Chicago & Illinois ATV / UTV Accident Lawyer · For Hurt Riders, Passengers & Families Since 2000
Hurt In An ATV Crash? Being Blamed Doesn’t Mean You’re The One Who Pays.
If you were hurt in an ATV accident in or around Chicago, the insurance company’s first move is to pin it on you — “you chose to ride, you assumed the risk.” Injury attorney Toby Mulholland finds who’s really liable — the owner, the landowner, another rider, or a rental — and goes after them for your medical bills, lost pay, and pain. You owe nothing unless he wins.
Free ATV Injury Case Review
🔒 100% Confidential · No obligation · No fee unless we win
Credentials You Can Verify
Only The Injured. Never The Insurance Company.
For 25 years, Toby Mulholland has worked one side of the courtroom — the injured person’s — as a trial lawyer the defense actually has to prepare for. No insurers, no big corporations, no exceptions.
A perfect 5.0★ from 18 Google reviews — read every one yourself →
Let me just say, Toby was my advocate every step of the way - in the midst of such a traumatic accident, I had comfort knowing my Lawyer was doing everything in his power to right the wrongs of the person who nearly took my life.
Everything about that experience was new to me - I had never been in an accident, dealt with insurance, filed a suit, given a deposition, etc. Toby was informative regarding all the legal processes which were taking place, and answered all questions I had - in essence: he was my biggest advocate other than myself.
He is extremely organized, well spoken, and knows exactly what he is talking about. Without his help, I don't know how I would have gotten through such a turbulent time.
If you find yourself in a similar position to me, where it feels like your world is collapsing, medical facilities trying to push you around, insurance companies calling you... Toby Mulholland is the person you need to shield you from the noise, the advocate you deserve, and the best Lawyer around.
Thank you for everything you have done to help me in my most dire of times, Toby!
What They’ll Say First
“You Knew It Was Dangerous.” That’s The First Thing They’ll Say — And It’s Usually Wrong.
Before the dust settles, someone is already building the story that this was your own fault. It’s not because it’s true. It’s because if you’re to blame, nobody has to pay you.
The other rider’s insurer, the property owner, the rental company — each one has a reason to say you “assumed the risk” the second you got on the machine. A lot of riders half-believe it, because riding off-road feels like something you did to yourself. So they never call a lawyer, and they swallow bills that were never theirs to pay.
Here’s the part they’re counting on you not knowing: in Illinois, choosing to ride does not erase someone else’s duty to keep you reasonably safe — and being partly at fault does not erase your right to recover.
Illinois uses “modified comparative negligence” with a 51% bar: as long as you are not more than half at fault, you can still recover — your share just reduces the amount. So “it was partly my fault” is a reason to call, not a reason to give up.
Meet Your Attorney
Meet Toby Mulholland — The Lawyer Who Actually Answers The Phone.
“He picks up the phone.” It’s the thing clients mention most in their reviews.
You won’t get handed to a case manager you never met. Toby P. Mulholland has represented people seriously hurt by someone else’s negligence since 2000 — and only those people. He doesn’t represent insurance companies. He doesn’t represent the corporations. He represents you.
Toby has handled hundreds of cases, including catastrophic injury, serious vehicle and off-road crashes, and wrongful death — with a reputation across Illinois for the kind of deposition and trial work that moves stubborn insurers toward real money. Because he’s licensed in Illinois and Wisconsin, he can also help riders hurt up north, where so many Chicago-area families trailer out to ride.
- Practicing since 2000 — 25+ years of injury law
- Licensed in 3 states — Illinois · Wisconsin · Arizona
- Illinois Trial Lawyers Assn. — Active member
- Arizona Assn. for Justice — Active member
Do You Have A Case?
Rolled It, Thrown From It, Or Hit By Another Rider? You May Have A Claim.
These are the ATV and UTV crashes Illinois riders ask about most. If yours sounds like one of these — even if you’ve already decided it was “just your fault” — call before you talk to anyone’s insurance adjuster.
“I rolled / flipped the ATV”
Rollovers are involved in most fatal ATV crashes, often because of a defect, a bad trail, or a machine the owner never should have put you on.
“I was thrown off and hit the ground”
Ejections at speed cause head, neck, spine, and crush injuries. A hidden hazard or a reckless driver behind you can put liability on someone else.
“I was a passenger and got hurt”
Most ATVs are built for one. If a driver carried you and crashed, the driver's insurance is often responsible. Being a passenger usually makes your claim stronger.
“My kid got hurt on someone’s four wheeler”
Children on adult size machines, with no helmet or supervision, are a tragically common case and usually the owner's responsibility, not yours.
“Another rider or vehicle hit me”
Racing, tailgating on the trail, or a collision with a truck or UTV puts fault on that driver and opens their insurance to your claim.
“The trail or property was dangerous”
An unmarked trench, a washed out drop, or a hidden cable on someone's land can make the property owner liable under Illinois premises law.
More Defendants, More Recovery
Who Actually Pays For An Off-Road Crash? Almost Always Someone Other Than You.
“There’s no insurance on the quad” is the myth that costs riders the most. The ATV itself may have no policy — but the money usually comes from somewhere else entirely. The more parties on the hook, the more coverage there is for your recovery.
The ATV / UTV Owner
For poor maintenance, or handing the keys to an unfit, inexperienced, or impaired rider (negligent entrustment). Often paid by a homeowner's or umbrella policy.
The Property / Landowner
For hidden hazards, unmarked drops or trenches, or allowing dangerous riding without warning (premises liability).
Another Rider Or Driver
For reckless riding, racing, or a collision with another ATV, UTV, truck, or car, covered by that person's auto or liability policy.
A Rental Or Tour Operator
For a badly maintained machine, no safety briefing, or putting you on terrain you were never ready for.
An Event, Club, Or Host
For an unsafe course, no marshaling, or letting the ride happen after people had been drinking.
A Bar Or Social Host
Illinois dram shop and host rules can apply when alcohol fueled the crash.
Straight Talk On Value
How Much Is Your Chicago ATV Accident Case Worth?
Anyone who promises you a number before reviewing your case is guessing. The honest answer: your recovery comes down to a handful of real factors — and your case is almost always worth more than the first emergency-room bill.
- 1How serious the injury is. Road rash and degloving, broken bones, a brain injury from a rollover, a spinal injury, or an amputation each carry very different value.
- 2Whether you can work and live like before. Lost income now and in the future — plus a permanent injury that changes daily life — raises what your case is worth.
- 3How many parties are liable. An owner, a landowner, another rider, a rental operator, a manufacturer — each one we add is another insurance policy to recover from.
- 4Your future care, not just the first bill. Surgeries, skin grafts, rehab, scarring, and long-term care all belong in your claim — not just the day you got hurt.
Illinois gives you two years to file — but the evidence in an ATV case disappears even faster. The machine gets repaired, sold, or scrapped, the trail or property gets cleaned up, and the other rider’s story hardens. The sooner you call, the more we can lock down. Deadlines can be shorter when a government or public-land agency is involved.
When The Person Hurt Wasn’t Driving
Was Your Child — Or Your Passenger — Hurt On Someone Else’s ATV?
Some of the worst ATV injuries happen to the people with the least control over the ride: kids and passengers. The guilt is heavy, but the law usually points the responsibility somewhere else.
Your child was hurt on someone’s ATV
Many of the most catastrophic injuries happen to children on adult-size machines they were never meant to drive. If an owner handed a child the keys, skipped a helmet, or let an inexperienced rider take a young passenger, that can be negligence. The claim is typically against the owner’s insurance — not the family personally — and Illinois gives injured minors extra time to pursue it.
You were the passenger — or yours was hurt
Most ATVs are designed for a single rider. When a driver carries a passenger and crashes, the driver — through their insurance — is usually responsible for the passenger’s injuries. Being a passenger almost never weakens your case. More often, it makes it clearer.
Children’s off-road-vehicle deaths jumped 31% in a single year, and the ATV overturns in at least 65% of fatal crashes.
Source: U.S. Consumer Product Safety Commission (CPSC) off-highway-vehicle reports.Real Recoveries
The Kind Of Serious-Injury Money Toby Fights For
These are real firm results from other serious-injury cases — defective equipment, severe burns, and wrongful death — so you can see the kind of fight, and the kind of money, that’s on the table when a catastrophic case is handled right.
For a family after a fatal commercial-vehicle crash. (Not an ATV case — shown as a comparable wrongful-death result.)
For the family of a worker killed by a malfunctioning trailer-lift — a claim against the equipment maker. (Not an ATV case; comparable defect claim.)
For a laborer who suffered burns and a fractured elbow. (Not an ATV case; comparable catastrophic-injury result.)
Prior results do not guarantee a similar outcome. Each case depends on its own facts. The figures above are real firm results from non-ATV matters, shown for illustration only.
Simple From Here
What Happens When You Call — From First Call To Your Check
Free call
Tell us what happened and you get a straight read on whether you have a case, plus answers to every question you have. No cost, no pressure.
We investigate
We move fast to preserve the ATV, photograph the trail or property, pull records, and find every party — and every policy — on the hook.
We fight, you heal
We take on the adjusters and the blame game, and prepare your case for trial if they won’t pay you fairly.
You get paid
We push for the full value of your injury — and you owe no fee unless we win money for you.
You’re Protected
Nothing Upfront. Nothing Unless We Win. And You’re Not Suing A Friend.
The two things that keep hurt riders from calling — money and guilt — usually fall apart the moment you understand how this actually works.
$0 unless we win
You pay nothing up front and nothing out of pocket — just a contingency fee, so there’s no fee unless we win money for you. Your first review is free, with no obligation.
“I don’t want to sue my buddy”
In almost every case, an insurance company pays the claim — a homeowner’s, umbrella, auto, or rental policy — not your friend or relative personally. You’ll know exactly whose policy is in play before you decide anything.
Don’t let the adjuster steer you
If an insurance adjuster keeps calling, don’t give a recorded statement or sign anything first. One call protects your rights — and your information stays confidential. Se habla español.
Local Counsel
Where You Were Riding Still Matters — Chicago, The Collar Counties, Or Up North.
Almost nobody rides an ATV inside the city — you trailer out. So where the crash happened changes who’s liable and which state’s law applies, and that’s exactly the kind of thing we sort out on the first call. Our office sits downtown in the Loop on South Michigan Avenue, and we help riders hurt across Illinois and, because Toby is licensed there, up in Wisconsin too.
Hurt on private land or a trail? That often points straight to a landowner or premises claim.
Answers
The Questions Every Rider Asks Us First
No. You pay nothing up front and nothing out of pocket. We work on a contingency fee, so there’s no fee unless we win money for you. The first case review is free, and there’s no obligation to hire us.
The ATV itself often has no policy, but that’s rarely the end of the story. Coverage can come from the owner’s homeowner’s or umbrella policy, a rental or tour operator’s liability insurance, another rider’s or driver’s auto policy, an event host, or your own health insurance for the bills. We look for every available source — the more parties we hold responsible, the more there is to recover from.
Being blamed isn’t the same as being legally at fault. “You assumed the risk” is the first thing an insurer says, because if you’re blamed, no one pays. But assumed risk doesn’t erase a landowner’s duty to keep you reasonably safe, or an owner’s duty not to hand the keys to an unfit rider. Illinois also uses modified comparative negligence: as long as you’re not more than 50% at fault, you can still recover, reduced by your share.
In almost every case, a claim is paid by an insurance company — a homeowner’s, umbrella, auto, or rental policy — not out of your friend’s or relative’s pocket. Pursuing a claim usually means making that insurer pay what it already collected premiums to cover, not taking someone’s house or savings. We can tell you exactly whose policy is in play before you decide anything.
Often, yes. Many serious ATV injuries happen to children on adult-size machines they were never meant to operate, or to passengers on ATVs built for one rider. If an owner handed a child the keys, skipped helmets, or let an inexperienced driver carry a passenger, that can be negligence — and the claim is typically against the owner’s or driver’s insurance, not the family personally.
Yes. Where you were riding actually matters. Under Illinois premises-liability law, a property owner can be responsible for hidden hazards, unmarked drops or trenches, or allowing dangerous riding without warning. A crash on private land or a trail doesn’t put you on your own — it often points us straight to who’s liable.
Possibly. ATVs overturn in a large share of fatal crashes, and manufacturers have faced claims over high centers of gravity, missing roll protection, failed brakes, stuck throttles, and inadequate warnings. If a defect caused or worsened your injury, that’s a separate product-liability claim against the maker — and we handle those too.
Often, yes. Many Chicago-area riders trailer out to trails in Wisconsin, Indiana, and the collar counties. Toby is licensed in Illinois and Wisconsin and the firm has a Milwaukee office, so we can help with many out-of-state recreational crashes or coordinate where needed. Call and tell us where it happened.
Generally two years from the date of the accident for a personal-injury lawsuit, and two years for a wrongful-death claim. Deadlines can be shorter when a government entity or public-land agency is involved, and different rules apply for injured minors. Evidence in an ATV case disappears fast — the machine gets repaired or sold and the trail changes — so call as soon as you can.
No Fee Unless We Win
Don’t Decide It Was Your Fault Until You’ve Talked To Us.
You’re hurt, the bills are stacking up, and someone is already telling you it’s on you. One free call with a Chicago ATV accident lawyer tells you who’s really liable, what your case is worth, and what to do next — with no fee unless we win.
Free ATV Injury Case Review
🔒 100% Confidential · No obligation · No fee unless we win