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ATV/UTV Accidents

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While riding ATVs and UTVs on public and private land in Wisconsin is an exciting and enjoyable recreational activity, it can also be dangerous. These vehicles are heavy and have a lot of power, and if something goes wrong while riding them, it can cause serious injury or death.

If you were in an ATV/UTV accident, understanding your rights and the laws that apply to these vehicles is crucial for seeking the compensation you deserve. Contact Peterson, Berk & Cross, S.C., to speak with one of our experienced ATV/UTV accident lawyers about your case. We’ll review your case’s details and walk you through the legal process so you know what to expect going forward.

What Are ATVs and UTVs?

Although the terms of ATV (all-terrain vehicle) and UTV (utility terrain vehicle) may be used interchangeably by sellers, manufacturers, and users, Wisconsin law treats ATVs and UTVs differently. By law, motor-driven devices must have certain characteristics to be considered an ATV, and other characteristics to be considered a UTV. These characteristics include, but are not limited to: the weight, width, and number of tires for the motor-driven device. By law, UTVs do not include golf carts, low-speed vehicles, dune buggies, mini trucks, or tracked vehicles.

ATVs and UTVs are also not typically considered “motor vehicles” like cars, trucks, and motorcycles because they are primarily meant for off-road use. This distinction is important for insurance and registration purposes and may impact your case.

Common Causes of ATV/UTV Accidents

Identifying the cause of an ATV/UTV accident is an essential step in holding the at-fault party liable for your damages. Some of the most common causes of these accidents are:                                               

  • Intoxicated Operation – Intoxicated ATV/UTV riders put themselves and others at risk. Just as how a driver of a motor vehicle cannot operate a vehicle under the influence of an intoxicant, under Wisconsin law, a driver of an ATV or UTV cannot operate a ATV or UTV while intoxicated.
  • Inexperienced Operation – ATV operators must be at least 12 years old, and UTV operators must be at least 16 years old. Operators born after January 1, 1988, must complete an ATV/UTV safety certification course before riding on public trails or property in Wisconsin.
  • Lack of Safety Gear – ATV/UTV riders under 18 must wear a helmet, with very few exceptions. Failing to wear a helmet can lead to worse injuries in the event of an accident, and the Wisconsin Department of Natural Resources reported that a lack of helmet use was at play in 70 percent of fatal accidents involving riders under 18.
  • Hazardous Conditions – Unmarked ditches, flooded areas, fallen trees, and hidden obstacles on public and private property and trails can put ATV/UTV riders at risk of serious injury.

Who Could Be Liable for an ATV/UTV Accident?

Various parties could be liable depending on how the ATV/UTV accident occurred. One of the key jobs a personal injury lawyer has is to identify all the at-fault parties and gather the evidence necessary for holding them financially liable. Parties you may be able to hold liable for your injuries include:

  • Owners and Renters – If you’re injured while riding an ATV/UTV owned by someone else, they may be responsible for making sure you know how to operate the vehicle and do so in a safe manner.
  • Vehicle Operators – If you get hurt as a passenger or bystander, the ATV/UTV operator may be liable if their actions contributed to the accident, such as speeding, intoxication, or not paying attention to their surroundings.
  • Property Owners – If a hazardous condition on private property caused the accident, you may be able to file a claim against the property owner’s homeowner’s insurance liability policy.

Seeking Compensation After an ATV/UTV Accident

Unlike for motor vehicles driven on roads, Wisconsin doesn’t require insurance for off-road vehicles like ATVs and UTVs. This means you may be unable to file an insurance claim if another rider or vehicle owner causes an accident that injures you. However, many riders do have ATV/UTV insurance, so it’s important to work with a lawyer to determine if an insurance claim is available to you.

Regardless of whether you can file an insurance claim or need to file a personal injury lawsuit, our recreational vehicle accident lawyers can help. We’ll investigate the incident, handle all the paperwork, negotiate with the insurance companies on your behalf, and represent you at trial if necessary.

Some of the losses you may be able to recover compensation for are:

  • Past and future medical expenses related to the incident
  • Lost wages and loss of future earning capacity
  • Physical pain and emotional suffering
  • Permanent disability accommodations

Contact Our Wisconsin ATV/UTV Accident Lawyers

If you suffered injuries in a Wisconsin ATV/UTV accident, contact the office of Peterson, Berk & Cross, S.C., to schedule a consultation with one of our experienced recreational vehicle accident lawyers. We’ll listen to your story, review the details of the accident, explain how Wisconsin’s laws could impact your case, and help you understand your options for seeking compensation and justice.

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