ATV accidents are a serious safety concern. The United States Consumer Product Safety Commission (CPSC) reports that around 100,000 people are hurt and 900 people are killed in ATV and other offroad vehicle accidents nationwide each year. These accidents can happen for a wide range of different reasons. Within this article, our Wisconsin ATV accident attorneys provide an overview of the most common causes of ATV accidents.
Operator Inexperience
Safe operation of an ATV is complicated. It takes knowledge and practice. An inexperienced operator is far more likely to be involved in a serious crash. Indeed, many ATV accidents happen because the rider lacks the necessary skills to control the vehicle safely. Without proper training, new riders may struggle with maneuvering, braking, and handling rough terrain. For example, a teenager riding an ATV for the first time may panic when approaching a steep hill and end up in a rollover accident.
Speeding
The faster a person is riding an ATV, the higher the risk of an accident. Further, the risk of a serious injury also rises significantly with speed. Indeed, excessive speed makes it harder to control an ATV, especially on uneven ground or tight turns. For example, a rider speeding through a wooded trail may lose control when approaching a sharp turn, crashing into a tree. If that rider had been going at a safer speed, they could have potentially navigated the turn properly.
Joyriding (Reckless)
Riding an all terrain vehicle can be a tremendous amount of fun. It is a very popular recreational opportunity in Wisconsin. At the same time, joyriding should be safe—not reckless. Reckless or aggressive riding can lead to serious accidents. A rider who treats ATVs as toys rather than powerful vehicles are more prone to accidents. For instance, a group of riders attempting to jump over a ditch for fun might misjudge the landing. Without protective gear, they could suffer bad injuries.
Impaired Driving
Alcohol and drugs impair judgment, reaction time, and coordination. Intoxicated riders are more likely to lose control and crash. Imagine that a person drinking at a campsite decides to take an ATV for a ride but misjudges a turn and flips the vehicle. That could have been prevented.
Riding in Unsafe Areas
ATVs are designed for specific terrains, and riding in unsafe locations can lead to serious crashes. Steep inclines, unfamiliar trails, or riding on paved roads pose significant risks. For example, a rider taking an ATV onto a busy road may struggle to maintain control
Poor ATV Maintenance
Lack of maintenance—such as failing to check brakes, tires, or steering components—can result in mechanical failure. A poorly maintained ATV is far more likely to break down mid-ride. For example, an ATV with brakes that have worn down over time without inspection could be dangerous.
ATV Defects
Manufacturing defects or design flaws can cause an ATV to malfunction unexpectedly. If a crucial component fails, even an experienced rider may be unable to prevent an accident. It is important to emphasize that a corporation can be held liable for an accident caused by a product defect.
Wisconsin ATV Accidents: What to Know About Liability
In Wisconsin, liability for an ATV accident is generally based on negligence. If a person operates an ATV recklessly—whether because of speeding, driving under the influence, or ignoring trail regulations—they may be held responsible for injuries and damages. Negligence laws require proving that the at-fault party breached a duty of care and, as a consequence, caused harm to the victim. With that being said, an exception exists for product liability cases. If a defective ATV or faulty part contributed to the accident, the manufacturer could be held strictly liable. In other words, the victims do not need to prove negligence—only that the defect caused the injury.
How Our Wisconsin ATV Accident Lawyer Can Help
Hurt in an ATV accident? You have the right to seek compensation for the full extent of your damages. No matter how your accident happened, we are more than ready to help. At Fitzpatrick, Skemp & Butler, LLC, we have a proven record of verdicts and settlements. Do not take on negligent defendants or insurance companies alone. A free consultation with a top-tier Wisconsin ATV accident attorney carries absolutely no obligations.
Contact Our Wisconsin ATV Accident Lawyer for Immediate Help
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin ATV accident attorney is ready to fight for justice for victims. Reach out to us now or connect with us online to arrange your free, no obligation initial appointment. From our offices in La Crosse, Eau Claire, and Onalaska, we represent ATV accident victims throughout the wide region in Wisconsin and Minnesota.