Legal Options After a Child’s ATV Accident in Colorado

ATVs (All Terrain Vehicles), including four-wheelers/quads, dirt bikes, and side-by-sides are thrilling but inherently dangerous machines. There is nothing quite like seeing the excitement a child exhibits at the thought of driving an ATV. Unfortunately, ATVs can be one of the most dangerous activities in which a child can participate.  

Each year, tens of thousands of individuals suffer serious injuries while riding ATVs. Moreover, the United States Consumer Product Safety Commission (“CPSC”) estimates that each year there are over 60 deaths involving children riding ATVs. If you or your child has been seriously injured, paralyzed, or killed while riding an ATV in Colorado, it is important for you to consider your legal options. In what follows, the Colorado personal injury attorneys at Bowman Law discuss legal options after a child’s ATV accident in Colorado. 

Dangers of ATVs

ATVs are powerful machines that require focus and control to operate safely. The American Academy of Pediatrics (“AAP”) recommendations for the use of ATVs and off-road vehicles by youth were published in 2000. Since then, the body of ATV injury prevention research has greatly expanded. As an aside, another type of off-road vehicle growing in popularity is generically called a side-by-side. The current peer-reviewed literature on side-by-sides is very limited, but other sources, including the CPSC, suggest they are an emerging public health concern for all ages. 

Although the likelihood and frequency of riding an ATV is higher for youth who live in rural areas, ATV use and resulting crashes are not only a rural phenomenon. In the United States, the primary use of ATVs is recreational and more than 90% of pediatric accidents have happened while riding for fun. 

Regardless of the basis for riding an ATV, decades of epidemiologic evidence support the conclusion that ATVs present a significant danger to the lives and health of children. The following independent risk factors for pediatric ATV accidents have been identified:

1. Age and Sex: Younger age and being male are independent risk factors for ATV accidents. Males consistently represent 70% or more of all ATV crash victims. The increased risk among younger riders, particularly young males, is likely attributable in part to their higher propensity to take risks.
2. ATV Size: More than 90% of deaths and injuries among ATV riders younger than 16 years of age have occurred when they were on adult-sized ATVs. Child development research suggests young adults do not have the physical, mental, and cognitive maturity to operate ATVs safely. 
3. Roadway Riding: Riding on public roadways, both paved and unpaved, is among the most dangerous of riding behaviors. The dangers associated with riding on public roadways stem from the fundamental off-road vehicle design of the ATVs and because the inherent instability of ATVs may be exacerbated by roadway speeds. More than half of all pediatric ATV-related fatalities have occurred on the road. 
4. Passengers: Nearly all ATVs were designed for a single rider. Riding with or as a passenger increases the risks of an accident because passengers shift the center of gravity and interfere with the physical (e.g. shifting of weight) and cognitive (e.g. awareness of the terrain) aspects of safe vehicle operation. 
5. Lack of Helmet: Studies have found helmet use among pediatric accident victims is relatively low (25% or less). Helmets can reduce the likelihood of an ATV-related fatality by 40% and non-fatal brain injuries by more than 60%. 

In addition to the foregoing, there are several other contributors to pediatric ATV crash risk that require further research. These include inadequate adult supervision, inadequate training, speed, alcohol use, and nighttime riding.  

In a 7-year study Iowa, researchers found rollovers were the most common cause of ATV-related injury (42%), followed by striking an object (20%), ejection/fall (13%), and colliding with another ATV (7%). According to the study, “the increasing size and speed of today’s ATVs are also likely contributing to more serious injuries.”

It is important to highlight that the above-mentioned accidents can happen for any number of reasons, not all which center on the driver.

Liability

The aftermath of an ATV accident can be overwhelming. If you or your child was injured in an ATV accident, you may have mounting medical bills and likely have questions regarding compensation. Similar to a car accident in Colorado, victims of ATV accidents may be able to pursue a legal claim. However, the most important consideration is determining who may be responsible for the rider’s accident. 

When it comes to liability, every case is unique. Suppose the ATV was defective or a part failed, or the design of the ATV put riders at risk. In that case, it may be possible to pursue an injury claim against the manufacturer, parts manufacturer, or ATV sales or rental company. That party may be liable if another driver engaged in negligent behavior, leading to injury or death. The first step is to investigate the facts. 

When a child is injured on an ATV owned by someone else, pursuing legal action may hinge on proving Negligent Entrustment. This legal claim involves demonstrating the owner of the ATV failed in their duty to ensure that your child was competent enough to operate the vehicle safely. To succeed in a negligent entrustment claim, you must prove four key elements:

1. Duty: The entrustor had a responsibility to exercise reasonable care in entrusting your child with the ATV;
2. Breach: The entrustor breached this duty by allowing your child to operate the ATV when he knew or should have known the child was not competent;
3. Damages: Your child suffered harm or injury;
4. Causation: The injury was directly caused by the entrustment of the ATV to your child.

Several considerations can influence the viability of a negligent entrustment claim:

• Ownership: If the ATV belonged to the injured child’s parents, a negligent entrustment claim is not viable because it would involve suing one’s own parents which is generally not possible per the Doctrine of Parental Immunity.
• Child’s Role: Was your child operating the ATV or merely a passenger? If they were a passenger, recovery may still be possible, but it would not be under negligent entrustment.
• Age: Younger children, particularly those under 10, are less likely to be seen as competent operators of ATVs, strengthening your case for negligent entrustment. However, if the injured child is older than 12 then proving negligent entrustment will be much more difficult.
• Experience: If your child had little to no experience operating ATVs, this could support your argument that they were not competent to operate the ATV.
• Location: This is an important aspect, because if the ATV accident did not occur on the property of the entrustor then you likely will not be able to obtain recovery from a homeowners and/or renters policy of the entrustor.
• Parental Permission: If you authorized the entrustor to let your child use the ATV, this may complicate your claim, as it suggests you deemed your child competent.
• Supervision: If the entrustor was supervising your child during the ride, it could impact the claim’s strength, although it doesn’t necessarily defeat it.
• Entrustor: The individual giving permission to your child to ride the ATV would need to be an adult for recovery to be realistic.

Insurance 

Even if you have a solid case for negligent entrustment, recovering damages will depend on the at-fault party’s insurance and assets. If the entrustor has homeowners or renters’ insurance, there is a possibility it may cover medical bills and pain and suffering—provided the accident occurred on their property.

Homeowners or renters’ insurance could potentially cover damages, but specific conditions must be met, notably that the accident took place on the entrustor’s property. If the accident occurred elsewhere, recovery might be challenging.

Legal Time Limits

Every state has different laws governing how lawsuits are handled. This includes state laws governing the legal time limits in which an injured party can pursue legal action. These legal time limits are generally called a state’s Statute of Limitations. If a complaint is filed outside of a state’s Statute of Limitations, the case would likely be dismissed, thereby preventing you from seeking compensation. 

In Colorado, the Statute of Limitations for personal injury claims that may arise out of ATV accidents is two years. This means you have two years from the date of the accident to file a complaint in Court. If you have questions about the Statute of Limitations, it would be a good idea to speak with an experience personal injury attorney. Importantly, however, do not let time pass by when considering whether to file a claim. 

Contact Our Colorado Personal Injury Attorneys

If you or your child has been injured in an ATV accident while on someone else’s property in Colorado, it is crucial to understand your legal options. Pursuing a negligent entrustment claim can be complex, involving various factors that must be carefully evaluated. Consulting with our Colorado personal injury attorneys can provide clarity on the best course of action and help you navigate the path to recovery for your child’s injuries.

The Colorado personal injury attorneys at Bowman Law are here to answer your questions and discuss your case. Contact us, call, or email us for a free consultation. Our law firm is located in Denver and serves individuals throughout the Front Range, including Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora.