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Houston ATV Injury Lawyer

Helping ATV Crash Victims Across Texas

Joel A. Gordon & Associates – Advocates for ATV Accident Victims in Houston and Across Texas
All-terrain vehicles (ATVs) offer thrilling off-road adventures, but they also pose serious dangers. If you or a loved one has been injured in an ATV accident, our firm is here to help. We are a Texas off-road vehicle accident law firm with extensive experience handling ATV crash cases.

As dedicated Houston ATV injury lawyers, we understand the devastating impact these accidents can have on riders and families. We combine compassionate support with aggressive legal representation to pursue the compensation you deserve.

ATV accidents often result in severe injuries and even fatalities. Nationwide, ATVs cause over 100,000 emergency room visits each year. Texas in particular sees a high rate of ATV injuries and deaths. In fact, Texas consistently ranks among the top states for ATV-related fatalities.

In 2022 alone, more than 70 Texans lost their lives in ATV crashes, and in 2023 over 1,500 people in Texas were treated in ERs due to ATV accidents – a significant number of them children and teens.

These sobering statistics underscore how dangerous ATVs can be, especially when proper precautions aren’t taken. Our Houston ATV injury lawyers are committed to helping victims of four-wheeler rollovers, underage rider crashes, and other ATV accidents rebuild their lives through skilled legal advocacy.

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Common Causes of ATV Accidents

ATV crashes can happen for many reasons. Often, they result from a combination of risky behavior and unsafe conditions. Understanding the common causes of ATV accidents can help determine who is liable and how the crash could have been prevented. Some frequent causes include:

Rollover Accidents

ATVs have a high center of gravity and are susceptible to tipping or flipping, especially on uneven ground or steep hills. Sudden turns, high speeds, or climbing a steep incline can easily cause a four-wheeler rollover. In fact, driving on hilly terrain is particularly dangerous as ATVs have a known propensity to roll over on inclines. Rollover crashes often eject riders or pin them underneath the vehicle.

Rider Negligence or Inexperience

Many ATV accidents stem from operator error. Inexperienced riders may lack training in how to handle these powerful machines, leading to mistakes. Reckless or negligent behavior such as speeding, performing stunts, or riding under the influence of alcohol or drugs frequently leads to crashes. It’s also dangerous (and often illegal) to carry extra passengers on a single-seat ATV or to ride at night without proper lighting. Such poor judgment can cause loss of control and collisions.

Unsafe Terrain or Conditions

ATVs are designed for off-road use, but not all terrain is safe. Hazards like hidden tree stumps, rocks, ditches, or barbed wire can cause a wreck. Mud, sand, or ice can make trails treacherously slick. Collisions with stationary objects (trees, fences) are common when trails are poorly maintained or visibility is limited. Additionally, riding on paved roads is both illegal in most cases and extremely dangerous ATVs handle poorly on pavement and risk collisions with cars. Such unsafe environments contribute to many ATV accidents.

Underage or Unlicensed Riders

Underage ATV crashes are an unfortunately common cause of injuries. Texas law prohibits children under 14 from operating an ATV without direct adult supervision, yet many young kids still ride powerful adult-sized ATVs. Children often lack the strength and judgment to safely control an ATV, especially one too large for them. When minors operate ATVs (or when adults allow kids to ride unsupervised), the risk of a serious accident is very high. Lack of proper training and licensure also contributes to crashes an untrained rider may not know how to handle the vehicle’s response to rough terrain or how to react in an emergency.

Defective Parts or Vehicle Malfunctions

Some ATV accidents are caused not by rider error, but by the machine itself. Mechanical failures and design defects can lead to sudden loss of control. For example, manufacturing defects in brakes, throttles, steering systems, or fuel tanks have been known to cause accidents. If an ATV has faulty brakes or a throttle that sticks open, even a careful rider can crash. Tires can also blow out or detach if poorly designed or maintained. When an ATV is defectively designed or built, it may fishtail or roll over even under normal operation, creating a grave danger. In such cases, a defective ATV lawsuit may hold the manufacturer or distributor accountable for the injuries caused.

Client Testimonial: ★ ★ ★ ★ ★

I was very pleased with the outcome of my case. Joel Gordon was never hard to reach and always had an answer to any question. He did a good job at keeping you updated with anything that went on. He goes out of his way to make sure his client is satisfied. I would definitely recommend him to anyone who has been in an accident.

– Kimberly Colindres

Serious Injuries Caused by ATV Crashes

Because ATVs lack the protective shell of a car, riders are extremely vulnerable in a crash. An ATV accident can result in catastrophic injuries that require extensive medical care and have life-changing consequences. Some of the serious injuries our Houston ATV injury lawyers often see include:

Head and Brain Injuries

Trauma to the head is one of the most prevalent ATV injuries. In fact, head and neck injuries account for over 25% of ATV-related harms according to CPSC data. Riders thrown from an ATV or struck by debris can suffer concussions, skull fractures, or traumatic brain injuries. Even with a helmet, a hard impact can cause brain swelling or bleeding. Head injuries may result in permanent cognitive impairment, memory loss, or personality changes. Victims with severe TBIs often require long-term rehabilitation and may never fully recover. (This is why helmet use is critical – wearing a helmet reduces the risk of head injury by about 50% and the risk of death by 42%, per the National Safety Council)

Spinal Cord Injuries

The force of an ATV crash or the weight of an overturned vehicle can damage the spine. Spinal cord injuries range from fractured vertebrae to severed nerves, and they occur in a significant portion of ATV accidents. A traumatic spinal injury may lead to partial or complete paralysis (paraplegia or quadriplegia), leaving the victim permanently disabled. Even less severe back injuries can cause chronic pain and limited mobility. Spinal cord trauma often requires emergency surgery, lengthy hospitalizations, and extensive physical therapy. Unfortunately, these injuries can irreversibly alter the victim’s quality of life.

Internal Organ Damage

Blunt-force trauma in an ATV wreck can badly injure internal organs. An impact with the handlebars or a hard fall can rupture organs such as the spleen, liver, or kidneys. Being crushed under an ATV is especially dangerous internal bleeding and organ lacerations are common when a vehicle rolls over onto a rider. Internal injuries are not always immediately obvious, but symptoms like abdominal pain, nausea, or dizziness after an ATV crash can signal internal bleeding. These injuries often require emergency surgery to repair organ damage and stop life-threatening bleeding. Even with treatment, internal organ injuries can lead to permanent health complications.

Limb Injuries (Fractures & Amputations)

ATV accidents frequently cause broken bones and sometimes even amputations. Arms, legs, wrists, and collarbones are among the most commonly fractured bones when a rider is thrown off or pinned under an ATV. High-impact crashes can shatter bones and dislocate joints, requiring surgery to repair. In severe cases, a crushed limb may need to be surgically amputated. These orthopedic injuries are painful and can take months to heal. Compound fractures (bones breaking through skin) pose infection risks and might result in permanent disability or loss of function. Some riders also suffer hand or foot amputations if those extremities get caught in moving parts or under the ATV during a rollover. Recovering from multiple fractures or an amputation often involves long-term rehabilitation, prosthetics, and adaptive equipment.

Serious injuries from ATV crashes can lead to massive medical bills, lost income, and lasting disability or disfigurement. Our legal team understands the gravity of these injuries. We work tirelessly to get clients compensation for past and future medical treatment, rehabilitation, lost earning capacity, pain and suffering, and other damages to help them cope with the aftermath of an ATV accident.

Give our team a call today at 877-213-5004

Who May Be Liable for an ATV Crash?

Determining who is legally responsible for an ATV accident can be complicated. Unlike a simple two-car collision, ATV crashes often involve multiple factors and potentially several liable parties. Our Houston ATV injury lawyer will carefully investigate to identify every party whose negligence contributed to the accident. Depending on the circumstances, liability may rest with one or more of the following:

The ATV Operator (Driver Negligence)

Often, the person driving the ATV is at fault, especially if they were driving recklessly. If another rider’s negligence – such as speeding, stunt driving, or riding while intoxicated – caused the crash, that rider can be held liable for the injuries. For example, if you were a passenger on an ATV driven by someone else and they lost control due to carelessness, you may have a claim against the driver. Similarly, if two ATVs collide because one rider wasn’t following safety rules, that rider could be responsible. In Texas, ATV drivers must obey specific laws (such as age restrictions and no road use); violating those rules can be evidence of negligence. Our Houston ATV injury lawyers will examine whether the ATV operator acted with reasonable care or not.

The ATV’s Owner or Adult Supervisor

Sometimes the liable party is the person who allowed an unsafe situation to occur. For instance, if a parent or owner let a minor child operate an ATV unsupervised (violating Texas law) or let someone clearly intoxicated or untrained ride their ATV, that owner may be negligent. Texas law requires an adult to supervise riders under 14, failure to do so could make the adult accountable for an ensuing crash. Additionally, if you were injured while borrowing someone’s ATV, the owner might be partly liable if the vehicle was known to be faulty or if they didn’t warn of dangers on their property. These cases can involve negligent entrustment claims against the owner for allowing an unfit driver to use the ATV.

Property Owner or Landowner

If an ATV accident was caused by hazards on someone’s property, the property owner could be held responsible under premises liability. For example, if an off-road park or ranch trail had dangerous conditions (unmarked obstacles, unsafe trails, or inadequate warnings) that contributed to the wreck, the landowner may be liable for failing to maintain a safe environment. Property owners who invite people to ride on their land (or who rent out ATVs on their property) have a duty to address known dangers. Even on private land, owners should not allow obviously unsafe activities (like overloading ATVs or underage riding) without consequence. Our Houston ATV injury lawyers will investigate whether a property hazard or the landowner’s negligence played a role in your ATV accident.

ATV Manufacturer or Parts Manufacturer

If a mechanical defect caused the accident for instance, if the brakes failed, a tire blew out, or the ATV had a design flaw making it unstable, the manufacturer or distributor of the ATV can be liable under product liability law. Companies that design and sell ATVs must ensure their products are reasonably safe. Defective ATV parts (such as malfunctioning throttles or engines) have led to recalls and lawsuits in the past. Our firm can launch a defective ATV lawsuit to hold the manufacturer accountable if we find evidence that poor design, manufacturing errors, or inadequate warnings contributed to your crash. Product liability claims can secure compensation from big corporations when their unsafe vehicles injure riders.

Rental or Tour Companies

Many people enjoy ATVs on vacation or at recreational facilities. If you were hurt on a rented ATV or during a guided ATV tour, the company that provided the vehicle and experience may be liable. Rental companies have a duty to maintain their ATVs in safe working order and to provide proper instructions and safety gear to renters. If they rent out an ATV with mechanical issues, or fail to brief riders on operating it safely, the company can be considered negligent. Additionally, some rental outfits ignore age restrictions or allow too many riders per vehicle to maximize profits – practices that can lead to accidents. Our attorneys will examine the rental agreement and the company’s actions. Even if you signed a liability waiver, these waivers do not shield companies from gross negligence or faulty equipment. We have experience holding tour and rental companies responsible when their negligence causes customer injuries.

In some ATV accidents, multiple parties share fault. For example, a negligent rider might collide with you due to reckless driving, but a faulty brake or unsafe trail conditions worsened the crash. We will pursue all avenues of liability to maximize your recovery. Identifying the proper defendants whether an individual, a property owner, a business, or a manufacturer is crucial to getting full compensation for your injuries.

Reasons to choose us

How Our Houston ATV Injury Lawyers Can Help

Pursuing an ATV accident injury claim can be daunting, especially when you’re trying to recover from serious injuries. You don’t have to go through it alone. Our Houston ATV injury lawyers are here to handle the heavy lifting of the legal process so you can focus on your health. Joel A. Gordon & Associates has been helping accident victims in Houston and across Texas for decades. We know what it takes to build a strong case and hold the at-fault parties accountable. Here’s how our team can assist you after an ATV crash.

Our ultimate aim is to relieve your burden and secure the best possible outcome for your case. We operate on a contingency fee basis, which means you pay nothing upfront and no attorney’s fee at all unless we win compensation for you. This aligns our interests with yours, we are motivated to fight for every dollar you need to rebuild your life after an ATV accident. With our experienced Houston ATV injury lawyers handling your claim, you can focus on your recovery with confidence that your legal matters are in good hands.

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Motorcycle Accident

1. Thorough Investigation of the Accident

We will immediately investigate the circumstances of your ATV accident. Our team will gather all crucial evidence accident reports, photos, witness statements, and any available video footage. We often collaborate with accident reconstruction experts who can analyze how the ATV wreck occurred (for example, examining tire tracks, vehicle damage, or mechanical components). If a defective part may be to blame, we’ll preserve the ATV for expert inspection. This detailed investigation is aimed at uncovering the truth of what happened and who was responsible.

2. Identifying All Liable Parties

One of the most important roles of an ATV accident attorney is determining who may be held liable for your injuries. We will scrutinize every angle: Was another rider or driver negligent? Did a property hazard contribute to the crash? Could the ATV or a part have failed? If the accident involved an underage rider or a rental ATV, we examine whether laws or safety protocols were violated by supervising adults or companies. Our Houston ATV injury lawyers leave no stone unturned because identifying all responsible parties (and their insurance coverage) is key to securing full compensation. We will also navigate Texas laws specific to ATV use (such as helmet and supervision requirements) to see how they impact liability in your case.

3. Handling Insurance Companies

Dealing with insurance adjusters can be frustrating and tricky. Our firm will take over all communication with insurance companies on your behalf. We are familiar with the tactics insurers use to minimize or deny claims. Your attorney will ensure that insurers deal with you fairly and will negotiate aggressively for a just settlement.

Whether it’s an ATV owner’s homeowner insurance, a motor vehicle liability policy, a commercial policy for a rental company, or even a product liability insurer for the manufacturer, we’ve dealt with them all. We will present the evidence of fault and the extent of your losses in a compelling way to push the insurance company toward a fair payout. Having a Houston ATV injury lawyer to handle these discussions prevents you from being tricked into a low settlement or saying something that harms your claim.

4. Evaluating Your Damages

ATV accidents can cause life-altering injuries, and victims are entitled to compensation for a wide range of damages. Our lawyers will work closely with you, your doctors, and other experts to fully document all of your losses. This includes medical expenses (hospital bills, surgeries, medication, rehabilitation, future treatment needs), lost income and future earning capacity (if you cannot return to work or have to take a lower-paying job due to disabilities), and pain and suffering (physical pain, emotional distress, trauma, loss of enjoyment of life).

We also pursue compensation for any permanent scarring, disfigurement, or disability. If the ATV crash tragically resulted in a loved one’s death, we can file a wrongful death claim on behalf of the family for funeral expenses, loss of financial support, and loss of companionship. Our goal is to quantify all the ways this accident has affected your life and demand maximum compensation.

5. Negotiating Settlements and Litigation

After building a strong case, we will attempt to negotiate a settlement with the liable parties’ insurance companies. Many ATV accident claims can be resolved through a settlement if the insurance company offers a fair amount that covers your damages. We are skilled negotiators who won’t accept a lowball offer. However, if the insurers won’t agree to the compensation you deserve, we are fully prepared to take your case to court.

Joel A. Gordon & Associates has a proven track record of successful personal injury litigation. We will file a lawsuit and aggressively represent you in front of a judge and jury if that’s what it takes. From pre-trial motions through a trial verdict, our Houston ATV injury lawyer will fight for your rights. We handle all the legal complexities, paperwork, and court appearances on your behalf. Throughout the process, we keep you informed and involved in key decisions, but we shoulder the legal burdens so you can concentrate on healing.

6. Compassionate Support and Guidance

Beyond the legal work, our firm prides itself on providing compassionate client service. We know that recovering from an ATV accident is stressful – you may be in pain, unable to work, and worried about the future. Our attorneys and staff truly care about our clients. We will answer your questions, explain the legal process in clear terms, and be available when you need updates or advice. We can also connect you with medical specialists or support resources if you need help getting proper care. At Joel A. Gordon & Associates, you’re not just another case number, you’re a person who has been through a trauma, and we treat you with the respect, empathy, and personal attention you deserve.

ATV Accident FAQs

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Is there a helmet law for ATV riders in Texas?

Yes. Texas law requires all ATV operators and passengers under 18 to wear a helmet and eye protection while riding. This helmet law applies on both public and private property in Texas. Adults (age 18 and over) are not legally required to wear a helmet on an ATV, but it is strongly recommended for safety. Helmets save lives, wearing one can cut the risk of a serious head injury in half. Even a slow-speed ATV rollover can cause severe head trauma if you’re unhelmeted. Also, keep in mind that if you are injured while not wearing a helmet, it could affect your injury claim. An insurance company might argue that not wearing a helmet contributed to the severity of your injuries.

While you can still file a claim (especially since adults aren’t breaking the law by riding without a helmet), your compensation might be reduced under Texas’s comparative negligence rules if lack of a helmet worsened your injuries. Bottom line: always wear a DOT-approved helmet and proper protective gear when riding an ATV, it’s the law for minors, and it’s smart for everyone.

Can an injured child or underage ATV rider file a claim for compensation?

Yes. Minors have the right to pursue compensation if they are hurt in an ATV accident caused by someone else’s negligence, but special procedures apply. Since children (under 18) cannot directly file lawsuits in Texas, a parent or legal guardian typically acts as a “next friend” to file a claim on the child’s behalf. The personal injury case for a child proceeds similarly to an adult’s case, except that the parent/guardian makes legal decisions for the minor and represents the child’s interests. Any settlement for a minor usually must receive court approval to ensure it is fair and used for the child’s benefit. Importantly, Texas law extends the statute of limitations for minors.

Normally, an injury lawsuit must be filed within two years of the accident, but if the victim is under 18, that two-year clock is “tolled” (paused) until the child turns 18. In other words, the child generally has until their 20th birthday to file a claim for an accident that happened when they were a minor. However, it’s not wise to wait until the child is an adult to take action. Evidence can disappear and injuries need immediate treatment. It’s usually best for the parents to consult an attorney and pursue the claim as soon as possible, so that compensation can be obtained to cover medical bills and the child’s recovery needs. Our firm has experience handling claims for injured children, we work to secure funds that can help with the child’s medical care, rehabilitation, and future needs arising from the accident.

How long do I have to file an ATV accident lawsuit in Texas?

In Texas, the statute of limitations for personal injury claims including ATV accident injuries is generally two years from the date of the accident. This means you typically have up to two years after your ATV crash to file a lawsuit against the responsible party. If you fail to file within that time window, you will likely lose your right to pursue compensation in court. There are a few exceptions to the two-year rule.

As mentioned above, if the injured victim was a minor (under 18) at the time of the accident, the statute of limitations is tolled until the child turns 18, giving them until their 20th birthday to file a claim. Another rare exception might be if a government entity is a defendant (then special notice deadlines apply), but in most ATV cases that’s not relevant. It’s also worth noting that for a wrongful death claim (if someone tragically died from the ATV accident), the two-year period usually starts from the date of death, which could be later than the accident date if the person initially survived the crash.

Even though two years may sound like plenty of time, it’s crucial not to delay taking legal action. Important evidence can be lost or destroyed over time for example, crash scenes change, memories fade, and ATVs can get repaired or sold.

Additionally, the sooner you start your claim, the sooner you could obtain financial relief for medical bills and other expenses. For these reasons, we encourage you to speak with a Houston ATV accident lawyer well before the statute of limitations is near. Our firm can promptly investigate and ensure all filings are done within the legal deadlines. Don’t wait until time runs out if you’ve been hurt in an ATV accident, it’s wise to consult an attorney as soon as possible to protect your rights.

Speak With a Houston ATV Accident Lawyer Today

Joel A. Gordon & Associates will help you understand your rights and what alternatives you have in proceeding with a case

An ATV accident can turn your life upside down in an instant. You may be facing severe injuries, mounting medical bills, time off work, and a long road to recovery. During such a challenging time, you shouldn’t have to fight with insurance companies or navigate complex legal issues alone. Joel A. Gordon & Associates is here to help. Our firm has a strong track record of success in personal injury cases, and we understand the unique aspects of ATV accident claims in Texas. We are ready to put our experience to work for you and your family.

If you or a loved one has been injured in an ATV accident in Houston or anywhere in Texas, contact us today for a free consultation. We’ll listen to your story, answer your questions, and explain your legal options with no obligation. You can reach our Houston office at (281) 943-5555 or toll-free at 877-213-5004. We are also happy to schedule a meeting at your convenience, whether in person or by phone/Zoom, and we even offer home or hospital visits for clients who cannot travel. There is no upfront cost to hire us, we only get paid if we win your case.

Don’t delay in seeking legal help. Texas’s statute of limitations can restrict your time to act, and important evidence needs to be preserved quickly. The sooner you have a knowledgeable Houston ATV injury lawyer on your side, the better your chances of securing maximum compensation. Let Joel A. Gordon & Associates handle the legal burdens while you focus on healing. We are proud to help ATV accident victims get justice and move forward after a traumatic event.

Call us now at (281) 943-5555 or fill out our online contact form to speak with a Houston ATV accident lawyer today. We’re ready to fight for you and help you reclaim your life after an ATV accident. Your recovery is our priority, and we are committed to pursuing the financial security and peace of mind you and your family deserve.