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An ATV crash in Missouri isn’t like a typical car wreck. These vehicles are unstable on pavement, prone to rollovers, and offer little protection to riders. When something goes wrong, the injuries are usually severe, and the legal questions are more complicated. Who was operating the ATV? Whose land were you on? Was there a mechanical defect? Each of these details affects who is legally responsible for your losses.
Meanwhile, you’re left with medical bills, time away from work, and the stress of recovery. That’s where an experienced Kansas City ATV accident lawyer comes in. At Walner Law, we understand Missouri’s off-road rules and the insurance tactics that follow serious recreational crashes.
If you or a loved one was injured in an ATV accident, call us at (312) 410-8496 for a free consultation.
For over 60 years, Walner Law has been a trusted advocate for the injured. Our practice is dedicated to personal injury cases, which allows us to develop a deep understanding of claims just like yours.
We operate on a contingency fee basis. This means you pay nothing unless we secure a financial recovery for you. Our commitment includes:
Our history is marked by securing significant settlements and verdicts for clients who have suffered life-altering injuries. We are prepared to stand up to insurance companies to pursue the maximum compensation available for you.
Because ATVs offer little to no protection in a crash, the injuries are usually serious. Rollovers, ejections, and collisions cause devastating harm. Some of the most common injuries we see include:
Responsibility might lie with more than one person or entity.
Many accidents are caused by operator error. If another rider’s carelessness, such as speeding, driving recklessly, or operating under the influence, caused your injuries, they could be held accountable.
Landowners have a duty to keep their property reasonably safe for visitors. This legal concept is known as premises liability. If you were injured because of an unmarked hazard, like a hidden ditch, a low-hanging wire, or a dangerous trail condition that the owner knew about (or should have known about), the property owner might be liable.
Sometimes, the accident isn’t the rider’s fault at all. A defect in the vehicle’s design or a faulty part can lead to a crash. In these situations, a product liability claim may be filed against the manufacturer or the maker of the defective component, such as faulty brakes or tires.
In some cases, other parties could share responsibility. This might include a mechanic who performed a faulty repair or a rental company that failed to maintain its vehicles properly.
A personal injury claim aims to provide financial stability to cover every loss caused by the accident. We will pursue compensation for all damages available under Missouri law, which are typically divided into three categories.
Think of these as every dollar the accident has forced you to spend or lose. They are the tangible financial losses that are tallied with receipts and invoices.
These damages compensate you for the intangible, personal losses that don’t come with a price tag but significantly affect your quality of life.
Missouri follows a legal doctrine called “pure comparative negligence.”
Simply put, this means you are still able to recover damages even if you are found to be partially at fault for the accident.
Your total compensation award is reduced by your percentage of fault. For example, if you were found to be 10% at fault, your final recovery would be reduced by 10%. Under this system, a person found 99% at fault could still technically recover 1% of their damages.
ATV accidents happen because riders, or other negligent parties, fail to follow state laws and basic safety practices. A knowledgeable Kansas City, MO ATV accident lawyer will investigate whether a violation of these statutes contributed to your injuries.
The state has specific regulations for all-terrain vehicles. Some of the most important ones include:
While an ATV accident can happen anywhere, they are most common in rural areas and designated off-road parks. Missouri has one of the higher rates of ATV-related fatalities in the nation. In the Kansas City region, we see incidents occur in several types of locations.
Many riders travel to designated parks for recreation. While these areas are designed for ATVs, accidents still happen due to poorly maintained trails, rider congestion, or the negligence of other riders. Popular areas within a few hours’ drive of Kansas City include:
A significant number of accidents happen on private farms, ranches, and large rural properties. These incidents may occur due to:
Despite laws prohibiting it, many serious ATV accidents occur when riders illegally operate on paved or gravel roads. Collisions with cars, trucks, and fixed objects are common in these scenarios.
After an accident, you will likely deal with one or more insurance companies. It helps to remember that an insurance company is a business. Their model requires them to balance paying out fair claims with making a profit. Your goal is to secure a full and fair settlement and their goal is to resolve the claim for the lowest amount possible.
While we handle the legal work, there are several things to do to help protect your right to fair compensation.
In Missouri, the statute of limitations for most personal injury cases is five years from the date of the injury. It is always best to act much sooner to preserve evidence and build the strongest case possible.
In most cases, a claim would be filed against your friend’s homeowner’s insurance policy, not against them personally.
Possibly. Liability waivers are not always ironclad. If the park owner’s extreme carelessness or intentional misconduct caused your injury, the waiver might not be enforceable. It’s best to have a lawyer review the document and the circumstances of your accident.
If a defective tire, brake system, or other component caused the accident, you may have a product liability claim against the ATV’s manufacturer or the part manufacturer.
If the at-fault operator has no insurance, you might be able to file a claim under your own auto insurance policy’s uninsured motorist (UM) coverage. Missouri law requires all drivers to carry this coverage, which could apply even if you weren’t in a car at the time of the accident.
Yes, this is a common practice. It’s a legal concept known as subrogation. Your health insurer has a right to be reimbursed for the medical bills they paid on your behalf. We will handle these negotiations to reduce the amount you have to pay back, maximizing the money that stays in your pocket.
With the right guidance, you could hold the responsible party accountable and secure the resources you need to move forward. Let our experience work for you.
For a free, confidential discussion about your Kansas City ATV accident claim, call Walner Law now. We are here to listen and to help. Contact us at (312) 410-8496.
