters, and we care about helping our clients recover financially and physically from their serious injuries.
Our all-terrain vehicle (ATV) accident lawyers represent operators and passengers who suffered ATV accident injuries due to:
- ATV modified or disabled safety devices
- Dangerous property conditions that the property owner of the property never disclosed that caused a vehicle to overturn
- Failure to supervision children operating terrain vehicles, ATVs, quadbikes, and four-wheelers
- Improperly maintained all terrain vehicles
- Defective ATV vehicles
- Failing to provide safety equipment like helmets
- Pedestrians hit by ATVs
If you or a family member sustained any injury in a motor vehicle accident involving an involving an off-road recreational vehicle, ATV, or utility vehicle truck, contact our Bloomfield, MI law firm today at 248-352-2110 or toll free at (866) HIRE-JOE. We will give you a free case evaluation with our ATV accident attorney to discuss your potential compensation claim.
Our ATV accident lawyers are passionate about getting you the maximum compensation available for your injuries. According to the consumer product safety commission (CPSC) over 130,000 people each year are injured in ATV accidents.
All-Terrain Vehicles Under Michigan Law
The term ATV is commonly used by people, but the real meaning can sometimes be confusing in the view of the law. Whether you call them four-wheelers, quads, or utility vehicles, states like Michigan define an all-terrain vehicle as:
MCLA 324.81101(b) states:
" (b) "ATV" means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels."
The ATV definition plays a critical role in an ATV accident claim to determine the available insurance coverage to pay your damages. We have resolved many ATV cases through negotiated settlement, but some require a trial lawyer to secure a multimillion-dollar jury verdict for the seriously injured victim.
If you have questions about insurance coverage for an incident, we invite you to discuss your situation with ATV accident attorneys in Michigan who have experience with similar situations.
Injured in an All-Terrain Vehicle Accident? Our Lawyers Can Help You Recover Compensation – Schedule A Free Consultation at 248-352-2110 or toll free at 866-HIRE-JOE.
The Consumer Product Safety Commission Publishes Safety Statistics Regarding Recreational Vehicle Accidents
The published statistics tell us that children and adults are at a higher risk of suffering an injury when they lose control of the ATV vehicle, including a broken bone, paralysis, traumatic brain injury, scarring or even death.
Today our Detroit, Mi ATV vehicle accident lawyers see growing number severe injuries from all-terrain vehicle accidents than we have seen in historically. The danger and cause of the ATV injury trend is explained by these factors:
- In 2018, over 264 people are killed in ATV accidents in the United States.
- Approximately 30% of the people killed in ATV accidents each year are children under 16 years old.
- In 2018, 81,800 injured people sought medical care in an emergency room involving ATV rollovers and crashes, according to the U.S. Consumer Product Safety Commission.
- In 2020 over 300,000 ATVs were sold in North America and an estimated 9.5 million 4-wheel ATVs were in use in 2012.
- Michigan reported 484 ATV deaths cases from 1981 to 2018
According to the Consumer Product Safety Commission, there is a decreasing trend in the reported in recent decades as the number of recreational vehicle injuries.
ATV Accident Causes
Most ATV injuries are avoidable by using common sense and proper training. ATV accidents lead to serious injuries, including internal injuries, broken bones, scarring, traumatic brain injury, and spinal injury. The common causes are:
- Loss of control is a common risk resulting in traumatic injuries
- Driving on an ATV on gravel surface
- Children riding without adult supervision, especially under age 16
- Riding double on the ATV not designed to passengers
- Modified ATV vehicle outside of manufacturer specifications
- Performing dangerous maneuvers
- Operating the ATV on unfamiliar terrain
- Not observing state laws, local ordinances, or safety guidelines
- Drug and alcohol use
Historically, an inexperienced ATV operator is much more likely to be injured using an ATV vehicle than adults and young children who receive the proper safety training.
Children Using ATVs Can Be Safe With Adult Supervision & Other Safety Precautions
Adults have a legal responsibility to implement safety precautions to ensure the safety of children riding ATVs, passengers, and spectators alike. Implementing and enforcing safety rules help reduce ATV accident injuries:
- Provide open area for children to operate ATV vehicle
- Enforce safety rules
- Provide operating safety instruction or training before usage
- Ensure riding at safe speed
- Provide ATV safety equipment such as helmet, eye protection, and clothes
- Maintain ATV equipment
- Make sure ATV operator is familiar with the terrain
- Ensure rider is over 16 years of age
Adults failing to supervise and enforce their responsibilities can be held liable for injuries sustained by children operating an ATV.
An experienced personal injury lawyer can pursue your rights to determine if there is available insurance to cover the damages, especially of the injury occurs at home, campground, or business.
ATV Accidents Caused By Design Or Manufacturing Defects
In some cases, ATV injuries may be due to a manufacturing or design defect. You may have a products liability claim against the manufacturer, distributor, or retailer of the ATV vehicle for your injuries or death.
Signs of a product liability claim can be seen when the manufacturer does a product recall, but some product liability can involve a defectively designed ATV vehicle that may become apparent over time as the ATV vehicle is used.
The Michigan ATV accident injury lawyers at The Joseph Dedvukaj Firm take ATV defect claims seriously and are dedicated to work with industry experts in design engineering to help prove our client’s case. We also successfully represent family members who lost a loved one in an ATV crash or car accident.
Michigan Time Limit For Recreational Vehicle Accident Lawsuit
In Michigan, the law generally sets the statute of limitation at 3 years for filing an ATV accident lawsuit involving an ATV personal injury case. Therefore, you need to consult an experienced personal injury attorney quickly after an ATV accident to protect your legal rights and collect evidence.
Generally, a three-year statute of limitations governs most Michigan personal injury cases, the time for filing a case involving a dangerous product may vary depending upon the unique circumstances, including the age of the injured victim, and date the ATV was sold.
All-Terrain Vehicle Accident
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 Michigan attorneys have answered some of those questions below.
Contact our personal injury law firm today at (248) 352-2110 or toll free at 866-HIRE-JOE to schedule a free case review and confidential case evaluation or discuss your claim. A Michigan trial lawyer is ready to help.
Are ATV Accidents Common?
In 2015, the NHTSA, published crash statistics document there are almost 400,000 ATV accidents every year. Many all-terrain vehicle crash cases involve operators without safety equipment 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 fatalities.
How Many People Die from ATV Accidents a Year?
According to Consumer Product and Safety Commission between 1982 and 2018, there were at least 15,744 ATV-related fatalities. Of these fatalities, 3,353 were children younger than 16, about 1 in 5. According to 2018 data from nonprofit the Insurance Institute for Highway Safety, in 80-90% of the deaths, the victims did not wear helmets.
Experienced or properly trained ATV riders and passengers could have avoided nearly all of these crashes had they followed basic safety guidelines.
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 or severe injuries, property damage, or death. An all-terrain vehicle crash is typically caused by the negligent, wanton, 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 uneven or unstable terrain conditions, especially when the ATV rider is traveling at an unsafe speed.
ATV accidents are similar to other outdoor recreational activities, including injuries caused on jet skis, snowmobiles, water skis, and motorcycles.
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 the vehicle to rollover 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 sources of insurance coverage to pay for your damages.
However, experienced ATV accident lawyers can sometimes find compensation through other means when someone else's negligence caused your ATV injury.
Are Motorcycles Safer Than Quad?
Motorcycles and quad vehicles are designed for different use and environment. Motorcycles are usually designed for driving public roads such as asphalt and concrete. On the other hand, a dirt bike has knobby tires and special shocks that can hold the off-road terrain better than ATVs, and their design help them be stable in almost any environment at higher speeds. A dirt bike can go much faster than an ATV because they are lighter and can take sharp curves.
Individuals are more likely to be injured in ATV accidents traveling on dirt than car accidents on paved roads. ATVs are not designed for use on highways. In addition, ATVs are likely more dangerous to drivers and passengers because of their ease of rolling over, tipping over and crashing due to a lack of control, which can lead to severe and permanent injuries.
Michigan All-Terrain Vehicle Injury Law Firm: Representing Victims of ATV Accident Rollovers and Off-road Injuries
The ORV accident injury attorneys at The Joseph Dedvukaj Firm have represented children and adults injured in an off-road vehicle crash for many years. Our attorneys are committed to finding justice and securing compensation for your medical expenses, pain and suffering, lost wages, and any ongoing disability.
In many cases, our lawyers can resolve your case with the insurance company for the off road Vehicle (ORV) owner under their homeowners or business insurance policy. However, if we cannot resolve the case through out of court negotiation, an experienced Michigan ORV accident trial lawyer will file a lawsuit.
Don't talk to the insurance companies without legal representation. You and your family’s best interest will be served if you maximize your recovery from injuries sustained in an all-terrain vehicle crash. Our personal injury law firm has helped aggressively pursue compensation for victims of ATV accidents. You can heal while your accident lawyers pursue your case and document a solid compensation case for you.
Contact our ATV injury trial lawyers today at 248-352-2110 or toll free at 866-HIRE-JOE.