Involved in an ATV or Quad Accident in Norwalk, CT? Injury? We Can Help

What are ATVs or Quads?

All-terrain vehicles (ATVs) are three and four-wheel motorized vehicles designed for use on rough ground and terrain. They are often used by many riders for entertainment purposes, such as driving through mud and small creeks. ATVs can make for a fun time when used properly, but there is always a risk of injury or even death involved when operating a vehicle.

From 1982 to 2014, there were 48 reported ATV-related fatalities in Connecticut, according to the U.S. Consumer Product Safety Commission (CPSC). In 2017, there were an estimated 93,800 ATV-related emergency department-treated injuries in the U.S. – an estimated 26% of those involved children younger than 16 years old.

ATV accidents are not uncommon in Connecticut. In July 2020, a 32-year-old man was killed in while riding an ATV in Torrington, CT, after the rider allegedly lost control while driving on the road. The man was ejected from the ATV during the collision, according to numerous media reports. In June 2014, an 11-year-old boy died in Roxbury, CT, after the ATV vehicle he was riding went off the road and traveled down an embankment.

If you and/or a loved one has been injured in an ATV-related accident in Norwalk caused by another party’s negligence, our experienced personal injury attorneys at Lemberg Law are equipped to get you the compensation you deserve. We understand ATV-related accidents can happen suddenly and unexpectedly, resulting in serious impacts on your health and finances; which is why you may need help as soon as possible.

Navigating insurance companies or an ATV manufacturer that may be at fault for your injury can be a scary and frustrating experience, but it doesn’t have to be. For 13 years, Lemberg Law has made legal representation a pain-free and easily accessible process. We have successfully recovered more than $50 million in damages for more than 25,000 clients across the nation. Our track record speaks for itself.

You may be compensated for damages or losses associated with the ATV-related accident, which can include but are not limited to:

• Medical expense reimbursements
• Payment of lost wages
• Compensation for future medical costs
• Payment for future earnings
• Damages for pain and suffering

Most Common Causes of ATV Accidents

Causes of ATV accidents can range from driver inexperience to a faulty part on the vehicle causing the ATV to malfunction. Unfortunately, many people ride an ATV without properly understanding how to safely operate the vehicle. Thus, accidents – sometimes life-threatening ones – can occur. Some popular causes of ATV-related accidents include: 

• Inexperienced Drivers: Most ATV drivers are not required to take a safety course. According to Connecticut’s Department of Motorvehicles website, an ATV cannot be registered to an owner less than 16 years of age. Studies have show than inexperienced riders are more at risk for ATV-related emergency visits than experienced riders.
• Negligence: Negligence can occur because of reckless ATV riders (whether it was negligence on behalf the rider or other riders), a faulty part caused by the manufacturer of the ATV, a mechanic who failed to fix a problem with the ATV, or a property owner who didn’t maintain the area where the incident took place.
• Distracted Driving: An ATV rider’s attention can be diverted away from the road by any number of things, such as alcohol use, another passenger, poor weather, or other distractions in and outside of the vehicle.
• Defective Design/ Faulty Parts: If the accident factors in a defective design or faulty parts, the ATV manufacturer may be liable for your injuries. You will need to get compensation from the manufacturer or ATV company, which our attorneys can help you navigate.

Reported ATV-Related Fatalities by Age Group (2005–2014)

Common Injuries from ATV Accidents 

According to CPSC’s 2017 report, most ATV-related emergency department-treated injuries affected the arm (shoulder to fingertips), the head or neck, leg, and the torso. Although most the individuals treated for injuries in 2017 from ATV-related accidents were released (83%), ATV accidents can leave victims with a variety of minor or serious injuries, including:

• Head and brain injuries
• Spinal injuries
• Neck injuries
• Broken and fractured bones
• Lacerations
• Damage to organs due to trauma
• Death

Even if your injuries are initially treated properly, you may still end up with long-term chronic pain, permanent disability, or disfigurement.

Helmet use has been estimated to reduce the odds of head injury by 50%, and a head, face, or neck injury by 33%.

ATV Safety Measures

The ATV Safety Institute, whose primary goal is to promote the safety and responsible use of ATVs, lists various safety measures on its website to follow before operating an ATV vehicle. The organization’s golden rules for ATV riding include:

1. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves.
2. Never ride on paved roads except to cross when done safely and permitted by law – another vehicle could hit you. ATVs are designed to be operated off-highway.
3. Never ride under the influence of alcohol or drugs.
4. Never carry a passenger on a single-rider ATV, and no more than one passenger on an ATV specifically designed for two people.
5. Ride an ATV that’s right for your age.
6. Supervise riders younger than 16; ATVs are not toys.
7. Ride only on designated trails and at a safe speed.
8. Take a hands-on ATV RiderCourseSM and the free online E-Course.”

The institute also offers three unique safety courses that address basic ATV safety principles tailored toward teen and adult riders, youth riders, and those who may be supervising a young rider.

FAQs about ATV Accidents:

What should I do if I am involved in an ATV accident?

First and foremost, you should check to see if you or anyone else is seriously injured and call the police for help. You should get the information of everyone involved, including their full name, addresses, phone numbers, license plate numbers, general descriptions of each vehicle, insurance information, and driver’s license information. Try to get as much information as possible to show that you are not liable for the accident, such as photographs of the scene and testimonies from witnesses.

Is there anything I should not say during the ATV or to insurance companies?

You should not apologize to anyone or accept blame for the accident, as this can be misinterpreted by the insurance companies and used against you. You also do not have to give a statement to the other insurance company right away. It might be best to consult with a lawyer before even talking with your own insurance company or accepting any type of initial settlement.

Should I see a doctor after the ATV accident, even if I do not think I’m seriously injured?

You should absolutely visit a doctor after being in any type of accident. While you may feel like the injuries are minor or not there, you could have injuries that may become serious if not treated. It’s better to take precautions when dealing with your health. Seeing a doctor will also create medical documents that can serve as evidence if you do decide to peruse legal action.

I wasn’t wearing a helmet while riding an ATV; am I still entitled to compensation from the responsible party?

Whether or not you were wearing a helmet is irrelevant in determining the damages that you may get from the driver at fault, however insurance companies may use your lack of wearing a helmet in attempt to reduce the amount that they play in your claim.

How much compensation am I entitled to for being injured in an ATV accident?

No two claims are the same. How much you may receive in damages depends on a variety of factors, such as the sum cost of your injuries and car repairs. The effects of an injury also vary from person to person. Once our lawyers get all of the necessary information from you, we will evaluate your case tailored to your needs. We provide personalized representation to our clients and make sure to keep them informed about any updates in their case.

How much time to do I have to file an ATV personal injury claim in Norwalk?

If you were hurt by a vehicle that is owned or operated by a district or government entity, in many states, there is only a brief period—sometimes less than 60 days—in which a claimant can sue a government body who may be responsible for an accident.

If you are pursuing a personal injury claim that is not against a government body, under Connecticut law, you must file a personal injury or property damage claim within two years of the date of the accident. If someone suffers a wrongful death, the two-year limit starts on the date of the victim’s death from their injuries.

You should reach out to an attorney sooner, rather than later, in order to have plenty of time to build a strong case. Our attorneys are knowledgeable about the entire process, including state, local, and national transportation laws.

What is the ATV law in Connecticut?

Connecticut law requires ATV vehicles operated in Connecticut must be registered unless the vehicle is being operated on a property owned or leased by the owner of the ATV. The CT DMV site also says that an ATV cannot be registered to an owner less than 16 years of age. Inexperienced riders are more at risk for ATV-related emergency visits that those are experienced.