Avoiding ATV & Off-Road Vehicle Injuries This Summer

Summer brings a spike in ATV and off-road accidents for a very simple reason. People spend more time outdoors during the summer, and that means more riders. The most common causes of these accidents are similar to the causes of ordinary on-road traffic accidents–speeding, inexperienced driving and intoxication.

Other important causes of off-road accidents are poor trail maintenance and defective equipment. Understanding these risks, and observing a few simple safety precautions, are your best chance of avoiding an accident yourself.

Understanding the risks

Because they are designed for off-road use, ATVs (All-Terrain Vehicles) and UTVs (Utility Terrain Vehicles) are built differently than on-road vehicles. They feature open frames (typically with roll cages), and they lack many standard features of on-road vehicles such as air bags and advanced restraint systems. All told, off-road vehicles are considerably more dangerous than on-road vehicles.

Common injuries include head trauma, spinal injuries, and broken bones. These injuries tend to be more severe than those in ordinary traffic accidents because of the lack of safety features that ordinary vehicles possess.

Remote locations

Another danger of an off-road accident is location. Suffer an accident on I-75 and an ambulance is likely to appear quickly, even if you don’t call one. If that accident happens in a forest, help might be significantly delayed depending on remoteness, weather, or lack of cell service.

Safety tips that reduce injury risk

A little common sense can go a long way in reducing your off-road accident risk. Observe the following safety tips:

• Always wear a helmet and protective gear such as goggles, gloves, and a long-sleeved shirt. Goggles can protect your eyes from overhanging branches and other hazards.
• Naturally, you should avoid driving while intoxicated. You may not run into the police, but you may very well run into a serious accident that will make you wish the police were nearby.
• Never ride an off-road vehicle alone. An accident that might result in outpatient care could kill you if there is nobody around to help. It’s not just injuries that can endanger you, but also dehydration and heat exhaustion. Always ride with others, and keep to marked trails.

Observe any other safety tip that you would observe if you were riding an automobile down the highway.

Who can be held liable after an ATV accident?

If you suffer an ATV accident caused by someone else, you may have a personal injury claim of significant value. So who do you file your claim against? That depends on the cause of the accident:

• The driver or reckless riders: If you are a passenger and the driver caused the accident, you can file a claim against the driver. The problem is that ordinary auto insurance usually doesn’t cover ATV and off-road accidents. Sometimes other policies do (homeowners insurance, for example).
• Faulty equipment manufacturers: If your accident was caused by defective safety equipment, you might be able to file a claim against the equipment manufacturer. You might sue the manufacturer of the tie rod, for example.
• Land owners: If a trail defect caused the accident, you might file a claim against the state or federal government, or even a private landowner. Recreational use immunity ( Code § 70-7-101) protects many landowners unless you paid a fee to use the trail or if the landowner acted with gross negligence or willful failure to warn of known hazards.

Your lawyer might be able to identify other potential defendants.

What to do immediately after an off-road accident

If you do suffer an off-road accident, take the following actions as soon as you possibly can:

• Get medical help even if injuries seem minor. Adrenaline can mask the seriousness of an injury.
• Document the scene of the accident and preserve any damaged gear or vehicles. Use your phone to photograph anything that might be useful as evidence.
• Make out an accident report. It’s best to write down every detail of the accident while it is still fresh in your mind. Report it to the police or sheriff just as you would an ordinary traffic accident, or to a park ranger if it occurred in a state park.

Why children are especially vulnerable

The best policy is to simply refuse to take children with you on ATV excursions. In particular, young children tend to be physically vulnerable, and many teens drive recklessly. If you do decide to take a minor along, take these rules into account:

• Although no driver’s license is required to operate an off-road vehicle on private property, children under 16 may not operate adult-sized ATVs unless they are supervised by a licensed adult.
• All riders under 18 must wear helmets when using ATVs or UTVs on public roads or trails. Helmets are strongly recommended on private roads and may be required by any applicable insurance policies.
• It is against Tennessee law to use a UTV to carry children who require a child safety seat or booster on public roads.

Although private property use is less regulated than public property use, the risks are just as real.

When to speak to a personal injury lawyer

An off-road accident may or may not generate a personal injury claim. However, depending on the circumstances, you might qualify for:

• Medical bills and rehab costs
• Lost wages and long-term disability
• Pain, suffering, and loss of enjoyment of life
• Other forms of compensation

Wagner can help

When your health and your finances are at stake, you deserve competent legal counsel who know their way around the Chattanooga legal system. Wagner Workers Compensation & Personal Injury Lawyers has been fighting for the rights of Chattanooga accident victims since 1945.

If you have suffered an ATV or off-road vehicle injury, we are ready to fight for you–simply call us or fill out our contact form to schedule a free initial consultation.