The use of snowmobiles, ATVs and UTVs are popular in Wisconsin, and for good reason. When proper safety measures are present, these activities allow people to revel in the beauty that a Wisconsin winter offers. However, matters can take a dangerous turn if proper precautions are not followed. Injuries that can result from the use of an all-terrain vehicle may be life-altering.
At the law firm of Atterbury, Kammer & Haag, S.C. we have an extensive track record of securing optimal case outcomes for clients who suffer snowmobile/ATV/UTV accidents. We recognize that your off-roading accident has negatively inhibited your life in a myriad of ways. In order to assess the amount of compensation you deserve, we ensure the details of your unique story are clearly articulated to our lawyers.
The first settlement offered by an insurance company may seem like a substantial amount of money. In most cases however, insurance companies aim to take advantage of the exhaustion your off-roading accident has caused you. They hope you will accept their initial offer, but it may not be equivalent to what you truly deserve.
You must involve a lawyer who is respected by the insurance defense industry and can advise you on when to accept an offer. In some cases, an early settlement will be the right choice. In other cases; however, litigation or a jury trial may be necessary. Our ATV accident attorneys at Atterbury, Kammer & Haag S.C., have attained the highest ratings in the country as trial lawyers. It is important to have a lawyer tenaciously advocate on your behalf, as it will better ensure you are justly and fairly compensated.
Snowmobile, UTV, and ATV accidents can be caused by the following factors:
It’s all fun and games until an accident due to the negligence of another individual causes permanent damage. The impacts of snowmobile, UTV and ATV accidents can often prove detrimentally life-altering. People can suffer injuries such as:
Accidents often leave people with more questions than answers. Here are the answers to some of the most common questions we receive from our injured clients:
What Should I do After an ATV Accident?
Your safety should always come first. Get medical attention, even if you think you’re not seriously hurt. Some injuries, like concussions or internal bleeding, aren’t always obvious. Plus, delaying medical care could undermine the insurance company’s view of how serious your injuries are.
Once your condition is stable, document the scene if you can. Take photos of the ATV, the terrain, and any visible injuries. Get names and contact information for witnesses and report the crash to local law enforcement.
Who Can Be Held Liable for an ATV Accident?
Liability is different in every case—it depends on who or what caused your accident. Responsible parties include the ATV operator, the property owner, the manufacturer, or even a rental company. For example, a negligent driver who operated an ATV under the influence may be liable. If a defective part caused the crash, you could have a product liability claim against the manufacturer or distributor. A property owner could also share responsibility if they failed to maintain their land. Determining fault often requires an independent investigation by your legal team.
Do I Have to Wear a Helmet When Riding an ATV in Wisconsin? How Does that Affect My Case?
It’s always a good idea to wear a helmet. However, helmet laws depend on your age and where you’re riding. All riders under 18 must wear a helmet that meets Department of Transportation standards, except when operating on private property owned by their parent or guardian, and a few other limited exceptions. Adult riders are not required to wear a helmet, but they can greatly reduce the risk of serious head injuries. Failing to wear a helmet may also affect how an insurance company evaluates your claim.
What Kinds of Compensation Can I Recover After an ATV Accident?
Your personal injury lawyer can review your case and explain the types of damages (compensation) you’re eligible for. If someone else’s negligence caused your accident, you can pursue compensation for both economic and non-economic losses.
Economic losses include medical expenses, lost wages, rehabilitation costs, and damage to your vehicle or gear. Non-economic losses are things like emotional distress, permanent disfigurement, and most importantly, pain and suffering.
How Long Do I Have to File a Claim?
Wisconsin’s statute of limitations for personal injury cases generally allows three years from the date of the accident for the injured person to file a lawsuit against the party that harmed them. If the crash involved a defective ATV or part, or if a government entity played a role in maintaining the trail or property, different timelines could apply. Missing these deadlines can bar your right to compensation, so contact us as soon as possible to preserve your claim.
What If I Was Partially At Fault for the Accident?
Wisconsin follows a comparative negligence rule. That means you can still recover damages as long as you were not more than 50% at fault for the crash. Your total recovery will be reduced by your percentage of fault. For example, if you’re awarded $100,000 and you were 20% at fault, you would receive $80,000. Don’t let potential fault stop you from exploring your legal options and filing a claim.
Can I File a Claim if the Accident Happened on Private Property?
Yes. Many ATV accidents occur on private land. Liability depends on who controlled or maintained the property and whether you had permission to ride there. Wisconsin’s recreational immunity law generally limits landowner liability for recreational activities, but there are exceptions. We can help determine whether you have grounds for a claim.
The Madison and Middleton ATV accident lawyers at Atterbury, Kammer & Haag, S.C. utilize their 75+ years of combined experience to build a strong case against all negligent parties. Hiring the right lawyer increases your chances of receiving the case outcome you or your loved one deserves.
Call us today at 608-821-4600 or 1-866-449-7210, or fill out our contact form. We will be in touch with you.
