How to Begin an ATV Accident

How Do I Begin an ATV or ORV Accident?

You are here for legal advice about your personal injury or wrongful death case. Mike Burman at Burman Law offers a free consultation to answer your questions. During your consultation - if you are comfortable - Mike will cover these six key steps with you:

• Preserve important physical evidence so nothing critical is lost
• Interview witnesses and law enforcement
• Take custody of photographs and video
• Impound or take custody of the ATV or OHV and accessories
• Provide you with a free case evaluation so you understand what the case is about
• Provide you with a plan of action so you understand how the case will be handled

Mike is a death and injury lawyer with 25+ years of experience helping hundreds of accident victims against at-fault commercial operators and careless drivers of all types. Other lawyers often call Mike for advice with their personal injury lawsuits and wrongful death lawsuits. Once you begin your free case evaluation with Mike, you will know the legal advice is coming from an experienced attorney who wants to help you.  Our Google testimonials speak to our professional standards.

WHAT TYPES OF ATV OR OHC CASES DOES MIKE HANDLE AT BURMAN LAW?

We handle cases involving:

• Insurance policy coverage for homeowner and auto owner insurance
• Failure by a family member to supervise an inexperienced ATV operator
• Defective products that cause the ATV accident or off-road vehicle to rollover (product liability)
• Motor vehicle or motorcycle collisions with ATVs or OHVs or ORVs
• Inadequate warnings regarding the safe operation of an ATV or OHV or ORV
• Crashes caused by drinking or impaired driving due to the influence of drugs

HOW DOES BURMAN LAW DETERMINE FAULT FOR AN ATV PERSONAL INJURY OR WRONGFUL DEATH?

Our investigation to determine fault in an ATV or OHV or ORV injury case involving a fatality or serious injury depends on what caused the crash or rollover and the injuries that resulted from the crash.  For example, if the ATV crashed because a shock absorber broke, then we will engage an expert to see if the recreational vehicle part was subject to a consumer product safety commission (CPSC) recall or if the part was defectively manufactured or poorly designed.  If our investigation shows that the operator of the ATV caused the crash that injured a passenger, then we will investigate whether the driver was operating the ATV safely.  Vehicle accidents with ATVs at intersections are very common.  We will investigate the laws that apply in that jurisdiction to recreational vehicles and talk to local homeowners about past collisions in the area.  ATV accident cases and wrongful death cases often turn on very unique facts that can be lost quickly if the ATV is not taken into custody and protected tampering.  ATV or OHV or ORV injury cases can involve faulty helmets that result in concussions or other catastrophic injuries.  We engage experts to determine if the helmet was designed and manufactured according to applicable standards for the user to sustain an ATV crash without serious head injuries.  

WHAT DOES BURMAN LAW DO IN AN ATV CASE?

ATV personal injury and wrongful death cases require quick attention from an experienced personal injury law firm that builds strong client relationships. Mike Burman is a personal injury attorney with the staff and financial resources needed to take on any insurance company.  You can always communicate with us 24/7/365 on our free client portal.  As your ATV accident lawyer, Mike and his staff will work quickly to document bruises and broken bones from an ATV injury case.  Mike Burman and his law firm will work quickly to:

• Understand the mechanism of injury causing pain and suffering or death
• Gather your ambulance, emergency room and treatment records
• Review your health insurance, medical bills and unpaid medical expenses
• Visit the scene for evidence
• Look for hard-to-find injuries, such as traumatic brain injuries/head injuries, labral tears in the hip, or spinal cord injuries
• Preserve evidence that could be washed away, destroyed or lost
• Search for CCTv video/audio, smartphones, police videos and Go-Pro cameras
• Locate and interview witnesses
• Engage experts in ATV accident reconstruction to uncover critical facts
• Download the “black box” speed and distance computer on the liable party’s vehicle
• Impound the at-fault party’s vehicle, ATV or four-wheeler

INSURANCE COMPANY TACTICS

It is very common in an ATV case for the insurance adjuster to claim the injury was caused by comparative negligence (fault by the driver or passenger of the ATV).  ATV accident cases share some similarities with car accidents, but many adjusters that have never handled an ATV case may not be familiar with the weaknesses of ATV products, the laws controlling ATV use on the highways or other issues specific to ATVs.

HOW IS BURMAN LAW PAID?

We are paid a percentage of the money recovered in your case.  Many personal injury lawyers now charge a fee of 40% to begin your case.  Our fee to begin a personal injury or wrongful death case has been 1/3 for more than twenty-five plus years.  We do not spend time or money on expensive Tv Ads, and we pass that savings on to you. There are no hidden disclaimers. We are transparent at all times.

With our free consultation and case evaluation services, you can confidentially discuss your accident injury or wrongful death case with Mike Burman at no charge.  As your OHV/ORV/ATV accident attorney, Mike will help you understand your rights and give you a plan of action against the at-fault party.  There is never any pressure.  We put all fees and case expenses in writing.  We will set you up with access to a free client portal so you can post anything you want 24/7/365.  We respond to portal messages by the next business day, or sooner.   And you can always contact Mike on his personal cell phone number which he will give you when you hire him to be your lawyer.  The staff at Burman Law average ten years of paralegal experience.  Mike Burman has more than 25+ years of experience in personal injury and wrongful death involving accident cases, at-fault drivers, and careless companies in Kentucky and Tennessee.

We would be honored to offer you, or your loved ones, legal representation for your injury claim. You can schedule a consultation with Mike by clicking:

• Contact
• Chat
• 800-200-1578

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KENTUCKY § 189.515. Restrictions on operation of all-terrain vehicles

(1) As used in this section, "federal all-terrain vehicle standards" means the all-terrain vehicle standards set forth by the American National Standards Institute/Specialty Vehicle Institute of America and incorporated by reference in 16 C.F.R. sec. 1420.3, to the extent those standards are applicable.

(2) Except for vehicles authorized to operate on a public highway as of July 15, 1998, and except as provided in subsection (7) of this section, a person shall not operate an all-terrain vehicle upon any public highway or roadway or upon the right-of-way of any public highway or roadway.

(3) A person shall not operate an all-terrain vehicle on private property without the consent of the landowner, tenant, or individual responsible for the property.

(4) A person shall not operate an all-terrain vehicle on public property unless the governmental agency responsible for the property has approved the use of all-terrain vehicles.

(5) Except for vehicles authorized to operate on a public highway, a person sixteen (16) years of age or older operating an all-terrain vehicle on public property shall wear approved protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times that the vehicle is in motion. The approved headgear requirement shall not apply when the operator of any all-terrain vehicle is engaged in:

(a) Farm or agriculture related activities;

(b) Mining or mining exploration activities;

(c) Logging activities;

(d) Any other business, commercial, or industrial activity;

(e) Use of that vehicle on private property; or

(f) The crossing of a public roadway with a posted speed limit of fifty-five (55) miles per hour or less. The crossing of a public roadway outlined in this paragraph shall be in compliance with subsection (7)(a) of this section.

(6)

(a) A parent or legal guardian of a minor who is under the age of six (6) shall not knowingly allow that person to operate an all-terrain vehicle.

(b) A person under the age of sixteen (16) years shall not operate an all-terrain vehicle except under direct parental supervision.

(c) A person under the age of sixteen (16) years, when operating or riding as a passenger on an all-terrain vehicle, shall wear approved protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times that the vehicle is in motion.

(d) A parent or guardian of a minor who is under the age of sixteen (16), or who does not possess an instruction permit, an intermediate license, or an operator's license, shall not knowingly allow that person to carry a passenger while operating an all-terrain vehicle.

(e) A parent or guardian of a minor under the age of sixteen (16) shall not knowingly allow that person to operate an all-terrain vehicle in violation of the age restriction warning label affixed by the manufacturer as required by the federal all-terrain vehicle standards.

(7)

(a) Except for off-highway vehicles described in KRS 189.281, a person may operate an all-terrain vehicle on any two (2) lane public highway in order to cross the highway. In crossing the highway under this paragraph, the operator shall cross the highway at as close to a ninety (90) degree angle as is practical and safe, and shall not travel on the highway for more than two-tenths (2/10) of a mile.

(b) A person may operate an all-terrain vehicle on any two (2) lane public highway, if the operator is engaged in farm or agricultural related activities, construction, road maintenance, or snow removal.

(c) The Transportation Cabinet may designate, and a city or county government may designate, those public highways, segments of public highways, and adjoining rights-of-way of public highways under its jurisdiction where allterrain vehicles that are prohibited may be operated.

(d) A person operating an all-terrain vehicle on a public highway under this subsection shall possess a valid operator's license.

(e) A person operating an all-terrain vehicle on a public highway under this subsection shall comply with all applicable traffic regulations.

(f) A person shall not operate an all-terrain vehicle under this subsection unless the all-terrain vehicle has at least one (1) headlight and two (2) taillights, which shall be illuminated at all times the vehicle is in operation.

(g) A person operating an all-terrain vehicle under this subsection shall restrict the operation to daylight hours, except when engaged in snow removal or emergency road maintenance.

(h) It shall be unlawful for a person to remove from an all-terrain vehicle the manufacturer age restriction warning label required by the federal all-terrain vehicle standards.

KY Rev. Stat. 189.515 Restrictions on operation of all-terrain vehicles (Kentucky Revised Statutes (2022 Edition))

TENNESSEE  55-8-203. Off-highway vehicles

(a) Any Class I or Class II off-highway vehicle as defined in § 55-8-101 registered pursuant to chapter 4, part 7 of this title, may be operated on county roads, if the requirements in this section are met. As used in this section, "county road" means a road that has been classified as a county road pursuant to § 54-10-103 or a road for which a county has otherwise assumed control, and does not include a state highway or an interstate or national defense highway. Nothing in this section authorizes the operation on county roads of any all-terrain vehicle or off-highway vehicles other than Class I or Class II off-highway vehicles.

(b) Any Class I or Class II off-highway vehicle operated on county roads pursuant to subsection (a) may, for the purpose of crossing from one (1) road, field, or area of operation to another, be operated upon a state highway or other noncounty road, except upon the interstate and national defense highway system, if:

(1) The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(2) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

(3) The operator yields the operator's right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and

(4) Both the headlights and taillights are illuminated when the crossing is made.

(c) A Class I or Class II off-highway vehicle authorized by subsection (a) may be operated if, while on the county roads:

(1) The vehicle is equipped with:

(A) Brakes;

(B) At least two (2) taillights, stoplights, and headlights;

(C) Two (2) turn signal lamps or other devices meeting the requirements of § 55-8-144;

(D) A horn meeting the requirements of § 55-9-201;

(E) A roll bar;

(F) Seat belts for each seat;

(G) A manufacturer-installed or equivalent spark arrester;

(H) A manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; and

(I) A windshield, with or without wipers; except, that if the vehicle is not equipped with a windshield, then the operator and each passenger shall wear glasses containing impact resistant lenses, safety goggles, or a transparent face shield; and

(2) The operator shall be at least sixteen (16) years of age and possess a valid driver license from this state or an equivalent license from another state, and otherwise comply with this chapter.

(d) A Class I and Class II off-highway vehicle and any person operating such vehicle is subject to all of the requirements or laws applicable to motor vehicles, including the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12, part 1 of this title, relating to financial responsibility; chapter 50 of this title, relating to driver licenses; and chapters 3 and 4 of this title, relating to titling and registration, except as otherwise provided in chapter 4, part 7 of this title, or this section.

(e) Every person operating a Class I or Class II off-highway vehicle upon a county road pursuant to this section shall obey all of the duties applicable to the driver of a motor vehicle under part 1 of this chapter, and chapter 10, parts 1-5 of this title, except as to those provisions that by their nature can have no application.

(f) A person who violates subsections (a)-(e) commits a Class C misdemeanor.

(g) Operation of the following off-highway vehicles shall be exempt from the registration requirements of chapter 4, part 7 of this title, and equipment and safety requirements of this section:

(1) An off-highway vehicle operated on any private or public recreational trail or area;

(2) An off-highway vehicle operated on an affiliated trail or area operated by a person or entity which has in place a safety program;

(3) Off-highway vehicles operated for agricultural purposes;

(4) Publicly-owned and operated off-highway vehicles that are used for wildlife management, law enforcement, emergency services, and other such purposes; and

(5) Off-highway motor vehicles operated pursuant to § 55-8-185, except those registered as a Class I or Class II off-highway vehicle pursuant to chapter 4, part 7 of this title, and operated on county roads pursuant to this section.

(h) Nothing in this section requires any person to obtain a license pursuant to chapter 17 of this title in order to transfer, sell, or lease any Class I or Class II off-highway vehicle.

Tenn. Code 55-8-203 Off-highway vehicles (Tennessee Code (2022 Edition))highways (Tennessee Code (2022 Edition))