Kentucky ATV Accident Attorneys
Legal help in Lexington and Louisville when you’re hurt in an ATV accident
All-terrain vehicles, or ATVs, are popular here in Kentucky for their ability to access remote and natural locations. Residents and tourists alike also use ATVs for recreation, hunting, fishing, logging, and other reasons. However, when an accident occurs, ATV operators can suffer severe injury due to the lack of protection from the open nature of the vehicle.
If you, your child, or a family member suffered injury in an ATV accident, the Kentucky attorneys at Wilt & Associates want to help. Our legal team can help determine how your accident happened and who (or what) was responsible. When we take your case, we work to secure the financial compensation to which you are entitled for the full scope of your injuries, both now and in the future. Contact us in Lexington or Louisville today.
What is an all-terrain vehicle?
An all-terrain vehicle, or ATV, is a four-wheeled vehicle made to travel off roads and highways, typically on rough terrain. The ATV Safety Institute describes them as follows:
An all-terrain vehicle (ATV) is defined as a motorized off-highway vehicle designed to travel on four low-pressure or non-pneumatic tires, having a seat designed to be straddled by the operator and handlebars for steering control. ATVs are subdivided into two types as designated by the manufacturer. Type I ATVs are intended by the manufacturer for use by a single operator and no passenger. Type II ATVs are intended by the manufacturer for use by an operator and a passenger, and are equipped with a designated seating position behind the operator. Similarly, riders must also consider the various ATV sizes.
They also note that all ATV riders should operate a vehicle intended for their size, children especially.
How dangerous are ATVs?
In a 2020 publication, the U.S. Consumer Product Safety Commission (CPSC) reports the following data regarding ATV accidents between 2015 and 2017 (the most current data available):
- 1,697 fatalities
- 26 incidents with multiple fatalities
- 65% of fatal accidents involved an overturned ATV
- Collisions were the primary hazard in 37% of fatal accidents
- Most collisions involved stationary objects or other vehicles
- Occupant ejections accounted for the majority of fatalities
- Children under 12 represented 48% of fatalities in the under-16 age group
- Between 2015 and 2019, 524,600 people received ER treatment for ATV-related injuries
Here in Kentucky, between 1982 and 2017, 692 people lost their lives in ATV accidents.
Our attorneys will work to investigate the cause of your accident and injuries.
What are common injuries from ATV accidents?
Accidents involving ATVs can cause operators and their passengers severe injuries – especially when the vehicle is traveling at high speed through unpredictable terrain. Accident victims can suffer injuries ranging from serious to catastrophic, including:
- Spinal cord injuries and paralysis
- Burn injuries
- Scarring and disfigurement
- Fractured or crushed bones
- Traumatic amputation injuries
- Lacerations and abrasions
- Traumatic brain injuries
- Internal bleeding and organ damage
- Wrongful death
Our attorneys tap into our network of professional resources to investigate how your accident happened and who should be held responsible.
How do Kentucky ATV accidents happen?
Like many preventable incidents, many ATV accidents are caused by another person or party’s negligence or carelessness. If your or your loved one’s accident and injuries were not your fault, you are likely eligible to file a personal injury claim against the negligent party. Some of the common causes of ATV accidents include:
- Operating an ATV under the influence
- Lack of ATV driving experience
- Driving an ATV while distracted
- Reckless driving
- Operating an ATV in improper conditions
- Mechanical failure
Negligence can also include things like an ATV owner or rental company allowing an inexperienced or underaged driver to operate an ATV unsupervised. Owners may also be held liable if they leave an ATV accessible to children on their property, under Kentucky premises liability law.
What are Kentucky’s ATV laws?
The state of Kentucky has a variety of regulations around the use of all-terrain vehicles, per KRS 189.515. For example, ATVs may only be operated in certain areas:
- “A person shall not operate an all-terrain vehicle upon any public highway or roadway or upon the right-of-way of any public highway or roadway.
- A person shall not operate an all-terrain vehicle on private property without the consent of the landowner, tenant, or individual responsible for the property.
- A person shall not operate an all-terrain vehicle on public property unless the governmental agency responsible for the property has approved the use of all-terrain vehicles.”
Further, ATVs may only be operated by certain people:
- Parents or guardians may not knowingly allow children under 6 to operate an ATV
- Children under 16 may not operate an ATV without direct parental supervision
- Parents of children under 16 or those without a permit or license cannot carry a passenger while operating an ATV
There are also different laws that apply to ATVs for those working in agriculture. The attorneys at Wilt & Associates can explain the specifics of your situation in a free personal consultation.
What is the value of my Kentucky ATV accident claim?
To maximize the value of your ATV accident claim, our lawyers work with you or your loved one to determine how much your life has changed due to the accident. This means assigning a number to both your economic (financial) and non-economic (non-financial) damages. In personal injury cases, we typically seek compensation for:
- Medical expenses, current and future
- Lost income, future wages, and earning potential
- Pain and suffering
- Property damage
- Diminished quality of life
- Loss of companionship
- Scarring and disfigurement
- Emotional distress
Since every person, every accident, and every injury is different, the value of your case will depend on the unique circumstances of your case. However, our attorneys dedicate themselves to maximizing the value of your claim.
Do you have an ATV accident attorney near me?
Wilt & Associates has offices in Louisville and Lexington:
If you are too injured to travel to us, we can arrange a phone or video conference. We also make hospital visits when necessary.
Experienced ATV accident lawyers serving Louisville and Lexington
The Kentucky attorneys at Wilt & Associates are here to help if you or a loved one were injured in an all-terrain vehicle accident. Injuries from ATV accidents tend to be severe, and we are here to help you secure all the compensation to which you are entitled. Let us advocate on your behalf. To schedule a free compensation, please call 502-253-9110 or fill out our contact form today. We maintain offices in Lexington and Louisville, and proudly serve clients throughout Kentucky.