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Bismarck ATV & UTV Accident Lawyer
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Off-roading is a popular North Dakota pastime, and it’s not uncommon for folks around Bismarck to hit the trails in their ATVs and UTVs on the weekends. Whether you use these vehicles for work or fun, you can face serious injuries. Rollovers, collisions, and mechanical failures can occur out of nowhere, leaving you dealing with serious, life-changing injuries.
ATV and UTV accidents are different from car accidents, and they occur on different kinds of terrain. People often take turns driving the same all-terrain vehicle, which raises questions about who is responsible for an accident.
Is it the driver? The owner of the vehicle? The owner of the property where the accident occurred? Other questions follow an ATV accident, like what happens if passengers were injured? What role does insurance play after an accident? What if the injured parties were minors?
These questions don’t always have straightforward answers, and that complexity can make it complicated to get appropriate compensation for your injuries. At Lowe Law Group, the premier ATV and UTV injury law firm in Bismarck, we are ready to step in and handle your claim so that you can focus on recovery.
Our team of recreational vehicle accident lawyers in Bismarck knows how to investigate these accidents, document the real costs of your injuries, and push back against the tactics insurers use to minimize their payouts.
What makes ATV and UTV accidents so serious?
ATVs and UTVs may not travel as fast as other vehicles, but that doesn’t make them less dangerous. They simply don’t offer the same kind of protection as a passenger vehicle or truck. ATVs don’t have cabs, crumple zones, or even seatbelts. This means that when these vehicles roll, tip, or collide, serious injuries are common.
Common injuries from ATV and UTV crashes include:
- Traumatic Brain Injuries (TBIs)
- Spinal cord injuries
- Vertebrae fractures
- Crushed bones, especially the legs, hips, and pelvis
- Internal organ damage
- Broken bones, including ribs, arms, legs, and collarbones
- Soft tissue damage
- Skin damage from burns and road rash
- Nerve damage
- Scarring and disfigurement
- Permanent disability
It is important to understand that some injuries may not be immediately evident right after the crash. For example, a TBI can initially present as a headache or mild confusion, which you may dismiss as adrenaline and chaos from the accident. Left untreated, TBIs can cause permanent, long-term damage.
You should seek medical care for any injuries after an ATV crash, even if they seem minor. An emergency room can both stabilize your injuries and create an important paper trail of your initial injuries.
The on-staff medical director at Lowe Law Group, Dr. Andrew Georgi, examines our clients and their medical records to determine the extent of their injuries. Unlike other law firms that have to depend on outside evaluations, Lowe Law Group benefits from Dr. Georgi’s expertise, knowledge, and experience with personal injury claims.
Where ATV and UTV Accidents Happen Around Bismarck
Because of North Dakotans’ love of the outdoors, ATVs and UTVs can be found everywhere. You’ll find ATVs along the rivers and coulees west of Bismarck, on the farms in surrounding Morton and Burleigh Counties, and all throughout the region on recreational trails. ATVs and UTVs are used for both work and fun, but the fact that they are used in so many different circumstances is exactly what makes legal cases complicated.
An accident on a public trail, for example, raises different liability questions than one on someone’s private land. If you were riding on a UTV for work, employment laws play a role. If an ATV driver illegally rode on someone else’s property, that would certainly affect their claim.
At Lowe Law Group, we understand the unique rules and circumstances that affect ATV/UTV crashes. We know that these injuries often occur far from help, and delays in emergency medical care can complicate your injuries. If someone else’s negligence caused your injuries, you need someone on your side who understands both the unique injuries associated with these crashes and the legal strategy to help you recover full compensation.
Potential Responsible Parties for ATV and UTV Crashes
A key legal question after any accident is, “Who was responsible?” A follow-up question: “Did someone’s negligence cause the injuries?”
Liability isn’t always obvious, and there may be more than one responsible party. If you were more than 50% responsible for the accident, you cannot recover compensation, per North Dakota’s modified comparative fault statute. You should speak with an experienced ATV and
UTV accident attorney in Bismarck, ND to find out how the law might interpret liability in your case.
As we go over these potential at-fault parties, remember that there may be a combination of people who are responsible for the accident. It usually isn’t as simple as one person causing the 100% of the problem.
The At-Fault Driver
If another person was operating the vehicle that caused your injuries, it is important to examine their actions for evidence of negligence. Reckless driving, failure to control the vehicle, operating while impaired, or ignoring basic safety precautions can all establish fault.
This may be the case if you were a passenger or you were injured in a collision with a reckless driver. Speak to a side-by-side accident lawyer in Bismarck if you were a legal passenger in a side-by-side vehicle.
The Property Owner
When a crash happens on private land, the condition of that property matters. A property owner who maintains dangerous terrain without warning visitors or who allows people onto land with known hazards may bear responsibility under North Dakota premises liability law. This is particularly relevant when crashes occur on hunting leases or private recreational land.
The Vehicle Manufacturer
ATVs and UTVs have been the subject of significant product liability litigation over the years, and for good reason. Rollover stability problems, defective roll cages, brake failures, and steering defects have all caused serious injuries. If your crash involved a mechanical failure or design flaw, the manufacturer or distributor may be liable regardless of how the vehicle was being operated.
An Employer
Ranchers, farmers, and outdoor workers frequently use UTVs on the job. If you were injured while operating a vehicle for work, or if another worker’s negligent actions caused the crash, you may be eligible for a workers’ compensation claim.
At Lowe Law Group, we know the importance of identifying every potentially responsible party. One of the first things we do in an ATV or UTV case is figure out who was responsible for the crash. Missing just one of these parties in a lawsuit could leave significant compensation on the table, uncollected.
How Lowe Law Group Builds Your Case in an ATV/UTV Accident
The scene of an ATV or UTV accident can change fast, both intentionally and because of natural changes.
If you crash the day before a big storm, the wind and rain can wash away evidence. If a property owner expects to be held responsible, they may try to improve the terrain, add warning signs after the fact, or otherwise change the scene of the crash.
You also have to deal with witnesses whose memories fade over time and a lack of external evidence, like surveillance footage and police reports.
All of these complicating factors make it imperative to seek legal guidance as early as possible. Your off-road vehicle injury lawyer in North Dakota will act fast to collect evidence before it disappears, changes, or is forgotten.
Some of the evidence we gather includes:
- Vehicle inspection data to identify defects or equipment failures
- Maintenance and service records for the vehicle
- GPS and data recorder information, when available
- Documentation of the property’s condition (terrain, visibility, known hazards)
- Witness statements
- Manufacturer safety data
- Weather conditions at the time of the accident
- Medical records that document your injuries and long-term treatment plans
We can also bring in specialists when your case needs them. That includes engineers who can evaluate vehicle defects, safety experts who can understand the property conditions, and medical experts like Dr. Georgi who can calculate what your injuries are likely to cost over your lifetime.
North Dakota Laws That Affect Your ATV or UTV Case
Several key legal rules in North Dakota shape how your claim gets built and what compensation you can recover.
Off-Highway Vehicle Regulations: North Dakota regulates where ATVs and UTVs can be operated, what equipment they must carry, and operator requirements under the N.D. Century Code. Insurers will look for any violations to use against you.
Helmet Laws and Comparative Fault: North Dakota does not require adult riders to wear helmets. Even so, if you weren’t wearing one, insurers will argue your head injuries were worsened by that choice.
Modified Comparative Fault: If you share some responsibility for the crash, your compensation is reduced by your fault percentage. You can still recover damages as long as you’re less than 50% at fault. Insurers routinely try to inflate your share of blame, and we build cases that make that difficult.
Statute of Limitations: You have six years from the date of your accident to file a personal injury claim, longer than most states. If your crash involved a government-owned trail or road, that window shrinks to two years.
What Compensation Can You Recover?
There is no standard, predictable payout for ATV/UTV accidents. The actual value of your case is dependent upon factors like the severity of your injuries, the degree to which you caused the accident, what insurance coverage is available, and how your injuries will affect your life in the future.
Economic damages may include:
- Hospitalization
- Surgery costs
- Emergency treatment
- Costs associated with reaching you in a remote location
- Medical equipment
- Long-term rehabilitation costs
- Lost wages
- Reduced earning capacity if you are unable to return to work
You may also be able to receive non-economic damages, including:
- Physical pain and suffering
- Emotional trauma, such as PTSD and anxiety
- Loss of enjoyment of activities that mattered to you
- Permanent scarring and disfigurement
- Impact on your relationships
ATV and UTV Accident FAQs
Do I have a case, even if I wasn’t wearing a helmet?
North Dakota law does not require adult ATV or UTV passengers to wear helmets. (Riders under 18 must wear helmets.) However, an insurer will likely argue that the lack of a helmet made your injuries worse. This would affect your comparative fault percentage. We can counter this argument with strong medical evidence.
What if the accident happened on private property?
ATV crashes often happen on private property, and these may be actionable. The proper owner may be liable if dangerous, unmanaged conditions on their property contributed to your accident.
What if a defect in the vehicle caused the crash?
Product liability claims against manufacturers are a legitimate avenue for accident victims when defects contribute to the accident. We work with mechanical and engineering experts to evaluate whether defective design, manufacturing errors, or missing safety features played a role in your crash.
How long will my case take?
There is no single timeline for ATV and UTV injury claims, but claims with clear liability and limited injuries can often settle within a few months. More complex cases, like those with multiple liable parties or serious injuries, tend to take longer. Regardless, we will keep you informed throughout the process so that you are never left wondering where things stand.
What to do after an ATV accident?
After an ATV accident, get medical care right away, report the incident if appropriate, take photos of the scene and injuries, gather witness information, and keep records of treatment and expenses. Avoid giving statements before you understand your rights. A lawyer can help protect evidence and explain your options.
What not to do on an ATV?
Do not ride an ATV without proper safety gear, on paved roads unless permitted, under the influence, with unsafe passengers, or at speeds beyond your ability. Avoid risky stunts and riding on unfamiliar terrain without caution. Following safety rules can reduce the risk of serious injury.
Why are ATV accidents so common?
ATV accidents are common because these vehicles can roll over easily, are often used on uneven terrain, and may be operated at high speeds. Lack of helmets, underage riders, unsafe passengers, alcohol use, and poor training can also increase the risk of serious crashes and injuries.
What does it cost to hire Lowe Law Group?
It costs nothing upfront to hire Lowe Law Group. We work on a contingency fee basis, which means that we only collect attorney’s fees if we win your case.
Let Lowe Law Group Handle What Comes Next
An all-terrain vehicle accident can change your life in an instant. The injuries are serious, and the legal questions are complicated. While the insurance company is trying to limit what you can receive, you’re left trying to make up for missed work and cover your expensive medical bills.
You shouldn’t have to handle all of this on your own.
At Lowe Law Group, we take the burden off your shoulders. Our attorneys are ready to investigate the crash, understand your injuries, and support you at every step in the legal process. We serve clients in Bismarck, Mandan, Lincoln, and communities across North Dakota.
While this page focuses on helping riders in Bismarck, our legal team also represents people injured in serious ATV and UTV accidents in other cities, including:
• Minot
• Fargo
• Des Moines
• Cedar Rapids
If you were hurt in an ATV or UTV accident, our team is ready to fight for the compensation you deserve.
Contact Us Today
Contact us today for a free case evaluation. In your consultation, there will be no pressure or obligation to retain our services, and you won’t owe anything unless we win your case.
Focus on Recovery While We Win Your Case
Your priority now is to heal. Ours is to win your case. Here’s our 3-Step Approach:
1
Let us listen to your story. We’ll provide a free, no pressure case evaluation.
2
Our team handles everything: the legal process, gathering paperwork, reviewing your medical treatment, and more.
3
We win your case and maximize your compensation or we don’t get paid, guaranteed.
See How We’ve Changed Lives
“WOW! What a FANTASTIC experience I had with this group.
I was hit on my MOTORCYCLE by a PODS TRUCK in June, yep, you read that right, PODS TRUCK. I was fortunate to walk away, but knew I needed a lawyer for an accident of this magnitude. Now, let me start by saying I don’t trust lawyers, never have. But had to put my differences aside and trust this GROUP of LAWYERS from a different state…
I was hit on my MOTORCYCLE by a PODS TRUCK in June, yep, you read that right, PODS TRUCK. I was fortunate to walk away, but knew I needed a lawyer for an accident of this magnitude. Now, let me start by saying I don’t trust lawyers, never have. But had to put my differences aside and trust this GROUP of LAWYERS from a different state to handle my affairs. RIGHT AWAY, from the beginning, MARISSA REED, WAS A ROCKSTAR!!! Made me feel at ease and answered all of my ridiculous questions like a VETERAN. Now, this has taken almost 9 months to complete, and it was well worth the wait. Marissa Reed took my settlement to a PLACE WHERE ONLY EAGLES SOAR BABY!! I GOT WAAAAY MORE than expected all thanks to the LOWE LAW GROUP AND FIERY MARISSA REED. Thank you Marissa, for ALL YOU DID FOR ME, AND ALL MY STUPID QUESTIONS. I’m alive, have a HEFTY settlement to spend and am more than thankful for these LAWYERS!! MY ATTITUDE HAS CHANGED FOR THE BETTER ON THEM! HELL YA!!
-Christian W.
Washington
“I can't stress enough, if you ever are in need for some good lawyers. These are your guys!
I was hit by a trailer that crossed the median while I was driving on the highway which not only destroyed my car, but I have had to deal with a concussion, neck and back pain along with other PTSD issues. Life happens, some events alter your life, and it can be difficult to adjust. Lowe Law Group is the absolute best. If you want someone who’s gonna be in your c…
I was hit by a trailer that crossed the median while I was driving on the highway which not only destroyed my car, but I have had to deal with a concussion, neck and back pain along with other PTSD issues. Life happens, some events alter your life, and it can be difficult to adjust. Lowe Law Group is the absolute best. If you want someone who’s gonna be in your corner and help you out big time. I HIGHLY recommend them. They made it so much easier, and they don’t care just about money. They want you to be able to get the help you need to recover. Specifically, James Brandenburg has been so helpful and relatable. Where other companies have made me feel just like a number, he has made me feel like a friend.
-Maia. C
Idaho
Success Stories From People Just Like You
“Its so nice to be able to feel taken care of and having a team backing you.
I have been working with Lowe Law Group since May 2023. I was in a terrible head on collision and have been undergoing coming up on 2 years of medical treatment. I have had 3 case managers throughout the 2 years and have been working closely with Cassi these last few months and she has been amazing. She keeps me updated on whats going on with my…
I have been working with Lowe Law Group since May 2023. I was in a terrible head on collision and have been undergoing coming up on 2 years of medical treatment. I have had 3 case managers throughout the 2 years and have been working closely with Cassi these last few months and she has been amazing. She keeps me updated on whats going on with my case and is doing everything in her power to ensure the best outcome. She has come up with ideas my other two case managers had not that will benefit me in the long run! Its so nice to be able to feel taken care of and having a team backing you.
– Hailey B. Washington
“Cyra at Lowe Law Group was great jumping right into my case.
I was in my car waiting at a stoplight when I was rear ended hitting my head, giving me whiplash, and a concussion. It also reaggravated other injuries I was making progress on. Cyra at Lowe Law Group was great jumping right into my case. She was professional and did well in keeping me informed of the process and updating me as needed. There were some challe…
I was in my car waiting at a stoplight when I was rear ended hitting my head, giving me whiplash, and a concussion. It also reaggravated other injuries I was making progress on. Cyra at Lowe Law Group was great jumping right into my case. She was professional and did well in keeping me informed of the process and updating me as needed. There were some challenges in dealing with the culpable party but Lowe Law I believe was able to get me the best settlement possible given all the circumstances and would recommend to anyone who has been involved in an accident.
– Nick W. Colorado
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I had a wonderful experience with Lowe law group after my accident. They were great and my case manager Cyra was an absolute ANGEL to work with!! Highly recommend.
- Cory Smart
I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kind…
I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kindness, compassion, and professionalism. She truly cares about her clients, and her empathy shines through in every interaction. Heather made a potentially overwhelming process feel effortless, guiding me with such care and attention to detail that I always felt completely supported and understood. It’s rare to meet somebody who combines such warmth with incredible expertise, but Heather doesn’t flawlessly. She’s truly a gem, and I am beyond grateful for everything she has done!
- AF
Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand…
Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand something , She would explained it in terms that I could. I give Giselle and Lowe Law Group a 5 star rating. I highly recommend this Law Group if you are needing one. Thank you to everyone for your time consuming and hard work.😀
- Jennifer Lansaw
After one of the worst things that has happened to my daughter or me, Harmony was able help me work throug…
After one of the worst things that has happened to my daughter or me, Harmony was able help me work through it in every aspect I needed. From the first day we spoke she worked was so kind, honest and she worked hard for us and went above and beyond. Giving me space when I needed it encouraged me to talk when I needed to. She helped me get medical information, check out the boxes of requirements, find a counselor, and More behind-the-scenes I don’t even know about. I NEVER FELT ALONE, it stopped being my battle and it became her’s.This whole process took maybe five months and at the beginning I guessed this would be over one year. I really appreciate her and because of her work! If I ever meet someone who has an unfortunate accident, I will give them the contact information for Lowe Law Group and song their/ Harmony’s praises! THANK YOU HARMONY!
- Courtland Friend
Being in a car accident and dealing with everything from the car damage to the injuries and everything in between is very…
Being in a car accident and dealing with everything from the car damage to the injuries and everything in between is very stressful. I am so grateful for everyone at Lowe Law for helping me every step of the way. Kaitlyn kept me updated on the progress of the case and answered all the questions I had. Jason and Pete are very knowledgeable and explained each step and helped guide me throughout the process. I would highly recommend them to anyone who has been in a car accident.
- Kaitlyn Fallon
Thanks to Ethan for his gentle persuasion and persistent efforts.
…
Thanks to Ethan for his gentle persuasion and persistent efforts. I am very grateful to have the burden shifted to the real professionals. I might even be able to ski this winter as I expect to be recovered from this accident by the time Powder Mountain has enough snow.
- Randy Pratt
Thank You Olga Baranova ( I mention you first and foremost due to the fact you were my case manager, and whom I had prima…
Thank You Olga Baranova ( I mention you first and foremost due to the fact you were my case manager, and whom I had primary contact with.) And to all who worked for me, with me, & on my behalf. For the knowledge, expertise & professionalism applied .. I not only applaud you all .. I thank you all. Wishing Blessings Bountiful To All As well as Good Health, Good Fortune Kind Regards Marc Goulet & Family.
- Marc Goulet
Marissa Reed IS AWESOME!! Took 1+yrs. Difficult client & case she made it look easy. A True Professional. Need more like Marissa!!! THANK YOU SO MUCH!!!!
- Sheri
I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Maris…
I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Marissa Reed was my contact person. She could not help me but pointed me in the right direction. No charge. Thank you Marissa. I very much recommend this Law Group.
- Colleen
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