Tulsa ATV Accident Lawyers
Fighting for all-terrain-vehicle accident victims in Oklahoma
All-terrain-vehicles (ATVs) are vehicles that use low-pressure tires. They are designed, as the name suggests, to be ridden on different terrains such as dirt, gravel, rocky roads, and uneven terrains. ATVs can be four-wheel vehicles or three-wheel vehicles, and they’re driven by young and old alike. Like motorcycles, ATVs offer little to no protection if a collision or faulty control causes a rider or passenger to fall from the vehicle.
At Biby Law Firm, our Tulsa ATV accident attorneys work aggressively to determine who is responsible when the operator or a passenger is injured, and when pedestrians and other innocent people are run over or struck by an ATV. Often times, parents negligently entrust an ATV to their children. When a wreck occurs it can result in significant injuries to everyone involved. In that instance, the parents can be liable for the injuries. Most frequently, there are homeowners’ insurance policies that may provide coverage for injuries caused by an ATV. However, policies commonly contain exclusions for ATVs as well. For this reason, it is important that you have an attorney that knows what to ask for and how to determine if there is insurance coverage for the injuries sustained by you or a loved one. Our lawyers have that experience and it has led to a remarkable record of success negotiating strong settlements in personal injury cases involving ATV collisions. This is due to our reputation, our dedication to detail, and our thorough investigations. It’s also due to our willingness to communicate with our client in every way.
Did you know?
- There were 15,000 accidents/injuries in 2017 involving ATVs.
- About 1 in 4 ATV accidents involve children under 16.
- 80% of the fatalities are drivers, not passengers.
What Oklahoma laws apply to ATV accidents?
Because all-terrain vehicles are so popular, Oklahoma has a few statutes dedicated to who can drive them and where they can go. Under 47 OK Stat § 47-11-1117 (2019), anyone under the age of 18 must wear a helmet while riding, and passengers are only allowed in vehicles designed to carry them. Furthermore, you cannot drive your ATV on highways. Under 47 OK Stat § 47-11-1116 (2019), ATVs can’t be operated on Oklahoma’s public highways or streets unless:
- The unpaved road is property of the US Department of Agriculture
- The operator of the ATV needs to cross the highway and:
- “You are upon a regularly traveled trail while riding from one area of the trail to another”
- The operator yields the right-of-way to oncoming traffic
- The crossing takes place “at an angle of approximately ninety (90) degrees to the direction of the street or highway”
- The highway/street isn’t a divided road and the speed limit is under 35 mph
- You have a valid driver’s license
- It’s daylight
The rules for helmets and operation apply to operation on public lands. ATV operators have more freedom on private lands. ATV owners must register the vehicles with the state unless the ATV is being used for agriculture, in which case registration is optional.
The Oklahoma State Department of Health advises that operators take a training course, and that both operators and passengers wear appropriate clothing. It also reminds operators that they should not be under the influence of alcohol.
How do ATV accidents happen?
ATV accidents can happen for a lot of reasons, but most of them are related to driver error or negligence. Some of the more common causes include:
- Entrusting the vehicle to inexperience people, including minor children
- Reckless riding
- Riding in inclement weather
- Riding on dangerous trails – such as trails with steep inclines or muddy trails
- Drunk driving
- Riding at night without appropriate lighting
- Attempting to do tricks or jumps
I was injured on an ATV; can I make a claim for damages?
It depends. If you caused your own injuries, then no; you cannot make a claim. But if you were a passenger and the ATV driver was negligent, or if you are hit by an ATV being driven by someone else – whether you are also in an ATV, on a motorcycle, walking, on a bike, or in a car – then you can make a claim against the driver.
If the driver is underage, you may be able to make a claim against the parents’ insurance.
What types of injuries do ATV accidents cause?
While it is possible that two ATVs can collide into each other, or into something else, the most common cause of ATV wrecks are rollover/flipping over. While many assume that an all-terrain vehicle should be able to withstand any type of terrain, it is not uncommon for them to tip if the driver is trying to go over jumps or ramps, speeding on wet grass or loose gravel, or acting negligently or reckless.
Because they weigh so much and offer so little protection, ATV accidents often cause catastrophic injuries. Some of those injuries include:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones
- Neck, back, and shoulder injuries
- Muscle, ligament, tissue, and nerve damages
- Crushing injuries
- Loss of limb
- Internal bleeding
- Internal organ damage
Furthermore, a person who is struck or run over by an ATV could easily lose his or her life. The family of the victim has the right to file a wrongful death claim against the responsible parties. Wrongful death damages include payment of funeral and burial expenses, loss of consortium, the grief and loss of companionship when a loved one dies, and the financial losses due to the death. Payments are made to qualifying family members such as spouses, children, parents of minor children who are killed due to the ATV crash or the next of kin.
Hire an experienced ATV accident lawyer today
At Biby Law Firm, we understand how lives can be taken or destroyed in an instant. ATVs aren’t toys. Our injury lawyers in Tulsa have a strong track record of negotiation with insurance adjusters and with trying cases in courts all over Oklahoma. Founding member Jacob Biby does nothing but help people injured through the negligence of others. His efforts have resulted in millions and millions of dollars in settlement and verdicts for his clients. Since 2012 alone he’s obtained 70 settlements or verdicts worth $100,000 or more and several seven figure results. To schedule an appointment, call us at 918-574-8458 or fill out our contact form. We proudly serve Oklahomans including in the communities of Tulsa, Broken Arrow, Bixby, Claremore, Jenks, Sand Springs, Sapulpa, Wagoner, Muskogee, Grove, Vinita, and the surrounding areas.