Phoenix ATV Accident Attorney
Experienced & Attentive Legal Representation
Whether you’re an experienced rider or a first-timer, you take a risk every time you ride an all-terrain vehicle (ATV)—even if you wear a helmet and follow other safety guidelines.
In 2019, there were 220 ATV-related accidents in Arizona. In 117 of those accidents, a rider was injured, and 20 riders lost their lives—that equates to injury or loss of life in over 62% of annual ATV accidents.
If you or a loved one are unfortunately part of that statistic, the financial, physical, and emotional loss, as well as injuries from the accident, can be dramatic. Because of the losses and injuries, you may be entitled to financial compensation. You can count on our experienced ATV accident lawyer in Phoenix to defend your rights and ensure that any at-fault parties are held responsible.
Call Folger Law Firm at (602) 932-0552 if you are looking for highly qualified counsel to help you pursue your claim. We can provide you with a free initial consultation so you can better understand your case.
Arizona Laws Regulating ATV Users
City and state law includes several regulations aimed at keeping ATV users and pedestrians safe. Many of these regulations may also affect the outcome of your ATV accident case—specifically whether they were followed or played a role in the accident.
There is no age requirement to operate an ATV, however, riders under 18 years old must wear a helmet. For riders over 18, state law only requires eye protection if riding on the road. Many ATV manufacturers also recommend that riders be at least five feet tall and weigh more than 100 pounds.
For those who live in Phoenix, all ATV’s must pass an OVH emissions test and have a:
- USDA-approved spark arrestor device
- Muffler with a noise level under 96 decibels
- Brakes, brakes lights, and at least one red rear reflector
- Headlights and taillights (must be turned on at least 30 minutes before sunrise and after sunset)
- Visible license plate
- Rearview mirror
- Seat and footrests
- Safety flag (if operating on sand dunes)
License & ATV Insurance Requirements in Arizona
Arizona state law requires additional equipment, a driver’s license, and minimum liability insurance if you operate your ATV on the street. Insurance requirements are the same as those required for passenger vehicles: $25,000 for bodily injury for one person and $50,000 for two people. It should also have $15,000 worth of property damage liability.
What Qualifies as an ATV?
All that being said, it helps to understand what exactly the law defines as an ATV as ATV accidents are treated slightly differently than other motor vehicle accidents.
In general, there are two primary types of off-road vehicles:
- UTV: A Utility Task Vehicle is an off-road vehicle with four wheels designed to haul two to four passengers. They typically have a roll-cage or other protective frame and are significantly more powerful than ATVs, being built to handle over 1,000 pounds of cargo. They also generally offer more safety features, such as seatbelts or safety harnesses, and are closer to an off-road car.
- ATV: An all-terrain vehicle is typically smaller than a UTV and designed primarily for leisure. They usually can only accommodate one rider, possibly two. Four- and three-wheelers are the most common ATV type.
Common Causes of ATV Accidents in Phoenix, AZ
While the Arizona Department of Transportation (ADOT) doesn’t break ATV accident statistics down by cause, common causes of ATV accidents include:
- Other vehicle-related
- Improper safety equipment
- Reckless driving
- Multiple passengers
- Equipment malfunction
- Unsafe premises
Types of ATV-Related Injuries
Despite a relatively high injury rate, most ATV accidents don’t cause life-threatening injuries. According to the Consumer Product Safety Commission, 83% of riders receive treatment and leave the medical center shortly after. However, 15% of cases involve extended hospitalizations.
Contusions/abrasions and fractures are the most frequent injuries, happening in 22% and 30% of cases, respectively. Approximately 29% of injuries involve the upper body (arms or head), while only 20% involve the legs and torso.
Fatalities occur in roughly 9% of Arizona ATV accidents. The state ranks 22nd in the nation for ATV-related deaths.
Do You Have a Case? Determining Fault in Phoenix
Phoenix uses the law of negligence to determine the at-fault party in an ATV accident. Under this law, anyone who does not take reasonable care, meaning actions the average person would take, and causes injury to another, whether financial or physical, is at fault for those injuries.
For example, if an unmarked barrier wire put up in a public-use area caused your accident, whoever placed the wire did not take reasonable care to prevent others from being injured by the barrier and might be at fault.
Determining fault is often challenging in ATV cases as they are often more complex than car accidents. Our ATV accident lawyers can help you investigate and examine your case to determine if someone else can be held responsible, and if so, who.
Here are a few examples of situations where another party may be at fault:
Other Vehicle-Related Accident
While ATVs are frequently used off-road in Arizona, many riders cross roadways or ride alongside them, making vehicle-related accidents common.
These accidents often involve:
- Driving while intoxicated
- Improper signaling
- Reckless driving or failure to practice due care
- Weather or terrain-related loss of control
There are currently 107 ATV-related recall notices on record with the U.S. Consumer Product Safety Commission—and those are just the potential equipment malfunctions we know about. An ATV is a complex machine. From brake failure to tire blowouts, a lot can go wrong.
While locating the responsible party and proving fault in equipment-related accidents can be tricky, our ATV lawyers are up to the challenge.
Whether you were riding in the right of way or allowed on private property, if your accident occurred due to an unsafe condition, such as an unmarked barrier, ditch, or even loose gravel, the responsible party can be held liable for your injuries.
If you fail to use proper equipment on your personal ATV, you may not have a case (unless your equipment failed). However, if you rented an ATV, that’s another story. ATV rental companies have a responsibility to keep their equipment maintained and provide adequate protective gear.
Unless you are 100% sure your accident was a result of driver error—and you were the driver—we recommend giving us a call for a consultation. Contact our office even if you’re unsure if another party is responsible.
Compensation for ATV Accident Claims in Phoenix
An ATV accident can take a physical and emotional toll on you. It can leave you with bruises and broken bones as well as lingering trauma. You may have to miss work and the paychecks that come with it. While a Phoenix ATV accident attorney can’t take away the pain, they can ease some of the financial burdens.
ATV injuries come in all shapes and sizes. They may be as minor as lacerations and scrapes, or severe, involving spine and brain damage, quadriplegia, or paraplegia.
An accident may also cause you pain and suffering. While these emotional damages may not cause a financial loss, they can indeed hinder your ability to live a full and rewarding life. Some of the most common examples of pain and suffering include psychological trauma, emotional distress, post-traumatic stress disorder (PTSD), and unpredictable anger or frustration.
All these injuries can affect your health, relationships, and bank account. Our team will aggressively pursue compensation so that you aren’t left struggling to pay for these expenses.
With our skilled ATV lawyers at your side, you may recover damages for:
- Past and future medical bills
- Past and future rehabilitation
- Pain and suffering
- Temporary live expenses
- Lost wages
- Loss of future earnings potential
- Funeral costs
- ATV repairs
- Equipment replacement, such as helmets or other riding gear
Whether you prefer a settlement or decide to go to trial, our attorneys can advise you on best practices and strategies. As your legal counsel, our primary responsibility is proving the claim of negligence related to your ATV accident and ensuring justice is served.
We will take all necessary steps to build a rock-solid case, including digging up any evidence that the other party was responsible for the accident. That could include traffic camera footage of them running a red light and striking your ATV, witness statements saying they hung a wire or dug a hole, or statements from the other driver that they caused the accident.
Set Up a Consultation Today
If you sustained an injury in an ATV accident in Arizona, you need a lawyer. Get the compensation you deserve—reach out to our team at Folger Law Firm today. Our experienced ATV accident lawyer has the knowledge and expertise to get you the compensation that you deserve.
Contact us at (602) 932-0552 to get started. We will discuss your claim and whether you have grounds to bring a claim. If you do, we’ll help you move forward with the claim and with obtaining just compensation. We look forward to hearing from you.