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ATV/Polaris Rollovers

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ATV & Polaris Rollover Accident Lawyer

Representing ATV Accident Victims

Every year, thousands of people are injured in all-terrain vehicle (ATV) accidents across the United States, with estimates nearing 135,000 injuries annually. Tragically, nearly 400 people die each year due to ATV crashes and rollovers. 

In 2023 alone, there were over 498 all-terrain vehicle related fatalities nationwide, with many involving rollovers and a lack of protective gear. These accidents can result in life-altering injuries and devastating losses. Given the frequency and severity of these incidents, it’s important for accident victims to understand their legal rights and options.

When You Should Call An Attorney 

If you or a loved one has been injured in an ATV or Polaris rollover accident, especially if caused by defects, dangerous terrain, or reckless driving, contact an experienced attorney promptly. The personal injury lawyers at Breit Biniazan can help collect evidence, determine liability, and protect your right to fair compensation.

What Causes ATV and Polaris Rollover Accidents?

ATV rollovers are a leading cause of severe injuries and fatalities involving ATVs like Polaris models. These accidents often happen due to a defective vehicle design, missing or inadequate safety features, and mechanical failures such as brake or steering malfunctions. 

Reckless driving behaviors like speeding, inexperience, and driving under the influence further increase the risk. Additionally, dangerous terrain conditions—such as steep slopes, uneven ground, and hidden obstacles—can cause rollovers even for careful riders. Recognizing these causes is essential to understanding liability and preventing tragic outcomes.

Product Liability Concerns 

ATV rollovers often involve defective equipment or unsafe vehicle design. Common product defects include:

  • Defective design leading to instability and increased rollover risk
  • Faulty roll bars that fail to protect passengers
  • Defective safety mesh intended to prevent ejection or injury
  • Tire blowouts caused by defective tire design, improper air pressure, or incorrect mounting
  • Fuel line leaks creating fire hazards

Lack of Adequate Safety Warnings

Many ATV rollover accidents happen because there are not enough safety warnings or important protective parts. When manufacturers don’t give clear instructions or remove safety features, riders may not know the risks or how to use the vehicle safely. This makes accidents and injuries more likely.

Steering or Brake Malfunctions

Problems with the steering or brakes of an ATV can cause serious accidents, including rollovers. When brakes fail, riders may not be able to stop the vehicle in time to avoid a crash or dangerous situation. Steering defects can make it difficult to control the ATV, causing it to swerve unexpectedly or lose balance. 

These mechanical malfunctions put riders at great risk, especially on rough or uneven terrain where precise control is necessary to stay safe. Proper maintenance and design are critical to prevent these failures and keep riders protected.

Reckless Driving and Racing 

Many ATV rollovers happen because drivers don’t have the skills or training needed to stay balanced and control the vehicle. Sometimes, owners let unqualified people ride their ATVs, which can be incredibly dangerous. Going too fast, driving under the influence of drugs or alcohol, and carrying too many passengers also increase the chance of rollovers. 

Dangerous Terrain 

ATVs are often operated in hazardous environments that increase accident risk:

  • Poorly maintained riding trails and off-road parks
  • Private properties and farms with uneven paths
  • Rural roads and utility paths not designed for ATVs
  • Construction or work sites
  • Steep slopes or hills causing loss of control
  • Rocky, muddy, and uneven ground surfaces
  • Hidden obstacles like tree roots, holes, or water patches

Even riding on paved areas such as parking lots has caused injuries. Awareness of terrain risks is crucial to accident prevention.

Injuries from ATV Rollovers Can Be Life-Changing

Recreational riders have long suffered severe injuries related to ATV rollovers, burn hazards from design flaws, and crushing accidents. Common injuries include:

  • Spinal Cord Injuries and Paralysis: Rollover accidents frequently cause catastrophic spinal cord trauma, resulting in partial or full paralysis.
  • Crush Injuries and Amputations: Statistics show most severe fractures, crush injuries, surgeries, and amputations stem from rollover incidents where passengers are thrown or pinned beneath the vehicle.
  • Brain Injuries from Lack of Protective Structures: Traumatic brain injuries (TBIs) are common when passengers lack adequate protective gear. While ATVs typically do not include built-in protective structures, aftermarket safety equipment such as floor guards, fender guards, and fender armor are available to reduce injury risk. Helmet use is critical to prevent TBIs.

Legal Options for Victims of ATV and Polaris Rollover Accidents

ATV and Polaris vehicles have been subject to widespread recalls for safety defects over many years. In 2023 alone, Polaris recalled over 27,000 recreational off-road vehicles due to a dangerous clutch defect that caused parts to fracture and eject, creating significant fire and injury hazards. This recall is part of a long history of safety issues including defective designs, fire risks, and malfunctioning components that have led to numerous injuries, fatalities, and product liability lawsuits against Polaris.

Victims of ATV and Polaris rollover accidents often have legal grounds to pursue claims against manufacturers for negligence and product defects, especially when these recalls and known hazards were ignored or inadequately addressed. Holding manufacturers accountable can help injured victims seek compensation for medical bills, lost wages, pain and suffering, and sometimes punitive damages aimed at correcting negligent corporate behavior.

Establishing Liability After an ATV Rollover

Potentially liable parties include:

  • Negligent riders operating recklessly or under influence
  • Property owners who allow unsafe riding conditions on their land
  • Manufacturers responsible for defective ATVs or safety equipment
  • Event organizers who fail to enforce proper safety measures

Proving Product Defects and Manufacturer Negligence

Many product liability lawsuits have been filed against ATV manufacturers for design defects, failure to warn, and defective safety components. Arguing that these defects caused your injuries is often complex and requires a knowledgeable ATV injury attorney.

Establishing product defects and manufacturer negligence requires showing:

  • The ATV or part had a defect in design, manufacturing, or warnings
  • The defect existed before the accident occurred
  • The defect caused or contributed to the injury or rollover
  • The manufacturer failed to address or warn about the defect despite knowledge or reasonable awareness

Successfully proving these points can enable victims to recover damages for medical costs, pain and suffering, lost income, and sometimes punitive damages aimed at holding reckless manufacturers accountable.

Pursuing Damages for Medical Care, Pain, and Lost Wages

Victims may seek compensation for:

  • Medical expenses related to emergency care, surgery, rehabilitation, and ongoing treatment
  • Lost wages and reduced future earning capacity resulting from disabilities
  • Pain, suffering, and emotional distress caused by the accident
  • Property damage to the vehicle and personal belongings
  • In some cases, punitive damages meant to punish egregious misconduct by manufacturers or other responsible parties

Get in Touch With Our ATV Injury Lawyers Today

If you or a loved one has been injured in an ATV or Polaris rollover accident, contact Breit Biniazan for experienced legal help. We offer free consultations to evaluate your case, explain your rights, and fight for the compensation you deserve.

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"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."

Denise K.

"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"

Jenine D.

"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."

Bryan H.

"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"

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"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."

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"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."

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"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use

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"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.

At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."

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"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"

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"Working with this law firm made settling my case a breeze! When i was injured in my car accident and my car was totaled, i was so worried about handling the insurance company and all of the phone calls and paperwork while i had a concussion. With a couple visits and a few emails back and forth with my paralegal and attorney, my case was settled in less than a year! If i ever needed to be represented again i will 100% be choosing Breit Cantor Grana Buckner to represent me! I appreciate everything they did for me!"

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"Kevin and his team were very professional and personable! They were very knowledgeable with my case. I feel like I have made some great new friendships. Thank you guys!"

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"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."

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I had the misfortune of having my car totaled during the start of the pandemic. As you could imagine it was a stressful and painful event. With businesses changing to meet the requirements of COVID-19 restrictions, I would like to commend this team of professionals for maintaining the quality of the service they provide. My entire claim was handled while upholding social distancing guidelines. I had regular communication with Kellie and Kevin from start to finish. I could email at anytime and got a response within hours. Phone calls were always scheduled at my convenience and upheld just as a physical appointment would.

Without this team, I don’t know if I would’ve had the same success pursuing a settlement offer that best repaid the injury and inconvenience the car accident caused. Thank you Breir/Cantor attorney group!!"

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Markgerszewski

"This law firm was highly recommended by a friend who had prior representation. I am very pleased with their professionalism and they kept me well informed of my injury case. Attorney Kevin Biniazan and his team fought well for my rights and I received an extremely good settlement. I encourage you to give them a call as you will have a pleasant experience with their representation!"

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"My experience with Breit Biniazan and his team was very positive. They were very helpful, were always available, took time to explain the process, and answer any questions I had. A special thanks to Kellie for all her support and efforts. I always felt she was on my side and looking out for my best interest. I would highly recommend Mr. Binazan and his team and would not hesitate to use their services should the need arise."

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"I give Kevin Biniazan and his team the highest rating I can. I had a case in Va Beach a few years ago, called a few attorneys but ended up going with Kevin because of the knowledge and compassion he showed. After telling Kevin my issue, he and his team did all the work. They took the time to listen to my concerns and feelings, they were informative and available at all times. Along with the success of my case, Kevin and his team gave me the opportunity and support I needed to begin healing. I couldn’t recommend enough!"

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"Following a motor vehicle accident, I needed assistance with handling insurance issues and was referred to Breit Biniazan for their expertise. I had the pleasure of working with attorney Alexis Meier and her paralegal Molisa Gardner. They managed my case with utmost professionalism, efficiency, and thoroughness.

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