ATVs, jet skis, wave runners and speed boats are wildly popular in Wisconsin. When accidents happen, insurers are quick to point to an assumption of risk. You have a right to enjoy your recreational hobbycraft. If your injury was caused by an unsafe machine or property, you are likely entitled by law to considerable cash compensation. This is one of many auto liability matters our firm handles.
Riding recreational vehicles like ATVs, snowmobiles, jet skis, speedboats and wave runners has become an integral and well-loved part of Wisconsin culture. Many insurance companies would have you believe the enjoyment of these recreational activities is predicated on an assumption of inherent risk by the operator. In their minds, any accident is entirely the fault of the operator. However, when accidents occur as a result of the negligence or bad practices of manufacturers or property owners, these insurers are often liable for large fiscal penalties.
Our Milwaukee personal injury lawyers have a reputation for securing huge judgments and settlements for ATV and watercraft injury victims. Monetary damages escalate even higher when missed time at work and medical bills enter the picture. The experienced personal injury attorneys of our Milwaukee law office will meticulously prepare your personal injury lawsuit for litigation to ensure the maximum possible compensation for the injuries you have received.
ATVs and UTVs offer none of the basic safety protections that enclose occupants in a standard motor vehicle. There are no doors, no airbags, and in the case of traditional ATVs, no seatbelts. Riders sit fully exposed, which means any loss of control can result in ejection, crushing, or being pinned beneath the vehicle.
Rollovers are a defining hazard. According to data from the U.S. Consumer Product Safety Commission (CPSC), the OHV overturned in 66% of emergency-treated injuries, and the victim was ejected in 70% of injuries. Those numbers reflect why ATV crashes so frequently produce catastrophic outcomes.
A significant share of ATV accidents also occur on roads and highways, environments where these vehicles were never designed to operate. Operating an ATV on a paved public road dramatically increases the risk of a collision with a passenger vehicle, and the ATV rider bears virtually all of the physical consequences.
Nationally, the CPSC reports an annual average of more than 800 deaths and approximately 100,000 emergency department-treated injuries involving off-highway vehicles. The severity of these injuries, which range from fractures and crush injuries to traumatic brain injuries and death, makes ATV accident cases among the most consequential personal injury matters an attorney can handle.
For current Wisconsin crash data, visit the Wisconsin DNR ATV Crash Information page. For national safety data, visit the CPSC Off-Highway Vehicle Safety Information Center.
Understanding what caused your accident is the foundation of any successful injury claim. The following are the most frequently documented causes of ATV and UTV crashes in Wisconsin and across the country.
ATVs have a high center of gravity and are susceptible to tipping, especially on uneven terrain, steep inclines, or during sharp turns at speed. Rollovers account for a disproportionate share of serious and fatal ATV injuries. The absence of a protective enclosure means riders have little protection when a vehicle tips.
ATVs are off-road vehicles. When operated on paved public roads, they face traffic moving at speeds they cannot safely match and encounter road surfaces they are not engineered to handle. Wisconsin DNR data consistently shows that a large majority of fatal ATV and UTV crashes occur on public roadways.
Alcohol is a factor in a significant percentage of ATV and UTV fatalities in Wisconsin. Impaired riders have reduced reaction times, compromised judgment, and diminished ability to control the vehicle. Riding under the influence is both dangerous and legally actionable.
Speed, careless operation, and reckless riding are among the top contributing factors identified by Wisconsin DNR wardens. High speeds reduce the margin for error on trails, roads, and open terrain, and they dramatically increase the force of impact in a crash.
Wisconsin law requires ATV operators born on or after January 1, 1988, to complete a safety certification course. However, gaps in enforcement and private-property exemptions mean many riders operate without adequate training. Inexperienced riders are significantly more likely to cause accidents.
Not every ATV accident is the result of operator error. Defective brakes, faulty steering components, electrical failures, and design flaws have all been linked to serious crashes. When a manufacturer defect causes or contributes to an injury, the manufacturer may be held liable under product liability law.
Warshafsky Law represents clients injured in a wide range of ATV and off-road vehicle accidents, including:
If you have been injured by the carelessness of a drunken ATV operator, the personal injury attorneys of Warshafsky Law will aggressively pursue the highest possible monetary compensation for your injuries. Our top Milwaukee car accident attorneys, and asbestos lawyers have a reputation for being relentless advocates for our clients and the insurance companies we face off against in court know we never settle for inadequate compensation. In the worst scenarios involving fatalities of loved ones, our wrongful death attorneys will compel those responsible to make restitution.
One of the most important questions in any ATV injury case is identifying who is legally responsible. ATV accidents often involve multiple potentially liable parties, and a thorough investigation is essential to building the strongest possible claim.
Liability often involves more than one party. Our attorneys conduct a comprehensive investigation to identify every responsible party and pursue the full value of your claim.
Because ATVs offer minimal occupant protection, the injuries sustained in these crashes are frequently severe. Common catastrophic injuries our clients have suffered include:
To recover compensation in an ATV accident case, your attorney must establish the legal elements of your claim and build a body of evidence that supports each one. At Warshafsky Law, we prepare every case as if it will go to trial, because that preparation is what compels insurance companies to pay what your case is actually worth.
To win, you must prove:
Evidence used to build your case may include:
ATV and UTV accident cases present legal challenges that do not arise in standard car accident claims. Attorneys who handle these cases must understand the unique intersection of off-road vehicle law, premises liability, product liability, and insurance coverage issues that define them.
The way many law firms handle personal injury lawsuits, you have to wonder if they’ve ever even set foot in a courtroom. Typically, they’ll advise their client (hopefully not you!) to accept a settlement offer from an insurance company. Their MO is to get the whole thing over with as quickly as possible, collect their cut of the settlement and move on to the next hapless victim. If they enter a courtroom at all, it’s merely as a formality to inform the judge a settlement has been reached.
When people choose their Wisconsin personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages. Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky.
Instead, Warshafsky prepares your case from day one for full-scale litigation before a judge and jury. By being fully prepared to argue your case at trial, we make it known to the insurance company that we are dead serious about holding them accountable. After countless record-setting judgments on behalf of clients in all sorts of personal injury lawsuits, insurance companies know by now we’re not going to play footsy with them when we sit down to talk settlement. We’re going to insist on the maximum possible dollar figure for you. If they don’t agree, we take the matter to court.
If you were injured in an ATV or UTV accident caused by another party’s negligence or a defective vehicle, you may be entitled to recover compensation for the full range of losses you have suffered. Depending on the facts of your case, recoverable damages may include:
Never make a pain and suffering claim without a lawyer. The lawyers for insurance claims and workman’s comp attorneys at Warshafsky have your back in helping you obtain maximum compensation for your case.
Responsibility depends on the circumstances. The ATV operator may be liable for reckless or impaired riding. A property owner may be responsible if hazardous conditions on their land contributed to the crash. A manufacturer may be liable if a defective ATV or component caused the accident. Rental companies and other drivers on the road can also share responsibility. Many ATV accident cases involve more than one liable party, which is why a thorough investigation is essential.
Yes. If your injuries resulted from another party’s negligence, a defective vehicle, or unsafe property conditions, you have the right to pursue a personal injury claim under Wisconsin law. Wisconsin’s statute of limitations for personal injury cases is generally three years from the date of injury, so it is important to act promptly.
The most common causes are rollovers, excessive speed, alcohol or drug impairment, inexperienced or underage operators, and operating ATVs on public roads or highways. Wisconsin DNR data confirms that the majority of fatal ATV and UTV crashes involve one or more of these factors.
No two cases are identical. The value of your claim depends on the severity and permanence of your injuries, your total medical expenses, your lost income, the degree of pain and suffering you have experienced, and the strength of the liability evidence. Cases involving catastrophic injuries, long-term disability, or wrongful death typically involve substantially higher damages. The best way to understand the value of your specific case is to speak with an experienced Milwaukee ATV accident lawyer.
Often yes. ATVs have no enclosing structure, no airbags, and in many configurations no seatbelts. CPSC data shows that riders are ejected in approximately 70% of injury-producing OHV crashes. The injuries sustained in ATV accidents tend to be more severe than those in comparable car accidents, and fatality rates relative to vehicle miles traveled are significantly higher.
First, seek medical attention immediately, even if you feel your injuries are minor. Some serious injuries, including internal bleeding and traumatic brain injuries, are not immediately apparent. Document the scene with photographs, preserve the vehicle in its post-accident condition, gather contact information from witnesses, and report the incident to law enforcement as required by Wisconsin law. Before speaking with any insurance company, contact an experienced ATV accident attorney. Early legal involvement protects your rights and preserves critical evidence.
If you’re struggling to pay off medical bills as a result of your injuries, you’ll be pleased to learn there won’t be any legal bills from us until you receive compensation. We will represent you throughout the entire process at no cost to you. Since our payment depends on how big of a settlement or judgment we win for you, rest assured that we are highly motivated to get you the highest compensation possible. You don’t need to have deep pockets to pursue legal action against those responsible for your injuries. Not with Warshafsky Law on your side.
Learn more about ATV and off-road vehicle injury claims, catastrophic injury law, and your rights as an injury victim in Wisconsin. The resources below may be helpful as you consider your legal options.
Warshafsky Law is available 24 hours a day, 7 days a week to take your call. Your initial consultation is completely free. We charge no legal fees unless and until we win compensation for you. Call now or contact us online to speak with a Milwaukee ATV accident lawyer today.
