North Dakota ATV Accident Lawyers

ATV and UTV Accident Attorneys in North Dakota

Drew Epperly
North Dakota ATV Accident Attorney, Drew Epperly

Award-winning Accident Attorneys in North Dakota

At Nicolet Law Accident & Injury Lawyers, we understand that an all-terrain vehicle or ATV accident can leave you or a loved one with physical and emotional scars that last a lifetime. We're here to guide you through the complexities of the legal system so that you can focus on healing and recovery. Our North Dakota ATV accident attorneys are dedicated to recovering the financial resources you need to pay your past, current, and future medical expenses and any other damages resulting from your ATV accident.

ATV accidents are not just simple accidents. From head trauma to spinal cord injuries, fractures to burns, an ATV accident can overwhelm you. That's why our team of experienced North Dakota ATV injury attorneys dedicates ourselves to providing excellent representation for our clients. We understand that you need someone in your corner to fight for your rights and hold those responsible accountable.

We don't just provide legal services at Nicolet Law Accident & Injury Lawyers. We care about our clients and their well-being. We tailor our approach to your case to how your ATV accident affects you. Our client-focused law firm will work to ensure the best possible outcome, and we won't stop until we achieve it. Contact us today to see how we can help you.

Don't let your ATV accident overwhelm you. Our experienced North Dakota injury lawyers can hold those responsible accountable and recover your compensation. Contact us now for your free consultation at 1-855-NICOLET.

Injured in North Dakota? Get Nicolet.

Why Choose Nicolet Law Accident & Injury Lawyers for Your North Dakota ATV Accident?

ATV's riding through trail in North Dakota

After your ATV accident, choosing the right attorney can make all the difference. At Nicolet Law Accident & Injury Lawyers, we provide high-quality legal representation to recover maximum compensation so you can move forward after your accident.

  • Experience and positive outcomes. Our attorneys have years of experience handling personal injury cases, including ATV accidents. We have recovered over $55 million for our clients through jury verdicts and settlements and have a history of successes since 2007. Our clients trust us to win their cases and obtain the maximum compensation they deserve, freeing them from financial worries and enabling them to focus on their recovery. The life-changing benefits of these results drive us to hold insurance companies responsible and advocate for the financial restitution our clients require.
  • Our core values make us better lawyers. We care deeply about our clients and their families and take a personalized approach to every case. We don't represent big corporations - we represent individuals from our community.

We win because we fight for our clients to safeguard their interests and ensure they get what they truly need from their cases. Our goal is not just to win a trial or get the maximum settlement but to exceed our clients’ expectations.

We strive to be the best law firm in North Dakota. We want our clients to look back on their cases and realize that they made the best decision in hiring us. We take the tough cases that other attorneys turn away. At Nicolet Law Accident & Injury Lawyers, we don't shy away from a challenge. We take the time to thoroughly investigate every detail to develop a winning strategy, ensuring that every client deserves a fair chance at receiving compensation for their personal injury.

Our history of success with cases that seem to have little value speaks for itself. Winning those tough cases is a testament to our perseverance and commitment to justice and has brought us glowing testimonials from our clients and their families.

  • Award-winning reputation. A recent reader's poll named us the Best Personal Injury Attorneys. The National Trial Lawyers Association, the National Academy of Personal Injury Attorneys, Super Lawyers, and other prestigious organizations have recognized us for our accomplishments. Judges, juries, peers, and clients respect our attorneys for their knowledge, dedication, and ethical representation. Everyone at Nicolet Law Accident & Injury Lawyers constantly pushes themselves to improve, learn more, and stay current with the latest trends and cases in personal injury law.
  • No fees unless we win. We work on a contingency fee basis, so you only pay us if we win your case. We believe everyone deserves access to justice, regardless of their financial situation. We're committed to transparency, communication, and making legal representations affordable. That's why we also offer free consultations, with no obligation to hire us, to help you understand your legal options. We always leave our doors open to discuss your case, and we'll keep you informed throughout the entire legal process. You'll receive regular updates on the status of your case, so you don’t need to worry about the legal details.

By choosing Nicolet Law Accident & Injury Lawyers for your ATV accident case, you can feel confident that you will receive the highest quality representation and have the best chance of achieving a successful outcome. Contact us today for a free consultation to discuss your case and learn how we can help.

What Causes ATV Accidents?

According to the latest information from the Consumer Product Safety Commission (CPSC), United States emergency departments treated about 112,300 ATV-related injuries in one recent year. Many resulted from rollovers and collisions with stationary objects like trees, rocks, people, and animals.

The CPSC also reports that some of the most common factors contributing to ATV accidents include:

  • Lack of training or experience operating the vehicle
  • Excessive speed
  • Riding on paved roads or surfaces not intended for ATVs
  • Carrying passengers or cargo beyond the vehicle's capacity
  • Operating the vehicle while under the influence of drugs or alcohol
  • Failing to wear proper safety gear, such as helmets and protective clothing

If an ATV accident injured you or a loved one, you need a lawyer who understands the common causes of these accidents and how they can affect your case and your life. An experienced ATV accident attorney at Nicolet Law Accident & Injury Lawyers will know all of the relevant off-road vehicle laws and can pursue the compensation you need and deserve.

What Are Common ATV Injuries?

Most recreational off-highway vehicle (ROV) accidents involving severe injury or death eject people from the vehicle. Two recent years saw 18 reported fatal ATV accidents in North Dakota. Statistics show an increasing rate of fatalities from ATV accidents.

ATV accidents can result in many severe and life-threatening injuries, including:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Fractures and broken bones
  • Dislocations
  • Soft tissue injuries, such as sprains and strains
  • Lacerations and contusions
  • Burns
  • Eye injuries
  • Death

Injuries from an ATV accident can have a significant impact on a person's life, both physically and financially. Medical bills can quickly add up, and the injured person may need time off work to recover, which can result in lost income. In some cases, the injured person may also require expensive, ongoing medical treatment and care.

Certain off-road injuries, especially in children and young adults, may not manifest right away. We work with your medical providers so you can get the best medical treatment, therapy, and care while your legal case proceeds.

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Accident Liability and Negligence

North Dakota classifies ATVs as off-highway vehicles or OHVs. North Dakota law defines an off-highway vehicle as any motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain. This includes utility task vehicles (UTV) like side-by-sides and other four-wheeled recreational vehicles.

In an ATV accident case, liability and negligence can significantly affect the case outcome. Liability refers to the legal responsibility for the accident, while negligence refers to a failure to exercise reasonable care that harms another person.

An attorney must thoroughly investigate the accident to establish liability and negligence in an ATV accident case. This investigation may involve gathering witness statements, obtaining accident reports and medical records, and consulting accident reconstruction experts.

Factors that may contribute to liability and negligence in an ATV accident case include:

  • Failure to follow manufacturer guidelines or warnings
  • Inadequate maintenance or repairs
  • Failure to adequately train a recreational driver
  • Failure to provide adequate safety gear or enforce its use
  • Driving under the influence of drugs or alcohol
  • A government agency failing to remove trail hazards
  • Operating the ATV recklessly or carelessly
  • Violating state or federal ATV regulations
  • A dealer or manufacturer renting or selling a recalled or defective ATV
  • Failing to keep safe or maintain the vehicle

Off-highway vehicles and ATVs driving on public lands in North Dakota must register with the North Dakota Department of Transportation. The law may exempt an ATV on public land if it is registered in another country and used temporarily in North Dakota. Other exemptions include an ATV licensed in another state that was brought to North Dakota for no more than 30 days, and off-highway vehicles strictly used in organized racing events.  

You must work with an experienced ATV attorney in North Dakota who understands the nuances of these complex cases to establish liability and negligence. An attorney can navigate the legal process and build a strong case for you.

How Much Is My ATV Accident Worth?


When an ATV accident injures you or a loved one, you may recover compensation for your injuries and other damages, including:

  • Medical expenses: This can include the cost of hospitalization, surgery, medication, and other medical treatment related to the accident.
  • Lost income: If you can’t work because of the accident, you may recover compensation for lost earnings and other employment-related benefits.
  • Pain and suffering: This can include compensation for physical pain, emotional distress, and other non-economic damages related to the accident.
  • Property damage: If the accident damaged your ATV or other property, you may recover compensation for repair or replacement costs.
  • Punitive damages: In some cases, a court may award punitive damages to punish the at-fault party for particularly egregious behavior.

The types and amount of compensation available in an ATV accident case will depend on the specific circumstances of the accident, as well as the severity of your injuries. An experienced ATV accident attorney at Nicolet Law Accident & Injury Lawyers can work to pursue the maximum compensation possible.

Does Insurance Cover ATV Accidents in North Dakota?

A common question is who pays the medical bills in an ATV accident.

Insurance coverage in ATV accident cases can affect the compensation available to the injured party. North Dakota requires current registration and liability insurance when riding on designated trails like Pembina Gorge State Recreation Area.

Several types of insurance coverage may apply in an ATV accident case, including:

  • Liability insurance. This insurance covers damages or injuries you may cause to another person or their property while operating your ATV.
  • Medical payments coverage. This insurance covers medical expenses related to injuries sustained in an ATV accident, regardless of fault.
  • Uninsured/underinsured motorist coverage. This insurance provides coverage if you are in an accident with someone who lacks sufficient insurance coverage to pay for your damages and injuries.
  • Health insurance. Health insurance may cover injuries from ATV accidents that ATV insurance or other liability coverage does not. However, some health insurance policies may exclude hazardous activities, including ATV injuries, and our lawyers can confirm this with your insurance provider directly.

Insurance companies may sometimes deny or limit coverage for an ATV accident claim. Our experienced attorneys can analyze your insurance coverage and fight to recover the maximum compensation available under any relevant insurance policy.

Comparative Fault in a North Dakota ATV Accident

In North Dakota, comparative fault may apply in ATV accident cases. Under comparative fault, a court will assign a percentage of fault to each party involved in the accident. If the injured party partially caused the accident, their recovery of damages may decrease in proportion to their degree of fault.

Work with an experienced attorney who understands comparative fault in ATV accident cases. Our attorneys can explain your rights and minimize any reduction in your recovery of damages.

The Importance of Legal Representation

Insurance companies have teams of skilled attorneys to defend their interests in litigation, making it difficult for you to receive fair compensation without proper legal representation. That's why you must hire an experienced and knowledgeable attorney who can effectively challenge the insurance company's legal team.

The strength of your legal argument and your attorney's ability to negotiate and litigate your case can significantly influence the amount awarded in your insurance claim. With our team of dedicated North Dakota ATV accident and injury attorneys, you can rest assured that we will fight till the end to ensure you receive fair and maximum compensation.

Settling vs. Going to Trial on an ATV Accident

In an ATV accident case, you will generally take one of two paths to resolving the case: settlement or trial. Both options have their pros and cons.

Settling an ATV Claim

A settlement is an agreement between the injured party and the at-fault party (or their insurance company) to resolve the case outside of court. Settlements are typically faster and less expensive than trials. An agreement to settle an ATV accident claim provides the injured party with a guaranteed outcome rather than risking an unpredictable court verdict. However, settlements may result in less compensation than a court might award.

Filing a Lawsuit

Going to trial involves presenting evidence and arguments to a judge or jury, who will ultimately decide the case’s outcome. Trials allow the injured party to tell their story and present their case in full. People injured in North Dakota ATV accidents might recover more damages through a trial than a settlement. However, lengthy, expensive, unpredictable trials might result in no compensation. You must also meet a deadline to file a lawsuit for personal injuries in North Dakota.

The attorneys at Nicolet Law Accident & Injury Lawyers have an immense wealth of knowledge and experience at taking cases to trial. Winning an ATV trial requires confidence, convincingly presenting your case, and connecting with jurors and judges. Our experienced ATV accident lawyers in North Dakota can explain the pros and cons of each option and guide you toward the most appropriate path for your case.

5 Ways Nicolet Law Accident & Injury Lawyers Can Help You With Your ATV Injury Case

  1. A free consultation. We offer a free consultation to explain your legal rights and options immediately. We can even conduct a consultation on the same day you contact us and meet you in the hospital or at your home so you don't have to wait to get the legal help you need.
  2. Help you find the right doctors. You need the right medical care for your recovery after an injury. We can help you find trusted doctors specializing in treating your injury. We want to ensure you receive the care you need without worrying about medical bills.
  3. Communicate with insurance companies. Claims adjusters use tactics and tricks to reduce your settlement. We'll handle all communications and stressful and confusing negotiations with insurance companies and other parties for you.
  4. Investigate the accident. We gather evidence and investigate the ATV accident to build a strong case. This may include visiting the accident scene, interviewing witnesses, and collecting all relevant information to build a strong case. Our team of experienced investigators and accident reconstruction experts know how to uncover the facts to help your case.
  5. Represent you in court. We can take your personal injury lawsuit to court if negotiations with the insurance company break down. We have a long record of successfully litigating personal injury cases, and we prepare every case from the beginning as if we must present your case in front of a judge or jury.

Contact an Experienced North Dakota ATV Accident Lawyer

You want to know what to do next after a utility terrain vehicle accident injured you due to someone else’s negligence.

Pain, discomfort, and lost income can leave you feeling lost and helpless. We believe that injured individuals deserve justice and compensation for their losses.

Our knowledgeable North Dakota ATV accident lawyers will take care of the legal complexities of your case. You need the highest quality representation to have the best chance of achieving a successful outcome.

You’ve been injured. Call Nicolet Law Accident & Injury Lawyers, and we’ll handle the rest. We will explain your legal options and fight to recover all of the compensation you deserve. Reach out to a North Dakota personal injury lawyer.

Contact us today for your free consultation, and let our ATV accident attorneys take the burden off your shoulders. Call us now at 1-855-NICOLET and take the first step to see if we are the right law firm for you and your family.

Nicolet Law Accident & Injury Lawyers

Address: 125 Main Street Suite 216,
Williston, ND 58801

Phone: 1-855-642-6538
Morgan A.
"Lindsay gave the best, consistent communication through the whole process and made it clear that my voice was respected and I was in good hands. At the end of the day, I had final say on the action taken, and with her help I feel supported and more hopeful. Great experience with her from start to finish!!!!"
Deanna S.
"Russell Nicolet represented me for a personal injury case. He was kind, compassionate, and professional. He made my concerns his concerns. He was quick to respond to my calls and emails. He kept me up to date on the progress of the case. Every interaction with Russel and his staff was a positive experience. If you are looking for a personal injury attorney, I highly recommend Russell, or his colleagues at Nicolet Law."