- Jinks Crow & Dickson
ATV Accident Lawsuits
Accidents involving All-Terrain Vehicles (ATVs) and Off-Highway Vehicles (OHVs) are frequent and can be quite serious. Many include overturning, collisions, and occupant ejection. The Consumer Product Safety Commission’s (CPSC) latest data shows an annual average of more than 700 deaths and an estimated 100,000 emergency department-treated injuries involving them.
How many ATV accidents happen a year?
According to CPSC’s latest report, during a three-year period in the United States, there were:
2,211 deaths associated with OHVs, which include ATVs, recreational off-highway vehicles, and utility-terrain vehicles
ATVs accounted for nearly three-quarters of the deaths.
Nearly 300 deaths were among children under the age of 16.
The CPSC estimates that 112,300 injuries associated with OHVs were treated in U.S. hospital emergency departments in 2020.
Over five years, ATVs were the vehicle involved in 96 percent of OHV injuries.
The following 10 states accounted for 931 deaths or more than 42 percent of the off-highway vehicle deaths: Texas; West Virginia; Pennsylvania; Kentucky; California; Florida; North Carolina; New York; Alabama and Michigan.
Is an ATV accident considered a motor vehicle?
Many think that injuries and deaths involving ATVs cannot be pursued like car wrecks. While off-highway accidents must be handled differently, those responsible can still be held accountable. While they are different than car accidents, ATV accident lawyers experienced in such cases, such as those at Jinks, Crow & Dickson, have been able to recover for their clients.
Legal liability generally stems from negligent, grossly negligent, or intentional conduct. Those who engage in conduct that causes death or injury must compensate for the damage done and may also face punitive damages. This could be the operator of the ATV or the operator of any other vehicle with which a collision occurs.
The law of product liability could also come into play. Many injuries suffered because of ATVs are the result of defective products. ATVs or their components are designed, manufactured, or distributed with defects making them unsafe. Sometimes products that are inherently dangerous have warnings, but often those warnings are inadequate. The failure to adequately warn of dangers can also result in liability for those in a position of giving the warnings.