ATV Accidents in Illinois Can Lead to Serious Injury Claims

 Posted on September 19, 2025 in Personal Injury

With summer turning into fall, many people in Illinois take advantage of the cooler weather to enjoy outdoor activities like riding all-terrain vehicles (ATVs). ATVs can be a fun way to explore, but they also pose serious risks. 

Accidents involving ATVs often result in severe injuries because the vehicles provide little protection. If you or your child was hurt in an ATV accident, a Bloomington, IL personal injury attorney can guide you on how to pursue compensation for your losses.

Are ATVs Considered Dangerous?

ATVs are powerful machines that can reach high speeds. Unfortunately, they usually lack safety features like seatbelts and airbags. Riders are exposed to the elements and extremely vulnerable in a crash. According to the Consumer Product Safety Commission, hundreds of people across the United States die in ATV accidents each year, and thousands more suffer life-altering injuries.

These risks increase in the fall when trails are covered in wet leaves, the sky turns dark earlier, and hunting season brings more riders onto wooded paths. Limited visibility and slick ground can make ATVs harder to control, increasing the chance of a rollover or collision.

Victims of ATV accidents may experience broken bones, traumatic brain injuries, spinal cord damage, or internal organ injuries. These conditions can require surgeries, rehabilitation, and lifelong medical care. In the most tragic cases, families may have grounds for a wrongful death claim.

Does Illinois Have Laws about ATV Use?

Illinois law sets out clear restrictions for ATV use. Under the Illinois Vehicle Code, 625 ILCS 5/11-1426.1, ATVs are not permitted on public highways, with a few exceptions such as crossing the road at a right angle when it is safe to do so. Riders must also comply with local ordinances, which could further restrict where ATVs can operate.

Anyone under age 16 cannot ride an ATV unless supervised, and riders under age 18 are required to wear a helmet and eye protection. Ignoring these rules can increase the risk of injury and could complicate a legal claim after a crash.

Can I Sue for an ATV Accident in Illinois?

Not every ATV crash is the rider’s fault. Other parties can be found responsible, such as:

• Owners of property that unsafe trails pass through without warnings or proper maintenance

• Manufacturers that design or sell defective ATVs or safety equipment

• Drivers of cars or trucks who collide with ATVs on the road

• Other riders whose reckless behavior causes a crash

Illinois property owners may be held accountable under the Premises Liability Act, 740 ILCS 130, and defective product claims may also apply when an ATV or safety gear malfunctions.

It is also important to understand how comparative liability works in Illinois. Under 735 ILCS 5/2-1116, Illinois follows a modified comparative negligence rule. This means you can recover damages even if you were partly at fault for the accident, as long as you were not more than 50 percent responsible. Your compensation will be reduced by your percentage of fault. 

If you were speeding on a trail and found to be 40 percent at fault, but the property owner was 60 percent at fault for failing to repair dangerous terrain, your total possible damages would be reduced by 40 percent. Speaking with a personal injury lawyer as soon as possible will help protect your rights and ensure that important evidence is preserved.

Contact a Bloomington, IL ATV Accident Lawyer

If you were hurt while riding an ATV, you may be entitled to compensation for medical expenses, lost income, and pain and suffering. Contact a Springfield, IL personal injury attorney at Kanoski Bresney by calling 888-826-8682 to schedule a free consultation. We are here to review your case and fight for the compensation you deserve.