The Frank Jenkins Law Office, based in Lexington, has been representing injured people across Kentucky for more than 20 years. Our attorneys are dedicated to helping victims obtain the justice they deserve – and the compensation they need. In fact, Frank Jenkins was voted the people's Favorite Attorney in the Reader's Choice 2014 Lexington Herald-Leader poll.
Many people in Kentucky ride all-terrain vehicles. The three-wheeled and four-wheeled motorized vehicles are designed to handle Kentucky’s rugged off-road terrain. Even for experienced riders, ATVs are dangerous and serious injuries are common. Kentucky ranks among the states with the highest number of fatal injuries involving ATV accidents.
The legal staff of Frank Jenkins Law Office has assisted many Kentucky residents who have been injured in motor vehicle accidents. We’re available to help you and your family with your accident claim.
All-terrain vehicles include any motorized vehicle used for recreational off-road riding. The vehicles weigh up to 600 pounds, yet can easily roll over. In fact, a majority of ATV injuries are related to overturning. According to a national study of injuries related to ATVs, half of head injuries were related to ATVs overturning and three quarters of injuries to riders’ torsos. If the vehicle overturned because of an unsafe design, you may have a legal right to seek compensation for injuries.
Kentucky Has High Number of ATV-Related Fatal Accidents
Kentucky reported 459 deaths in ATV accidents from 1982 to 2008, according to the Consumer Products Safety Commission. From 2009 to 2012, Kentucky had 119 deaths —ranking third highest among states.
More than 100,000 people were injured in ATV accidents nationwide in 2012, according to the Consumer Product Safety Commission. About 25 percent of the injuries involved children under 16.
Common injuries involving ATVs include:
- Head Injuries—More than one in five ATV injuries in Kentucky is a concussion or brain injury, according to the Brain Injury Association of Kentucky. Head injuries are much more likely in riders who are not wearing helmets.
- Crushing Injuries—ATVs, particularly the three-wheeled models, are unstable and easily tip over, trapping riders and passengers underneath.
- Injuries to arms, legs, hands and feet
- Torso Injuries—Three quarters of torso injuries were related to ATVs overturning.
- Fractures
- Contusions/Abrasions
Most ATV accidents occur during the months from May through September when more people are outdoors, according to the ATV Safety Information Center. Most riders who are injured in ATV accidents are males 35 five years old and younger.
ATV Accidents on Roadways in Kentucky
Kentucky prohibits riding ATVs on public roads except to cross a road or if the ATV is engaged in agricultural uses. Farmers are permitted to ride ATVs on roads to get from one property to another.
Kentucky had the most ATV fatalities on paved roads of any state in the U.S. According to the Insurance Institute for Highway Safety, 122 died between 2007 and 2011 in ATV accidents on paved roads in Kentucky. ATVs are not designed for use on public roads. Other motorists often fail to see ATVs on the road. In a collision, ATVs offer no protection to the rider and passenger, and ATV-related deaths have increased substantially as the popularity of ATVs has increased.
If you are in an ATV accident, here are four things to do:
- Seek medical attention right away.
- Collect the names, addresses and insurance information of others involved in the accident. Make notes about the location and time the accident occurred and weather conditions at the time of the accident.
- Gather information about the make and manufacturer of the ATV. The manufacturer of an ATV with a design that is unnecessarily dangerous may be held responsible for an accident. In the late 1980s, ATV manufacturers agreed to stop distributing three-wheeled ATVs because of the number of injuries and deaths associated with them. Many three-wheel models remain in use.
- Do not give a statement to an insurance representative representing another person involved in the accident.
The Frank Jenkins Law Office will provide a thorough review of your case and your legal options. If you don’t know whether you accident requires a lawsuit, we will provide a FREE initial consultation to determine if you have a case.
If you have been seriously injured as a rider or passenger in an ATV accident, contact the Frank Jenkins Law Office today at 859-389-9344.