Personal Injury Claims from ATV and Recreational Vehicle Accidents in Oklahoma

Even though riding an all-terrain vehicle (ATV) or recreational vehicle can be a thrilling and enjoyable experience, accidents from these types of vehicles can be traumatic, devastating, and catastrophic. If an individual survives one of these accidents, they may experience severe and life-threatening injuries that impact every aspect of their lives going forward.

While you may have very limited options if you cause your own ATV or recreational vehicle accident, you may be able to file a personal injury claim and seek compensation if you believe someone else’s negligent actions caused your accident.

Recent ATV accidents in or near Oklahoma City

Unfortunately, there have been several recent ATV accidents in and near Oklahoma City. Below, we will briefly go over a few of these accidents.

• June 2024: At the end of June, two young children (an 8-month-old and a 2-year-old) were killed in an ATV accident at Happy Trails ATV Park in Cleveland County, which is about 30 minutes from Oklahoma City. The 8-month-old died quickly after being transported to the hospital, and the 2-year-old died a few days later due to his critical condition.
• March 2024: In March, a 13-year-old was involved in an ATV accident in Ardmore, which is less than 90 minutes from Oklahoma City. He was driving the ATV on Valley Ranch Road when his ATV went off the road and slammed into a fencepost. He was transported by helicopter to a nearby hospital, where he quickly passed away from his injuries.
• November 2023: In November, a 14-year-old child died after an ATV crash in Beckham County, which is less than two hours from Oklahoma City. He was being driven on the ATV by a 12-year-old boy who was transported to the hospital for his injuries and later released after receiving appropriate medical treatment.
• October 2023: In October, two 15-year-old girls were involved in an ATV accident in Drumright, which is about an hour from Oklahoma City. The two girls were ejected from the ATV and killed in the accident.

What typically causes ATV and recreational vehicle crashes in Oklahoma City?

While a lot of Oklahoma City residents take the necessary precautions and ride their ATV and recreational vehicles carefully and cautiously, there are still many who ride in search of an adrenaline rush. Here are a few common causes of ATV and recreational vehicle crashes:

• Speeding
• Mistakes or errors
• Careless or reckless driving
• Faulty or defective parts
• Lack of experience
• Poor weather conditions
• Lack of maintenance and repairs to the ATV
• Failure to inspect or maintain the property or trails
• Poor trail conditions
• Operating the ATV while tired, drunk, intoxicated, or distracted

Who can be legally responsible for an ATV or recreational vehicle accident?

In order to determine who is legally responsible for your ATV or recreational vehicle accident, you must be able to determine who acted negligently and caused your accident to occur. Some of the most common at-fault parties for these types of accidents include:

• Another driver or operator of an ATV
• The driver or operator of the ATV you are riding on as a passenger
• The manufacturer
• The owner of the ATV
• An ATV rental company
• The trail or park owner

How do I prove that the at-fault party caused my ATV or recreational vehicle accident?

If you are thinking about filing a personal injury claim and seeking compensation for your ATV or recreational vehicle accident, you must be able to successfully prove that the at-fault party caused the crash by acting negligently in some way. You and your attorney can prove this by establishing these four important elements:

1. Duty of care: The at-fault party had a duty to keep you safe and harm-free while riding on the ATV or recreational vehicle.
2. Breach of duty: The at-fault party breached their duty of care by acting carelessly or recklessly.
3. Causation: There must be a direct link between your ATV accident and the at-fault party’s negligence. This means that the accident would have never occurred if the at-fault party did not act negligently.
4. Damages: You suffered damages due to the at-fault party’s negligent behavior, which caused your accident. For example, you suffered injuries, medical expenses, lost wages, chronic pain, mental trauma, emotional distress, property damage, permanent disability, scarring and disfigurement, and more.

What are the rules for ATV vehicles in Oklahoma?

Oklahoma has rules in place regarding the use of ATV vehicles. Some of these rules include:

• ATVs are allowed to be driven on unpaved roads within the boundaries of the Forest Service of the United States Department of Agriculture.
• Some ATVS may be allowed on public roads and highways as long as the ATV is making a direct crossing while it is traveling on a trail and needs to move from one area of the trail to another.
• When crossing, the ATV must completely stop, yield the right of way to all traffic, and cross at a 90-degree angle.
• The ATV operator must have a valid driver’s license to cross the street and the crossing can only occur when it is daylight outside.
• Crossing is prohibited if the speed limit is above 35 mph in the crossing area.
• Children who are under the age of 18 are required to wear a helmet that is DOT-approved while riding an ATV.

For over 20 years, the personal injury lawyers at Cunningham & Mears have been helping individuals injured in ATV and recreational vehicle crashes in Oklahoma City. We are fully aware of the difficulties and challenges those involved in ATV accidents typically face, which is why we are committed to helping you obtain the compensation you need to get through this complicated time. Please call our office or submit our contact form to schedule a free consultation at our office today. We look forward to meeting you and assisting you with your personal injury claim.