Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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Legally Reviewed by William Pemberton on September 30, 2026
UTVs and ATVs are built for adventure, but they offer little protection when something goes wrong. A rollover, collision, or mechanical failure can leave riders with serious injuries and a lot of unanswered questions about what to do next. If you were hurt in a UTV or ATV crash in Madison, you have the right to pursue compensation.
Pemberton Personal Injury Law Firm has decades of combined experience helping injured Wisconsinites get the results they deserve. We handle UTV and ATV accident cases throughout Madison and know the terrain, trail systems, and circumstances that often lead to these crashes. We also represent riders hurt in snowmobile accidents on Dane County’s winter trails.
Off-road vehicles, like UTV’s and ATV’s, are built to handle rough ground, but that same design makes crashes especially dangerous. Most UTVs and ATVs have no airbags, limited structural protection, and in many cases, no enclosed cab. When something goes wrong, riders absorb most of the impact.
According to the U.S. Consumer Product Safety Commission’s 2024 Off-Highway Vehicle Report, an estimated 99,800 emergency department-treated injuries involving ATVs, ROVs, and UTVs occurred in the United States in 2023. Head and neck injuries make up a large number of those cases. Many victims require long-term care and significant financial support to recover.
Figuring out who is liable takes a careful look at what happened and why. More than one party can share responsibility for the same crash, similar to cases handled by our Madison car accident lawyers.
Potentially liable parties in a UTV or ATV accident include the following:
Each of these potential avenues is worth exploring fully. Our team investigates all of them so nothing is missed.
Wisconsin law allows injured victims to pursue a wide range of damages. The amount available depends on the facts of each case, but both economic and non-economic losses may be on the table.
Economic damages cover the direct financial losses tied to your accident. These are the measurable costs that add up during and after your recovery:
Our team reviews every financial loss carefully to make sure nothing is overlooked when calculating what you are owed.
Non-economic damages address the personal toll your injuries have taken on your life. These losses are harder to put a number on, but they are just as real:
In some cases involving catastrophic injuries, additional damages may also apply. Our attorneys look at every category of loss to make sure your claim reflects the full impact of what you have been through.
Building a strong claim means doing more than gathering a police report. We start working quickly to preserve evidence before it disappears.
Our attorneys investigate the accident scene, examine the vehicle, collect witness statements, and consult with experts on mechanical failure and negligent conduct. When injuries are severe, we work with medical and financial professionals who can speak to the full long-term cost of what you have been through.
We also handle all communication with insurance companies for you. Insurers in off-road vehicle cases often try to limit payouts by arguing that you assumed all risk by choosing to ride. We know these tactics and push back with documented evidence and skilled advocacy. Whether your case settles or goes to court, Pemberton Personal Injury Law Firm is ready to stand with you every step of the way.
Timing matters when it comes to filing a personal injury claim. If you wait too long, you may lose the right to pursue compensation entirely.
Typically, a lawsuit must be filed within 3 years from the date of the accident, and this time period generally applies to UTV and ATV injury claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Speaking with an attorney as soon as possible after your accident gives you the best chance of protecting your rights and building the strongest case.
A serious UTV or ATV accident can turn your life upside down. Bills pile up, recovery takes time, and the path forward is not always clear. You deserve legal support that is focused on your outcome from day one.
Pemberton Personal Injury Law Firm is built on The Pemberton Promise, a commitment to honest, client-centered representation in every case we take on. Contact us today to schedule a free case evaluation. We do not charge a fee unless we win your case.
Seek medical attention right away, even if you feel your injuries are minor, as some serious conditions are not immediately apparent. If possible, document the scene with photographs, preserve any physical evidence, and gather contact information from any witnesses. Avoid giving statements to insurance companies before speaking with an attorney. Contacting a UTV and ATV accident lawyer as soon as possible helps protect your rights and gives you the best opportunity to build a strong claim under Wisconsin law.
In most cases, Wisconsin law requires a personal injury lawsuit to be filed within three years from the date of the accident. Waiting too long can result in losing your right to compensation regardless of how strong your case may be. Certain exceptions may apply depending on the specific facts of your situation, including claims involving government entities or cases involving minors. Speaking with an attorney shortly after your accident is the best way to ensure no critical deadlines are missed.
Liability depends on how and where the accident occurred. A negligent driver, a property owner who failed to maintain safe riding conditions, a manufacturer responsible for a vehicle defect, or an event organizer who ignored known hazards may all bear responsibility. In some cases, more than one party shares liability. An attorney can investigate the circumstances of your accident and identify every potentially responsible party to ensure your claim is as strong as possible.
Wisconsin law allows injured victims to seek both economic and non-economic damages. Economic damages include medical bills, rehabilitation costs, lost wages, and reduced future earning capacity. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving catastrophic injuries, additional damages may be available. The full value of your claim depends on the severity of your injuries, the length of your recovery, and the long-term impact on your daily life and ability to work.
Yes. Pemberton Personal Injury Law Firm takes UTV and ATV accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. This arrangement allows injured people across Madison and Wisconsin to access experienced legal representation without upfront costs or financial risk. You can schedule a free consultation to discuss your case and understand your legal options before making any decisions about moving forward.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
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Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$40M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.