ATV (all-terrain vehicle) accidents are uniquely devastating in that the victims are usually enjoying recreational time outdoors when the crash occurs. They aren’t in motor vehicles on their daily commutes or pedestrians crossing the road. ATV accidents occur when victims least expect it – when they’re having fun. ATV accidents are common in Minnesota, as a state with hundreds of designated ATV and other off-highway vehicle roads. Sadly, most victims are children. If you or your child is recovering from injuries related to an ATV crash, you may have grounds to file a lawsuit against a third party.
Drivers and riders unequipped to handle the vehicle, those too young to drive, and roadway hazards are three of the most common causes of ATV accidents in Minnesota. Many parents do not realize that children should not drive ATVs – the vehicles take significant motor skills and control to handle safely. Despite being a recreational vehicle, ATVs are not suitable for minor drivers. They are also often not suited for more than one rider. Doubling up on ATVs that are not built for multiple persons can cause the vehicle to flip.
Driver error, however, doesn’t cause all ATV accidents. In some cases, equipment malfunction can cause an ATV crash. Something like the brakes seizing up could cause an ATV to turn over or fail to stop in time to avoid a collision. Some ATVs may have inherently dangerous designs that make them unsuitable for safe consumer use. These cases would use the legal theory of product liability to hold the vehicle or part manufacturer/distributor liable for damages. In a product liability case, the plaintiff does not have to prove the ATV manufacturer’s negligence – just that the vehicle had a defect and that this problem caused the accident.
Another common cause of ATV accidents in Minnesota are unsafe, hazardous, or damaged trails. It is up to the property owner or city trail planners to maintain reasonably safe premises for ATV riders. This includes repairing known hazards and searching for unknown ones, such as newly exposed tree roots or a part of the trail that eroded to form a pothole. Trail damages may be grounds for a premises liability lawsuit if the person responsible knew or should have known about the hazard. No matter the circumstances of your accident, talk to Knutson + Casey for a legal point of view.
Even if you are partially responsible for your ATV accident, the Minnesota civil court system allows you to receive compensation for your damages if you are less than 50% at fault. The courts will reduce your compensation award by an amount equivalent to your percentage of fault. For example, if a manufacturing company was 80% at fault for designing an ATV that flipped too easily but you were 20% responsible for driving too fast for conditions, you would take home $80,000 of a $100,000 total award. Don’t let partial liability prevent you from pursuing compensation after an ATV crash in Minneapolis, St. Paul, or the surrounding area.
At Knutson + Casey, our legal team has experience helping victims of ATV accidents in Minnesota. In our 25-plus years of experience, we’ve helped thousands of clients get past devastating personal injuries. We can take the burden off your shoulders so you can focus on recovery after any type of recreational vehicle accident. We’ll contact the defendant on your behalf, file a claim with the civil courts, and negotiate a settlement if possible. We can take your case to trial if necessary to get the responsible party to pay for your damages. To get started with your case, call (507) 344-8888 or submit our contact form.