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ATVs are fun and useful. When one rolls, crashes or fails, the injuries are often serious.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it. Pennsylvania riders use ATVs on trails in our state forests and the Allegheny National Forest, and farmers and landowners rely on them for work. ATVs can be powerful and fast, and they offer riders little protection. A rider can be thrown or crushed in a rollover or collision.
Common Causes of ATV Accidents
- Rollovers on hills, slopes and uneven ground
- Collisions with cars and trucks on or near roads
- Inexperienced or underage riders on machines too large for them
- Carrying passengers on ATVs not designed for them
- Riding under the influence of alcohol or drugs
- Defects in design, stability, brakes, throttles or other parts
Common Injuries
- Broken bones
- Concussions and traumatic brain injuries
- Spinal cord injuries
- Burns and lacerations
- Amputations
- Scarring and disfigurement
Who May Be Responsible
- A careless rider or driver who caused the crash.
- An owner who let an untrained or underage rider use the machine.
- The manufacturer or seller of a defective ATV or part.
- A landowner or business, in some cases. Pennsylvania’s Recreational Use of Land and Water Act generally protects landowners who open land to the public for free recreation. That protection does not apply to a willful or malicious failure to guard or warn against a dangerous condition, or when the owner charges people to enter.
Pennsylvania Rules You Should Know
- Young riders. Riders ages 8 to 15 may ride only on land owned or leased by a parent or guardian unless they have completed a state ATV safety course and hold a safety certificate (75 Pa.C.S. § 7725).
- Registration and insurance. ATVs must be registered with the state Department of Conservation and Natural Resources. An ATV ridden off the owner’s own property needs a general registration and liability insurance, and the rider should carry proof of insurance.
- Deadline. Most injury lawsuits must be filed within two years.
- Injured children. For a child, the two-year deadline generally does not start running until the child turns 18. Waiting is rarely wise, though. Evidence and witnesses are easier to find early.
- Shared fault. You can recover if you were 50% or less at fault. Your award is reduced by your share.
- Defective products. A manufacturer or seller can be held responsible for a defective product. A design defect can be shown by what an ordinary consumer would expect, or by weighing the risks of the design against the cost of a safer one.
- No cap. Pennsylvania does not cap compensatory damages in these cases.
How We Build ATV Cases
- Thorough investigation. We visit the scene, gather photos and witness statements, and secure medical records early.
- Keep the machine. The ATV itself is key evidence. We work to keep it from being repaired, sold or scrapped.
- Find the insurance. We look at the rider’s, the owner’s and the landowner’s coverage, along with any product claim.
- Experts when they matter. Engineers and reconstructionists explain how the crash happened and whether a defect played a role.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Scarring, disfigurement and permanent disability
- Wrongful death and survival damages for the family of a person killed
Representative Results
- A high six-figure confidential settlement for a client seriously injured in an ATV accident. The case required significant investigation and was resolved without trial.
See more case results. Every case is different. Past results do not guarantee or predict a similar outcome.
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
