Living in Green Bay makes it easy to get hooked on ATV and UTV excitement. Local riding trails give you easy access to adventure and fun. Rallies and motorsport venues present competitive challenges.
You ride for the thrill, but you also face risks as with other off-highway vehicles.
As ATV/UTV use increases, accidents, injuries, and fatalities also increase. If you sustain injuries due to someone else's negligent actions, you need a compassionate legal professional to protect your legal rights.
When a Green Bay ATV accident attorney from our firm handles your case, we determine if a responsible party owes you compensation and fight to ensure you receive it.
Injured in Green Bay? Get Nicolet.
Injured? Get Nicolet.
At Nicolet Law Accident & Injury Lawyers, we have always been dedicated to winning compensation for our injured clients.
We often encounter complicated liability and damage issues when a case involves an all-terrain vehicle.
Our Green Bay personal injury attorneys developed the knowledge and confidence to meet these challenges over years of resolving complex injury cases. We handle our clients' cases while they heal and recover.
When we establish a working relationship with you, we immediately investigate your case. We examine the liability issues and identify the responsible parties.
When appropriate, we put the negligent parties on notice and take steps to recover fair compensation.
Our Law Firm’s Results
Our Green Bay ATV accident injury lawyers have always worked toward the most favorable outcomes for our clients and their families. We have accomplished this by preparing our personal injury cases as soon as possible after a harmful event.
This requires comprehensive investigation, liability assessment, and injury evaluation. By developing our cases for ultimate disposition beginning on day one, we remain ready to deal with responsible parties, insurers, and legal representatives.
We have negotiated final settlements when adverse parties cooperated. We continued negotiations through mediation or other Alternative Dispute Resolution programs if negotiations stalled.
When necessary, we have presented our clients' evidence in court, letting a judge and jury decide.
Our lawyers have recovered over $240 million in compensation for our clients.
While we can't guarantee a specific result, our client's personal injury stories demonstrate our dedication to fighting for our clients and holding insurers accountable.
- Car Accident, $1,200,000: We resolved the case for $1.2 million, while the insurance company initially offered only $50,000.
- UTV Accident, $550,000: The liability insurance carrier offered only $75,000.
- Motorcycle Accident, $1,100,000: We obtained $1.1 million for our client, while the insurance company offered $650,000.
- Accident, $1,050,000: The liability insurer denied the claim before our law firm took over. We eventually resolved the case.
All Terrain Vehicles in Green Bay
An increasing number of riders turn to ATVs and UTVs for outdoor recreation. The Wisconsin Department of Natural Resources (DNR) cites these types of off-highway vehicles as the fastest-growing vehicle category in the state.
The DNR's most recent Recreational Vehicle Safety, Education & Enforcement report confirms 331,869 registered ATVs and 134,718 UTVs in the state. Riders remain active in Green Bay, Brown County, and throughout the state.
Riders have access to 43 publicly listed trails, also motorsports venues, and private trails. The Wisconsin ATV/UTV Association (WATV) lists 118 affiliated clubs nationwide with an active organization in Green Bay.
Rider clubs and organizations remain committed to recreation, sport, and enjoyment, but they make it clear that they consider riding a privilege. They use their clubs as a forum for promoting safety, noise control, and image concerns.
Green Bay Recreational Vehicle ATV Statutes
Green Bay residents must comply with Wisconsin statutes. Chapter 23, Conservation §23.33, establishes off-highway vehicle regulations. The DNR also publishes a brochure summarizing ATV and UTV regulations. Riders must also check the DNR websites for annual regulation updates. Here are a few of the critical requirements.
Many allow exceptions for certain circumstances.
- An owner must register all ATVs and UTVs based on DNR requirements.
- Vehicles must display a current Wisconsin registration decal.
- Public-use vehicles must have license plates.
- Out-of-state operators must purchase and display a valid trail pass.
- Riders and passengers under age 18 must wear a DOT-approved helmet.
- A rider gives implied consent for alcohol testing if an officer has probable cause to stop them.
- Operators under age 21 must comply with “absolute sobriety” standards.
- Riders can't operate a UTV on an ATV trail, route, or corridor.
- In most instances, public highway operation is illegal or restricted.
- Wisconsin has a system of standardized trail and route signs.
ATV vs. UTV
Wisconsin Conservation statutes define whether an off-highway vehicle is an ATV or a UTV. The statutory descriptions regarding off-road vehicles reflect ongoing revisions passed by the Wisconsin Legislature.
All-Terrain Vehicle (ATV)
- Commercially designed and manufactured
- Travels on three or more tires
- Motor-driven
- Dry weight of 2,000 pounds or less
- No wider than 65 inches
- Seat designed for the operator to straddle
Utility Terrain Vehicle (UTV, Side by Side, SxS)
- Commercially-designed and manufactured
- Dry weight up to 3,00 pounds
- Four or more tires
- A steering wheel
- Lights: taillights, brake lights, and two headlights
- No wider than 65 inches
- A system of seat belts or restraints for each occupant
- A structure designed to reduce rollover
Types of ATV Accidents
The Consumer Product Safety Commission determined that essential ATV/UTV design criteria often cause or contribute to accidents. These features include a short wheelbase, a narrow track, and a high center of gravity, which can cause handling issues.
National safety agencies have concluded that most fatal ATV/UTV crashes fall within these categories.
- Collision
- Overturn
- Ejection
- Other
An ATV or UTV rider must only report an incident if it involves a fatality or an injury requiring a doctor's treatment.
The operator must report an incident with injuries to a law enforcement officer “…without delay…” They must also submit a written report to the DNR within ten days. Because of the self-reporting requirement, minor accidents go unreported and undocumented.
ATV Recalls
ATVs and UTVs don't meet National Highway Transportation Administration vehicle manufacturing guidelines. The CPSC regulates ATVs and UTVs as they would any other consumer product.
The agency establishes safety standards, receives consumer complaints, and recalls vehicles when necessary.
They have initiated several ATV and UTV recalls due to non-compliance with standards and safety hazards that could cause accidents or injuries.
Some of the recalled items include.
- Luyuan Youth ATV Recall: Units sold for riders under age ten don't meet maximum speed limitations and CPSC safety requirements.
- American Honda Recalls: The manufacturer's off-highway UTVs have steering and function issues that might cause a crash.
- Arctic Cat Inc ATV Recalls: CPSC initiated two recalls: A pressure switch leaked brake fluid; a gear case component failure could cause control issues.
- Maxtrade: Their ATVs' parking brakes didn't prevent them from moving. ATVs failed to meet safety standards.
ATV and RV Accident Injuries
Off-highway vehicle riders often sustain crash-related severe injuries as they have minimal protection, and ATVs have no safety restraints.
The CPSC's most recent annual report of off-highway vehicle Deaths and Injuries estimates that 105,400 ATV riders and passengers nationwide visited emergency departments.
They further determined that vehicle rollovers and occupant ejections cause the most serious and fatal injuries. Fracture is the most common injury. The documented head, neck, arms, shoulder, and torso are the most frequently injured body parts.
Injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Back and neck injuries
- Disc fractures and dislocations
- Soft tissue injuries
- Internal organ damage and bleeding
- Burns
ATV/UTV Accident Injuries in Wisconsin
During its most recent reporting year, the Wisconsin Department of Natural Resources documented fatal and nonfatal injuries based on reported accidents throughout the state.
- Non-Fatal Injuries: ATV 177; UTV, 134
- Fatal Injuries: ATV, 34; UTV, 13
While no fatal accidents occurred in Green Bay or Brown County, several riders lost their lives in nearby Oconto and Shawano counties.
How an ATV Accident Attorney Helps You Obtain Compensation
When Nicolet Law Accident & Injury Lawyers negotiate a claim for our clients, we seek all legally recoverable compensation.
A final settlement usually incorporates economic and non-economic damages. If we try a case, we sometimes seek punitive damages.
Economic Losses
This includes out-of-pocket expenses incurred during treatment, recovery, and rehabilitation.
When treatment is ongoing, a settlement includes estimated future expenses. Economic damages include:
- Treatment Costs: Hospital bills, doctor bills, and other medical bills. Economic losses include follow-up medical care, physical and psychological therapy, mobility structures and devices, funeral and burial expenses, and other calculable costs.
- Lost Income: Lost wages, business losses, or self-employment losses.
Non-Economic Losses
We negotiate a settlement figure that places a fair value on an injured victim's emotional, psychological, and other subjectively assessed losses.
Non-economic damages sometimes include:
- Pain and Suffering
- Psychological trauma
- Losses to family and spousal relationships
- Diminished quality of life
- Disfigurement
- PTSD
- Permanent impairment or scarring
Punitive Damages
Juries sometimes award punitive damages based on Wisconsin's punitive damage statute to punish the wrongdoer.
According to Wisconsin law, our attorney must present evidence that proves the defendant “acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.”
Your dedicated Wisconsin ATV accident attorney will diligently pursue all forms of compensation that you’re entitled to.
Who is Responsible for ATV Accidents?
When you suffer injuries in an ATV or UTV accident, we investigate the circumstances and evaluate all the evidence.
When trail-riding with recreational vehicles ends with a crash, multiple people or entities are sometimes responsible for property damage and bodily injuries.
- Other ATV Owners/Riders: When another ATV operator crashes into you, they owe damages due to their negligent actions. If owners let unsafe operators use their vehicles, they share liability.
- ATV Manufacturer: Accidents and other casualties occur when manufacturers produce defective off-highway vehicles or disregard safety standards. A manufacturer shares liability if a manufacturing or design defect causes or contributes to a crash.
- Motor Vehicle Operators: The Insurance Institute for Highway Safety determined that 73 percent of fatal ATV accidents occur on minor, rural roads. If a motor vehicle operator's negligent actions contribute to an accident, they share liability for the crash.
- Property/Trail Owner: When an accident occurs due to a poorly maintained or constructed trail, the owner shares liability for the accident and injuries.
- Vehicle Maintenance Contractor: When an accident involving improper or inadequate vehicle maintenance or repair causes a crash, the service contractor shares liability.
- Supervising Adults: Young drivers require adult supervision. When an adult doesn't meet this duty, they share responsibility for the child's actions.
Negligent Parties and the Insurance Company Want to Avoid Paying Your Claim
When one person injures another, they rarely accept responsibility, at least not voluntarily.
Negligent parties, their insurers, and their attorneys often begin planning their defense strategies as soon as an accident occurs.
- Negligent people don't always report accident claims to their insurers. If they file a claim, they often report it as a “no liability” incident.
- Some responsible parties have no insurance policy, so they take no action.
- When a negligent party has liability insurance, the insurer controls the negotiations. They sometimes deny liability or make a low offer, forcing the injured party into filing a lawsuit.
- Negligent parties sometimes avoid producing key evidence under their control. This is often a concern when a defective product causes injuries. Sometimes, the Consumer Product Safety Commission forces manufacturers to recall defective products and take responsibility for their actions.
- Some negligent parties prefer to try a case. They proceed, hoping that an injured plaintiff will not have the necessary evidence to prove their allegations.
At Nicolet Law Accident & Injury Lawyers, we understand how negligent parties, their insurers, and attorneys operate.
We manage their defense strategies by building our cases as soon as possible after an accident. We obtain the evidence we need to present a compelling case.
When it's time to resolve our client's cases, our preparation gives us the tools to produce optimum results.
Contact Our Green Bay ATV Accident Attorneys
If you or a family member sustained injuries in an ATV/UTV accident, you shouldn't handle your claim alone.
When you hire Nicolet Law Accident & Injury Lawyers' Green Bay ATV accident injury attorneys, we handle the complex liability issues and protect your legal rights.
Contact us for your free consultation. Please click our chat button, visit our contact page, or call us at (920) 504-3655.