Trusted Wisconsin ATV
We fight for ATV accident victims
Get on Track by Calling Our All-Terrain Vehicle Accident Lawyers Following a Crash
All terrain vehicles are popular in Wisconsin, especially in the summer and fall, when we see entire families riding off road together. Unfortunately, ATVs can get into accidents, and these vehicles have fewer safety features than cars, which means occupants are at greater risk of injury.
If you were hurt in an ATV accident, you probably have significant medical expenses. Many passengers suffer the same serious injuries in an ATV that they would while riding in a car or light truck. They need compensation to cover medical care and lost income, which is why they call our law firm. Let Fitzpatrick, Skemp & Butler, LLC, help you determine whether you can hold someone legally liable for your injuries. Contact us to speak with a Wisconsin ATV accident attorney.
Your Legal Right to Compensation in Wisconsin
In many ways, ATV accidents are analyzed the same as car accidents. If someone else is at fault for your injuries, we can sue them for compensation. A person typically has fault because their negligence caused your accident. Think of someone driving negligently or recklessly and crashing into you or flipping your ATV.
Another situation involves a defective ATV, which malfunctions, causing a crash. For example, the engine might fail, creating a crash hazard. Manufacturers are legally liable when they sell defective products to consumers.
Many people don’t really know what happened, so they don’t know who to sue. Call our firm. We can gather as much evidence as possible and then review it to determine which legal steps make sense.
Anatomy of an ATV Crash
ATV accidents happen for a variety of reasons:
- Risky stunts
- Inexperienced drivers
- Too many occupants in the vehicle
- Driving at an unsafe speed
- Impaired driving
- Distracted driving
Although these vehicles are designed for challenging terrain, many drivers take unnecessary risks, especially going too fast. ATVs are very popular with underage drivers, including teens who cannot get a driver’s license. When adult supervision is missing, then many teens will get into a crash.
ATV Accident Injuries
Most accidents are caused by the ATV flipping over. Passengers are rarely restrained by safety belts, and they can suffer devastating injuries in any type of crash. Most ATVs do not have safety features that a car has, such as electronic stability control or airbags. That means that victims suffer significant bodily harm.
Serious ATV accidents cause:
- Facial injuries
- Neck injuries like whiplash
- Nerve damage
- Back sprain
- Slipped or herniated discs
- Concussion and traumatic brain injury
- Chest injuries, including damage to lungs and heart
- Spinal column injuries
Can You Receive Compensation for an ATV Accident in Wisconsin?
Accidents leave many victims with major expenses. For example, you might be in so much pain you can’t work for several months. Life-threatening injuries could require a stint in the intensive care unit, which costs thousands of dollars each day. Obtaining compensation is critical—especially when an accident is not your fault.
Our Wisconsin ATV accident attorneys might sue any of the following:
- ATV driver. If the driver failed to use reasonable care, then accident victims can seek compensation from them.
- ATV owner. If the ATV which caused the accident wasn’t serviced properly, then the owner could be on the hook for an accident caused by negligent repairs.
- Rental companies. You might have rented an ATV, which crashed due to a defect. Rental companies must ensure their vehicles are safe enough to drive before they rent to the public. When they fail to fulfill this duty, you might sue.
- Property owner. You might have had permission to ride on someone’s land. If a defect on the property causes an accident, then you might sue the property owner, depending on the facts.
- ATV manufacturers. A manufacturer is legally liable when they sell a defective product which causes injuries. We could inspect the ATV to determine if there was a design or manufacturing defect.
- Other defendants. It is hard to know without performing an investigation who might be responsible. In some situations, you might sue parents for negligent supervision of their children. Call our firm to talk with our Wisconsin ATV accident lawyers in a free consultation.
Our Negotiation Strategy
Our ATV accident lawyers have had great success negotiating settlements for our clients. A full-blown lawsuit is rarely necessary to get the defendant to accept liability and pay meaningful compensation for your injuries. We spend considerable time going over our clients’ injuries to best understand how their lives were turned upside down by the wreck.
We strive to obtain compensation for all damages suffered:
- Medical treatment. Any ATV crash could send you to the hospital in an ambulance. Even less severe injuries can bankrupt a person due to the skyrocketing cost of medical care. We seek compensation for ambulance transportation, diagnostic tests, doctor visits, surgery, and prescription drugs. You can also seek damages for the cost of rehabilitation.
- Lost income or wages. Some injuries are so serious that our clients can’t return to work, which means they are not receiving pay. A warehouse worker with a fractured arm, for example, might be stuck at home until it heals because he can’t lift his arm without wincing. You should receive compensation for income or wage loss.
- Property damage. Your ATV might have been damaged in a crash, which means you need it repaired.
- Pain and suffering. These non-economic losses are difficult to gauge. But they include a reduction in your quality of life, physical pain, and mental anguish.
- Schedule a consultation with our firm. We will review your medical records, bills, and paystubs to estimate a dollar value of your claim.
Steps to Take Following an ATV Crash
Your accident claim begins immediately after the collision. This is the best time to collect information and evidence to use in settlement negotiations. You might also make mistakes which impair your claim. Please follow these steps to strengthen your case:
- Call 911 to report the accident. An officer can talk to witnesses and create a police report. Unfortunately, some ATV accidents happen in remote locations where cell reception is spotty. Call if you can get through.
- Talk with witnesses. They might testify in a deposition to explain what happened. First-hand witnesses are a great source of evidence to help us “see” the accident as it unfolded. Ask witnesses for a way to contact them (phone or email).
- Take pictures, if you can. Use your phone to get a few pictures of anything that looks relevant. Try to get one picture showing where your ATV ended up. Also get pictures of any land defects, like giant holes or boulders in the way.
- Photograph the ATVs involved. Did a tire fall off or your ATV flip? Get a picture. Odds are the ATV might be repaired before a lawyer can inspect it in person.
- Refuse any invitation to speak with insurance adjusters. The defendant’s insurer might reach out to chat or request a recorded statement. Please decline until you hire a lawyer. Likewise, don’t even consider a settlement offer until you have secured legal counsel.
- Call Fitzpatrick, Skemp & Butler. We will have other tips for how to build a claim, and we can handle all paperwork for you.
What Makes ATV Accidents Challenging
Our Wisconsin lawyers have tackled many ATV accident cases, and we understand that it’s an uphill climb to get the compensation you deserve. What factors will delay a settlement?
- Disagreements over fault. Maybe another driver blames you for the collision, or a property owner denies they had a duty to improve their property so you could ride on it. A manufacturer or rental company might deny there is any defect on the ATV you used. And, of course, the other side will probably blame you for driving in a reckless manner. A disagreement about fault will slow down the claims process.
- Inadequate insurance. We bring ATV accident cases for compensation to cover your injuries and pain. Some defendants might not have any money to pay a settlement. Maybe they have no insurance, or the insurance they have is inadequate. Our legal team will strive to identify all possible sources of compensation.
- Inaccessible evidence. We need to paint a picture of what happened, otherwise it’s hard to prove liability for the crash. Sometimes, evidence is hard to find with ATV wrecks. The accident scene could be remote, and evidence could wash away or get buried under snow. We might also want to inspect the ATV which crashed, so don’t immediately fix it.
Hire the Right Wisconsin ATV Accident Lawyer
After a crash, you should reach out to a prominent law firm to at least begin talking about a possible legal claim. Fitzpatrick, Skemp & Butler, LLC, is the right firm for you. Our experience and passion for victims’ rights have led to decades of impressive results, including eight- and seven-figure verdicts and settlements for personal injury victims. We are eager to learn more about your accident and injuries. Contact us today to schedule a free consultation.
Attorney William SkempMelissa, Source: Avvo
"Mr. Skemp was so thorough in handling my case.
He was literally the junk yard dog I was hoping to hire and fought for me the whole way. Even when I felt like giving in. His staff is so helpful and kind as well. "
Attorney David FitzpatrickGeorge, Source: Google
"If you been denied SSI, call them they will fight for you and pay nothing unless they win."
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Attorney SCOTT BUTLERAbby, Source: Google
"We hired Attorney Scott Butler after a motor vehicle accident. Immediately a weight was lifted off our shoulders, as he handled everything with the insurance companies, medical paperwork, etc so that we could focus on healing and getting on with life. He is highly attentive, kind and genuine. His communication is fabulous-frequently reaching out just to check on us, prompt in returning calls/emails. Couldn't have had a better experience with our case. My family would highly recommend Scott Butler to anyone."