There’s nothing quite like the freedom of being in an open-air vehicle, which is why millions of people love driving or riding on ATVs (also known as all-terrain vehicles or 4-wheelers). But because of their high center of gravity and lack of safety features like doors or safety cages, passengers are at an extreme risk of injuries due to rollovers or ejection. In 2022 alone, there were nearly 95,000 emergency room visits from ATV accidents. In 2023, the Consumer Federation of America reported that nearly 500 people died in off-highway vehicles.        

In Illinois, it is illegal to drive or operate an ATV on any state highway, street, or roadway unless it has been approved by the local jurisdiction. Still, ATV injuries on rural roads happen all the time. They can be severe and the victims are often kids. 

If you or a loved one has been hurt in a recreational vehicle accident, whether on a road or private property, you could have tremendous medical bills and injuries that impact your future. Knowing how to seek compensation to cover those costs may bring some peace of mind in a difficult time. 

Does Insurance Cover ATV Accidents?

Although Illinois does not require ATV insurance for off-roading, you must carry coverage if you drive the vehicle on approved roadways. An ATV policy is separate from a regular auto policy, and Illinois requires the same minimum liability coverage as it does for a motorcycle, which is:

• $20,000 for the death or injury of one person
• $40,000 for the death or injury of more than one person
• $15,000 of coverage for property damage

Homeowners insurance might provide personal liability coverage if the accident occurs on your property, depending on the policy and circumstances of the accident. 

Health insurance may cover ATV injuries, but there could be exceptions in your policy that state the insurance company will not cover “dangerous or hazardous activities.” The company may also deny coverage if there is proof that another party’s negligence caused the injuries. In a majority of cases, health insurance companies advise injured clients to seek compensation from their ATV policy to cover medical bills. 

What if Insurance Doesn’t Pay for My ATV Accident Injuries?

Unlike a typical car accident, the unstable structure of ATVs can result in traumatic injuries. Rollovers, ejections, and collisions happen often, resulting in fractures, lacerations, internal organ damage, traumatic brain injuries, and death. More than 40% of injured passengers are children, whose bodies are extremely fragile. Even when insurance does agree to pay for injuries, medical bills and lost wages (of the victim or their parents) often exceed the minimum amount covered in a policy.   

In some situations, it’s possible to seek compensation from other parties besides insurance companies. It can be difficult to decipher who is to blame for injuries on rural roads, but a personal injury lawyer will work to determine the answer. Possible liable parties can include:

The Vehicle’s Owner

Owning an ATV comes with a duty to ensure the vehicle is properly maintained and safe to operate. If an accident occurs due to a lack of maintenance or mechanical failure, the owner could be held liable for any resulting injuries. The owner can also be found at fault if they disobey the law, such as allowing the vehicle to be driven by a minor. In Illinois, ATV drivers must be at least 16 and have a valid driver’s license. 

The Driver

If an ATV driver fails to operate the vehicle safely resulting in harm to others, they may be held liable for damages. This can be due to driving recklessly, driving under the influence of drugs or alcohol, speeding, or driving on a road that is not approved for ATV use. 

The Manufacturer

If a defect causes the ATV to malfunction and injure passengers, the manufacturer of the vehicle can be sued. One recent example is a 2024 fatal accident in which four passengers were riding in a Polaris RZR. When the front-side shock absorber failed, one corner of its suspension collapsed and the vehicle nosedived into the ground. It then flipped into the air and caught fire, finally flipping upside down and killing the four young people inside. The families of the victims sued Polaris for negligence. They claimed the company marketed and sold the product despite a documented history of fire risks and that there was a “known defect” with the engine and exhaust system generating “excessive” heat behind the passenger seats. 

The verdict is not yet in on that case, but Polaris has a long history of lawsuits due to similar manufacturer defects. In 2018, Polaris agreed to pay a $27 million civil penalty in a class action settlement with the U.S. Consumer Product Safety Commission, after they continued selling vehicles with engines known for having a risk of catching fire.

How Much Compensation is Available to ATV Accident Victims?

Individuals who have been injured due to someone else’s negligence should not have to take on a lifetime of debt. Legally, victims and their families are entitled to compensation to pay for:

• Medical expenses
• Physical therapy
• Equipment needed to adapt to a disability resulting from the accident
• Emotional distress including depression, anxiety, and PTSD
• Pain and suffering which diminishes quality of life
• Lost wages
• Future childcare needs in cases where a parent’s life is lost
• Wrongful death

If insurance companies agree to pay for any injuries, chances are they will offer you a minimal amount that will not cover all of the above expenses. At Kane Personal Injury, we understand the complexities of ATV accidents. We will work to determine who is to blame for injuries and pursue the maximum amount of compensation that you deserve.

Contact our Effingham office today to discuss your case for free.