ATV riders on forest trail by riverNearly 700 people have died in ATV accidents in Kentucky since 1982. In fact, Kentucky is the fifth deadliest state for ATV riders in the nation. During that same period, many more ATV enthusiasts suffered severe injuries, including life-changing brain injuries, in crashes.

How ATVs Are Used in Kentucky

ATVs, or all-terrain vehicles, are often used recreationally in Kentucky but are also used for work on farms and for snow removal. Generally, Kentucky law prohibits ATVs from being used on public highways. However, ATVs may legally:

  • Cross two-lane public highways as long as they do not travel on the road for more than two-tenths of a mile
  • Be on a public highway if engaged in agricultural activities
  • Be on a public highway if engaged in construction or road maintenance
  • Be on a public highway if engaged in snow removal

Kentucky law requires ATV operators to be licensed and mandates that all ATV riders wear protective headgear.

How Brain Injuries Happen in ATV Accidents

Even though ATV operators are required to wear protective headgear, brain injuries still happen. According to the U.S. Consumer Product Safety Commission, 27% of ATV-related injuries are to the head or neck, making head and neck injuries the second most common type of ATV accident injury after hand and arm injuries.

Brain injuries occur when an ATV crashes or a person is thrown from the vehicle. Depending on the accident circumstances, the following people may be legally liable when an ATV accident causes a brain injury:

  • The ATV operator. A negligent or reckless ATV operator can cause a catastrophic ATV accident.
  • The ATV owner. ATV owners who let underage or inexperienced drivers use their all-terrain vehicles, fail to maintain their vehicles, or who are otherwise negligent can cause disastrous ATV accidents.
  • The ATV maker. If an ATV manufacturer creates or sells a dangerous vehicle that is involved in a crash, he could be liable for the accident-related injuries.

Your whole life can change because of their negligence.

Living With a Brain Injury

Every brain injury is unique. How your brain injury impacts your life depends on the type of injury you have suffered. An ATV accident can cause:

These brain injuries can impact your mood, behavior, emotions, speech, gross motor movement, fine motor movement, cognitive abilities, memory, and more.

Damages That May Be Awarded in an ATV Accident Lawsuit

Your financial recovery depends on your specific injuries, the medical treatment you need, and how your brain injury impacts your life. You could recover damages for past and future:

  • Healthcare costs. All of your medical expenses, including but not limited to hospitalizations, surgeries, doctors’ visits, medications, physical therapy, occupational therapy, speech and language therapy, psychotherapy, and more, should be included.
  • Lost income. Any income you can’t earn because of your ATV accident injuries should be part of your recovery, including wages, benefits, or income from self-employment.
  • Physical pain and emotional suffering. You may experience intense pain and suffering after a brain injury. These damages can be difficult to value, but your brain injury lawyer can provide the right evidence to convince the court how much you should receive in damages.
  • Out-of-pocket expenses. Any other costs caused by your ATV accident should be part of your recovery.

How you present your case to the court will also significantly impact your financial recovery.

How a Lawyer Can Help You After an ATV Accident Brain Injury

While you can file an accident claim on your own, there are many advantages to hiring experienced brain injury attorneys to help you get the recovery you deserve. Gray and White Law does not accept every case that comes our way. Instead, we choose to focus on a smaller number of cases so we can provide each of our clients with the attention they deserve.

Our lawyers and staff nurse will get to know you. We will research and gather evidence about the cause of your crash and how your brain injury impacts your life. Then, we will fight hard to get you the recovery you deserve.

You won’t owe us any legal fees unless and until we get you financial compensation. Call us or start a live chat with us any time—24/7/365—to learn more and to schedule your free, no-obligation consultation with our Kentucky brain injury lawyers.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky

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