An ATV accident claim is a claim for injuries involving an all-terrain vehicle, a utility vehicle (UTV) or a side-by-side, whether from a rollover, a collision, a mechanical failure or a dangerous property condition. In Virginia, these claims can involve the driver, the machine’s owner, the landowner, the manufacturer or a rental business, and the right answer depends on how and where the crash happened.
Blank Kim Injury Law represents people hurt in ATV and off-road vehicle crashes, and families who lost someone in one, from our Fairfax office. Many of these crashes happen away from the suburbs, in western Loudoun, Prince William County and beyond, and we handle claims wherever in Virginia they arise. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
How ATV and side-by-side accidents happen
- Rollovers on slopes, ditches and uneven ground, where a heavy machine lands on the rider
- Collisions with cars and trucks where ATVs cross or travel on roads
- Collisions between machines on trails and private land
- Passengers thrown from machines designed for one rider
- Mechanical failures, such as brakes, throttles that stick, steering failures or rollover protection that does not hold
- Hidden hazards such as wire fences, drop-offs and washed-out trails
Many serious ATV injuries involve children and teenagers riding adult-sized machines. Manufacturers publish age and size recommendations, and whether an adult let a child ride a machine too large for them can matter to the claim.
Who can be responsible for an ATV injury
| Party | When they may be responsible |
|---|---|
| The driver | Careless operation, speed, alcohol, carrying passengers the machine was not built for |
| The owner | Lending the machine to someone inexperienced, too young or impaired, or failing to maintain it |
| The landowner | Dangerous hidden conditions, subject to Virginia’s rules for recreational land use |
| A motorist | Striking an ATV at a road crossing or on a road |
| The manufacturer or seller | A defect in design, manufacturing or warnings |
| A rental or tour business | Poor maintenance, inadequate instruction, unsafe routes |
Virginia law gives landowners who open their land for recreation without charge some protection from liability, and the protection has limits. Whether it applies depends on the facts, such as whether a fee was charged and what the landowner knew. We check it at the start of every off-road case.
Rollovers and defective machines
ATVs and side-by-sides have high centers of gravity, and some models have a history of rollover, fire or brake problems and recalls. Virginia does not recognize strict liability in tort for defective products, so a claim against a manufacturer proceeds in negligence and breach of warranty, including the implied warranty of merchantability under Va. Code § 8.2-314. For personal injury, the injured person does not need to have bought the machine directly, under Va. Code § 8.2-318.
Preserve the machine exactly as it is after the crash. Do not repair it, sell it or let an insurer take it before an attorney arranges an inspection. Read more about product liability claims.
Insurance that may cover an ATV accident
ATV claims do not follow a single insurance path. Depending on the facts, coverage can come from:
- A specific ATV or recreational vehicle policy on the machine
- The owner’s homeowners or farm policy, which may cover or exclude off-road vehicles, and sometimes covers them only on the insured property
- A motorist’s auto policy when a car or truck hit the ATV
- Your own auto policy’s uninsured motorist coverage, depending on its definitions; see uninsured motorist claims
- A rental or tour company’s commercial policy
We read the actual policies before drawing conclusions. Exclusions for off-road vehicles are common and are worded differently from policy to policy.
Contributory negligence, passengers and children
Virginia follows contributory negligence, which generally bars recovery by a person found even slightly at fault. Insurers in ATV cases argue that the rider was going too fast, rode on unfamiliar ground, skipped a helmet or accepted an obvious risk. Exceptions include the last clear chance doctrine, and contributory negligence is not a defense to willful and wanton conduct, such as a driver who was drunk.
Children under seven are presumed incapable of negligence in Virginia, so a young child’s own conduct is generally not a defense. Claims for children also follow different timing rules. When an injury happens on a farm or at work, workers’ compensation or a farm accident claim can be the right route instead.
ATV injuries and filing deadlines
Riders are exposed, and machines are heavy. Common injuries include traumatic brain injuries, spinal cord injuries and paralysis, crush injuries, chest injuries, broken bones and amputations. Severe cases are often flown or driven to a trauma center such as Inova Fairfax Medical Campus in Falls Church.
Virginia generally allows two years from the date of injury to file a personal injury lawsuit under Va. Code § 8.01-243(A). A family’s wrongful death claim generally must be filed within two years of the death under Va. Code § 8.01-244(B). Start a free case review so an attorney can check the dates and the insurance early.
