The exhilaration of riding an all-terrain vehicle or off-highway vehicle is a thrilling experience for many who love the outdoors in all kinds of weather.
In New Jersey, off-highway vehicles that are not registered as street legal are not allowed to drive on public roads. Off-highway vehicles (OHV) can be driven “adjacent and parallel to” a road only to move between a loading or unloading point and the intended place of operation.
Anyone owning and operating a Moped / Snowmobile / Dirt Bike / ATV / Agricultural Vehicle in New Jersey is required to register this vehicle with the State of New Jersey under the provisions of the Motor Vehicle Act.
While fun, there is danger for personal injury.
The Consumer Product Safety Commission reports an annual average of more than 800 deaths and an estimated 100,000 emergency department-treated injuries involving these vehicles.
More than 94,700 injuries associated with off-road and all-terrain vehicles were treated at the nation’s hospital emergency rooms in 2022.
They included:
• Fractures (30%) and contusions/abrasions (18%).
• Head and neck (30%), the arm (shoulders to fingertips, 30%), the torso (20%), and the leg (20%).
• Men accounted for 68% of the patients and women 32%.
Sometimes, a rider is permanently disabled after a crash.
Sometimes, people are hurt while riding on another person’s personal ATV and sometimes, the fault lies with a company that does not take proper safety measures.
Approximately 1/3 of the people killed in ATV accidents each year are under the age of 16, according to the Consumer Products Safety Commission. Read more about what to know about accidental death and compensation at https://blog.cooperlevenson.com/what-to-know-about-accidental-death-and-compensation/
If someone in an ATV drives into you, causing personal injury, they may be liable for your injuries.
It may also result in a personal injury civil lawsuit against the ATV driver.
If an ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a lawsuit.
If a manufacturing defect contributes to the ATV accident, you may be able to hold the manufacturer liable for your injuries.
Read more about ORV-ATV guidance at https://www.nj.gov/oag/dcj/agguide/2023-0522_ORV-ATV-Guidance-FINAL.pdf issued by the New Jersey Office of the Attorney General.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570.
