ATV Accident Attorney

ATV Personal Injury Lawyer

ATV’s (All-Terrain Vehicles) are the perfect off-roading vehicle to traverse rugged terrain. Many people use ATV’s for going hunting, fishing and navigating through narrow places in nature where a car normally would not dare to venture. They are used also for farming and pulling smaller trailers, accessing remote areas and are well-suited for State and National Parks. However, ATV’s, also known as UTV’s (Utility Terrain Vehicle), OHV’s (Off-Highway Vehicle) and/or side-by-sides, bring with them inherent risks. Merkle Law Firm is a specialized personal injury attorney, located in Sioux Falls, South Dakota. Bret Merkle of Merkle Law Firm litigates and helps clients with ATV accident cases having to do with lawsuits and bodily injury claims. He will stand beside you every step of the way, ensuring a smoother and easier process of claiming full financial compensation for your off-road vehicle accident or that of your loved one. Bret Merkle and his team can be easily reached by phone, text or email.

ATV, UTV, OHV Injuries

An OHV’s abilities to maneuver as sharply as a motorcycle are lessened, as well as their overall safety, which is due often to an OHV being more top-heavy than an everyday automobile. 4-Wheelers are perhaps the more popular choice when it comes to ATV’s, and they are more prone to tipping over or rolling. Some UTV’s can go as fast as 80mph. Some are taken on-road, which is not where they belong. The State of South Dakota, in its definition of the purpose of an ATV or UTV, specifies that such vehicles are designed to be off-road vehicles. Off-road vehicles are purposefully made with the intention of performing properly, and thus possessing better handling and maneuverability, whilst being operated off of highways. (OHV, Off-Highway Vehicle.)

It is possible that getting into an accident whilst operating an ATV, OHV or UTV on a highway in South Dakota with another vehicle can warrant you little or no financial compensation. Off-road vehicles are only allowed to cross from one side of a street or road to another but not be operated on the road. Only designated off-road vehicle areas or designated trails are permitted by the State of South Dakota as proper ATV use. However, off-road vehicle accidents happen, and Merkle Law Firm is here for you or your loved one during the time of crisis. If you or a loved one are involved in a motorcycle accident, contact Merkle Law Firm to have your case reviewed for free.

Call Merkle Law Firm After Suffering from an ATV or UTV Accident
One of the most important decisions you can make when dealing with an ATV accident is to call Merkle Law Firm, a personal injury law firm. Bret Merkle is friendly and will listen closely to you as you discuss your UTV injury case with him. He shall meet your needs and bring assurance into your life during these stressful and painstaking times as he professionally handles your personal injury case and eases your financial strain. We seek full financial compensation for each of our clients, including you.

Post ATV Accident

All-Terrain Vehicle accidents can be frightening. Depending on the severity of the accident, it can leave the person driving it, the passenger, or both in critical care and total the off-road vehicle. UTV wrecks require close examination and swift action. That is why it is very important to contact an expert personal injury lawyer, like Merkle Law Firm, to help you in receiving total financial compensation for you or your loved one. Specifically, with ATV accidents, there are three main defendants of an UTV or ATV accident case that revolve around the question, “Who is at fault in an ATV accident?”

• All-Terrain Vehicle Manufacturer. If a vital piece to the functionality and overall safety of the machine is missing, was damaged upon purchasing and receiving or was faulty, the ATV manufacturer could be at fault with the accident and personal injury sustained. In which case, an ATV accident lawyer is invaluable to have on your side against big ATV brand names. Companies who manufacture ATV’s/UTV’s include, but are not limited to, Can-Am, Yamaha, Arctic Cat, Polaris, CFMoto, Kawasaki, KYMCO and John Deere.
• The Operator of the Side-by-Side. Reckless driving, failure to operate within the confines of law or practice proper safety protocols, driving under the influence (DUI/DWI) and negligence are all unlawful contenders in being the cause of a serious UTV accident. The operator of the side-by-side must have been the cause of the accident and he/she must have been operating the off-road vehicle carelessly to be at fault.
• The Owner of the Off-Highway Vehicle. The owner of any vehicle, especially an OHV, is obligated as the owner to care for, maintain functionality and safety, and replace any inadequate pieces of machinery or parts of the vehicle to ensure safety, especially before lending the vehicle to another person to drive. If the owner of an OHV had allowed for another person, who was not the owner, to operate his/her off-road vehicle, knowing full-well that it was not safe to drive or needed repair or maintenance before proper use, he/she would be at fault. Full knowledge of the off-road vehicle’s inability to handle and operate safely and without failure would be deemed negligence.

Because of the sensitivity and close examination that needs to be undergone with an ATV accident case, an ATV accident attorney who specializes in personal injuries, such as Merkle Law Firm, ought to be contacted. We can go over your case for free and assess what needs to be done.

Seeking medical help should be your top priority following an ATV accident, as well as the police if there is serious property damage. Even if minor injuries were sustained or what seems to be only bruising, Merkle Law Firm suggests that you be examined by a medical professional. Injuries may not manifest themselves until much later, by which time they may have done more harm to you and your personal injury case than you would have wanted. In seeking medical help, you can then keep record of any medical procedures, stages of your recovery etc. All medical bills and receipts of any kind should be kept, for they can make stronger your ATV accident case. Acquire the names and contact information of doctors, physical and mental therapists and anyone who prescribes medicine to you.

Calling the police is another good decision to make when involved in an OHV accident, depending on the severity of the crash. A police officer will examine the scene of the accident and make record of it, which can be later used in litigation. Take photos of all injuries, the scene of the accident and the UTV. If there were any witnesses at all to the ATV accident of you or your loved one, ask the witness what they saw and take note of it and record exactly what they say. It could prove helpful later on.

Compensation for ATV or OHV Case

With any amount of financial compensation in question of obtainment, damages and bodily injuries are always examined, as well as any medical bills, insurance and other facets concerned with the OHV accident case. All-Terrain Vehicles should be driven and ridden always with caution and care. OHV accidents can be just as serious, if not more fatal, than other types of vehicular accidents. ATV’s provide high speeds with little to protect the operator or passenger from serious personal injury apart from a helmet, other protective gear and the clothing they wear. A rollover with an ATV or UTV would be considered one of the worst All-Terrain Vehicle accidents a victim or loved one could endure. Therefore, an OHV or ATV accident case bears with it the potential for a greater sum of financial compensation, if the injuries sustained are severe and met with substantial medical treatment.

• The severity of injuries sustained. ATV injuries can leave victims with life-altering or deadly injuries. They can be the cause of disfigurement, amputation, damaged bones, road rash, traumatic damages to the spinal cord and/or head, facial fractures, fatality and so on.
• The cost of medical treatments and services. Rides to the emergency room or the hospital or I.C.U. in an ambulance, procedures, physical and/or mental therapy, prescribed medication and other clinical services and treatments can be costly, and yet all of which are essential.
• The loss of income. Losing the capacity to perform properly or efficiently at your job, or being rendered incapable of operating at all, from personal injuries suffered can subsequently reduce the quantity of earnings or wages that an employee would receive, had they not experienced the injuries acquired from an OHV accident.
• Emotional and personal diminution. Major bodily injuries received in a UTV accident can result in paralysis, broken bone or loss of limb, as well as other incapacitating results. As a consequence of these injuries, they could disrupt what was normal for day-to-day life, affecting how somebody could have enjoyed or gone about their day or that of loved ones. This disturbance of normalcy can take their toll on the psychological and emotional health of an ATV crash victim – they could feel inadequate or like a bother to others in various ways.
• Enduring physical pain. ATV accidents can inflict enduring physical suffering and displeasure onto victims. Although it is a harder outcome of an accident to validate, due to the internal nature and personal resistance of suffering, pain and discomfort are still genuine and can prove incapacitating.

An ATV accident can often result in back injuries, traumatic brain injury (TBI), spinal cord injuries, neck injuries, and concussions. For other motor vehicle litigation and cases involving wrongful death, worker’s compensation, read more about how we help with claims for ATV accidents, bus accidents, car accidents, drunk driving accidents, hit and run accidents, motorcycle accidents, and semi-truck and 18-wheeler accidents.