The thrill of exploring the outdoors on an off-road vehicle can end in an instant when an accident happens. And when that crash results in a traumatic brain injury, the effects can last a lifetime. If you or a loved one suffered a traumatic brain injury in an ATV accident caused by someone else's negligence, you have the right to seek compensation.
At the Law Office of Matthew A. Lathrop, our compassionate team understands the devastating impact of brain injuries. Omaha traumatic brain injury lawyer Matt Lathrop has extensive experience helping ATV accident victims pursue the justice and financial recovery they deserve. Here’s what you need to know.
Risks of Brain Injuries from ATV Accidents
All-terrain vehicles and similar off-road vehicles, such as snowmobiles and jet skis, offer minimal protection in the event of a crash. This leaves riders vulnerable to catastrophic injuries, especially to the head and brain. Even helmets cannot always prevent injury when a rider strikes the ground, a tree, or another vehicle.
Common scenarios that lead to ATV brain injuries include:
- Unexpected rollovers. Uneven terrain, loose gravel, or a hidden rut can flip an ATV in seconds, throwing riders onto hard ground.
- High-speed collisions. Jet skis and snowmobiles frequently collide with fixed objects or other riders when visibility changes or mechanical issues arise.
- Impact from being ejected. A fall at high speed can cause the head to whip forward, creating a force strong enough to injure the brain even without a direct strike.
Certain contributing factors significantly increase the chances of a crash, particularly:
- Unsafe trail conditions or unmarked hazards
- Reckless, intoxicated, or unskilled operators
- Inclement weather conditions
Understanding Traumatic Brain Injuries
Traumatic brain injuries (TBIs) disrupt normal brain function through a sudden jolt or blow to the head. Symptoms can range from mild concussions to life-threatening swelling and bleeding.
The effects of a TBI may include:
- Cognitive issues. Memory, concentration, problem-solving, and communication problems
- Personality changes. Increased aggression, sensitivity, or impulsivity
- Physical impairments. Issues with balance, coordination, and senses
The road to recovery can be lengthy, costly, and emotionally challenging for both victims and their families. Severe TBIs often require extensive medical treatment and long-term care, such as:
- Emergency trauma care and hospitalization
- Surgeries to relieve pressure or repair skull fractures
- Rehabilitation and therapy to restore function
- Ongoing assistance with daily living activities
The expenses can quickly overwhelm families already coping with the emotional impact of the injury. When another person’s careless actions triggered the crash, Nebraska law allows injured riders to pursue compensation to support their recovery.
What to Do After an ATV Accident
The moments immediately following a crash can feel chaotic and surreal. Taking the proper steps can make a significant difference in both treatment and future compensation.
- Seek immediate medical care. A TBI cannot always be seen from the outside. A full evaluation documents symptoms from the beginning and protects long-term health.
- Report the accident. Contact law enforcement and the property owner, where applicable.
- Document the scene. Photos of your injuries and the vehicle, trail, waterway, or surrounding environment capture details that may later determine how the crash happened.
- Get contact info. Exchange contact information with the other parties involved, as well as any witnesses.
- Record the details. Write down what you remember now; memory often fades quickly after a head injury.
- Keep every document. Medical records, bills, repair estimates, and insurance correspondence all become crucial evidence.
- Find a skilled personal injury lawyer. An attorney can identify potential sources of compensation, manage communication with insurers, and safeguard your rights.
What Compensation is Available After a Brain Injury?
A traumatic brain injury can complicate every part of daily life. Some people return to normal within weeks, while others face months or years of physical, cognitive, or emotional challenges. Compensation reflects those real-world consequences.
Through an insurance claim or personal injury lawsuit, you may be entitled to recover damages such as:
- Past and future medical expenses. TBIs often require imaging, neurological care, therapy, and follow-up appointments. When symptoms persist, long-term therapy or support may be necessary.
- Lost wages and diminished earning capacity. Many riders struggle with memory or concentration, which makes it difficult for them to work during recovery.
- Pain, suffering, and life-impact losses. A TBI may change how someone feels, moves, communicates, or handles stress—altering routines and relationships.
- Property damage. ATVs, snowmobiles, and jet skis can be costly to repair or replace after a crash.
Every brain injury affects life differently, which is why each case is evaluated individually. An experienced personal injury attorney will work to secure financial compensation that reflects the full scope of the accident’s impact.
How a Lawyer Can Help
Insurance companies often minimize the severity of brain injuries, especially when early symptoms appear mild. They’re known to pressure victims to settle quickly for less than they are entitled to. But you should not have to bear the financial burden caused by another's negligence.
An Omaha traumatic brain injury lawyer can:
- Investigate the cause and determine fault
- Gather supporting evidence
- Calculate long-term damages
- Handle communication with insurers
- Advocate for fair compensation
A recreational ride shouldn’t end with confusion, pain, or uncertainty about the future. At the Law Office of Matthew A. Lathrop, we understand the devastation of traumatic brain injuries. Let us pursue justice and fair compensation for your ATV accident losses. With knowledgeable legal help, it’s possible to rebuild the stability you’ve lost.