Finkelstein & Partners, LLP
1279 NY-300
Newburgh, NY, 12550

(845) 420-1779


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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

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All-terrain vehicles offer an exhilarating way to explore the trails, fields, and back roads that stretch across New York State. But ATVs are also powerful, heavy, and unforgiving when something goes wrong. Rollovers, collisions, and mechanical failures can send riders to the hospital with catastrophic injuries in a matter of seconds, and children are involved in a disproportionate share of these accidents every year.

If you or a loved one was seriously injured in an ATV accident in New York, Finkelstein & Partners wants to help. Our New York ATV accident attorneys have been winning serious injury lawsuits since 1959, and we have the resources, the experience, and the commitment to fight for the full compensation your family deserves.

ATV Accidents in New York: The Scope of the Problem

All-terrain vehicles are not regulated the same way that cars and trucks are, which leads many people to treat them as recreational toys rather than the powerful, potentially dangerous machines they actually are. The results speak for themselves. Nationally, ATV accidents cause tens of thousands of severe injuries and hundreds of deaths every year, and children account for a deeply troubling share of those numbers.

In New York, ATVs are generally prohibited from operating on public highways, sidewalks, and most public lands, yet accidents happen across the state, from backyards and private properties in the Hudson Valley and Westchester County to rural trails in the Catskills, Adirondacks, and upstate regions. Whether your accident happened on someone’s private land, at an organized riding event, or on a trail system, you may have a legal claim against the party or parties responsible.

Common Causes of ATV Accidents in New York

Our New York ATV accident attorneys have handled cases involving a wide range of causes. Most ATV accidents come down to some form of negligence, including:

  • Reckless or inexperienced operation. ATVs are motorized vehicles that require real skill and judgment to operate safely. When riders, including teenagers and young adults, take the controls without proper training, the risk of losing control is significant.
  • Riding on paved surfaces. ATVs are designed for rough terrain. Operating them on pavement dramatically increases the risk of losing control, particularly at higher speeds.
  • Carrying a passenger. Most ATVs are built for a single rider. Adding a second person, especially a child riding in front of or behind the operator, affects balance and stability and can contribute directly to a rollover.
  • Alcohol or drug impairment. Just as with any motor vehicle, operating an ATV under the influence of alcohol or drugs substantially increases the risk of a serious accident.
  • Dangerous stunts. Attempting wheelies, jumps, or other maneuvers without the proper training or safety precautions can have deadly consequences.
  • Hazardous property conditions. Hidden ditches, unmarked drop-offs, low-hanging wires, stumps, and other concealed obstacles can cause a rider to lose control without warning. Property owners who allow ATV riding on their land have a legal duty to warn riders about known hazards.
  • Defective equipment. Some ATV accidents are caused not by the rider or the property, but by the vehicle itself. Design flaws that make an ATV prone to rollover, defective brakes, throttle malfunctions, and other mechanical failures can all form the basis of a product liability claim against the manufacturer or distributor.
  • Children operating adult-sized ATVs. Adult-sized ATVs are not appropriate for children. When adults allow minors to operate these vehicles unsupervised, or when a child is permitted to ride a machine too large and powerful for their size and skill level, the consequences are often catastrophic.

Who Can Be Held Liable After an ATV Crash Happens?

One of the most important aspects of any ATV accident case is identifying all of the parties who may share responsibility. Unlike a straightforward car accident on a public road, ATV accidents often involve multiple potential defendants.

  • The ATV operator. If another rider’s negligence, recklessness, or impairment caused your accident, they can be held personally liable for your injuries.
  • A property owner. Landowners who allow ATV riding on their property have a duty to keep the premises reasonably safe and to warn guests about known hidden dangers. When they fail in that duty, they may be liable for resulting severe injuries.
  • Parents or guardians. When a minor causes an ATV accident, the parents or guardians who provided access to the vehicle and allowed unsupervised operation may share liability.
  • An ATV manufacturer. If a design defect, manufacturing flaw, or failure to warn contributed to your accident, the manufacturer, distributor, or seller of the ATV may be held responsible under New York product liability law.
  • An event or ride organizer. If your accident occurred at an organized ATV event and negligent supervision or dangerous course conditions played a role, the organizer may bear liability.

A thorough investigation is essential to identify all responsible parties and to ensure your claim captures the full scope of what you are owed. Our ATV injury law firm conducts that investigation from the moment you retain us.

A Note on Insurance as It Applies to Damages Recoverable in New York ATV Cases

Many people are surprised to learn that New York’s no-fault auto insurance rules do not apply to ATVs. This means you cannot simply turn to your own auto policy for coverage after an ATV accident. Instead, compensation often comes from other sources, including the homeowner’s insurance policy of the property owner where the accident occurred, the personal liability coverage of the responsible rider, or a manufacturer’s insurer in product liability cases.

Navigating these insurance issues is one area where an experienced New York ATV accident lawyer adds significant value. Carriers will look for any reason to limit or deny coverage, and knowing which policies apply and how to pursue them effectively can make a substantial difference in your recovery.

ATV Operator Injuries Our New York ATV Accident Lawyers Handle

Because ATVs are heavy, fast-moving, and lack the structural protections of enclosed vehicles, the injuries that result from ATV accidents tend to be severe. Our personal injury attorneys represent clients who have suffered:

When a family member is killed in an ATV accident caused by another party’s negligence, surviving loved ones may have a wrongful death claim. Our firm handles these cases with the care and tenacity that grieving families deserve.

What Compensation Can You Recover for Injuries Resulting from an ATV Accident?

A successful ATV accident claim in New York may recover damages for:

  • Past and future medical expenses, including emergency treatment, surgery, hospitalization, rehabilitation, and ongoing care
  • Lost wages and diminished future earning capacity
  • Pain and suffering
  • Emotional distress and loss of enjoyment of life
  • Property damage
  • In wrongful death cases, economic support, funeral and burial costs, and loss of companionship

Because serious ATV injuries often involve long recovery timelines and lasting consequences, accurately calculating the full value of your claim is critical. Finkelstein & Partners works with medical experts, economists, and life care planners to make sure no element of your loss goes unaccounted for.

New York ATV Laws You Should Know

New York Vehicle and Traffic Law generally prohibits ATV operation on public highways, sidewalks, and most public lands unless specifically designated for ATV use. Key rules include:

  • Riders under 16 may not operate ATVs on public lands
  • Helmets are required for all ATV operators and passengers
  • ATVs may not be operated on public highways except to cross at designated intersections
  • Landowners can be held liable for injuries caused by hazardous conditions on property where they permit ATV riding

Violations of these rules can be directly relevant to establishing negligence in an ATV accident case. Our attorneys know how New York’s ATV statutes intersect with personal injury law and how to use them effectively on your behalf.

andrew finkelstein
NY ATV Accident Attorney, Andrew Finkelstein

New York ATV Accident FAQ

Can I Still File a Claim for Financial Losses if I Was Partially at Fault for the ATV Accident?

Yes. New York follows a pure comparative negligence rule, which means you can still recover compensation even if you share some responsibility for the accident. Your damages will be reduced by your percentage of fault, but you are not barred from recovery. Insurance companies routinely try to inflate your share of the blame to reduce their payout. Our attorneys push back on those tactics.

What if the Accident Happened on a Friend’s or Neighbor’s Property?

This is more common than many people realize, and it often feels awkward to pursue a claim against someone you know. In most cases, however, the claim is directed at the property owner’s homeowner’s insurance policy, not at them personally. Our firm handles these situations with professionalism and sensitivity.

How Long Do I Have to File an ATV Accident Claim in New York?

In most cases, New York’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. Different deadlines may apply if a government entity is involved, or if the injured party is a minor. Contact us as soon as possible so we can protect your rights and preserve critical evidence.

What Does It Cost to Hire an ATV Accident Attorney?

Nothing upfront. Finkelstein & Partners handles ATV accident cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you.

Contact a New York ATV Accident Attorney for a Free Consultation to Discuss Pursuing Full Compensation

A serious ATV accident can change your life overnight. Medical bills accumulate, you may be unable to work, and the people and companies responsible are already working to limit their exposure. You need an experienced ATV injury law firm in your corner from the start.

Finkelstein & Partners has been winning serious injury lawsuits in New York for over 65 years. We have offices across the state, from White Plains and Newburgh to Albany, Buffalo, and Syracuse, and we’re ready to put our resources and experience to work for your family.

Call us today for a free, no-obligation case evaluation or contact us online. There is no fee unless we win.