What Is a ATV & Side-by-Side Accident Case?

Injured in a side-by-side or UTV accident in Georgia or South Carolina? Our attorneys handle Polaris RZR, Can-Am, and other utility vehicle crash claims involving defects, rollovers, and operator negligence.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in an atv & side-by-side accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Side-by-Side & UTV Accident Claims

Side-by-side vehicles — also known as utility task vehicles (UTVs) or recreational off-highway vehicles (ROVs) — have surged in popularity across Georgia and South Carolina for both recreational use and property management. Vehicles like the Polaris RZR, Can-Am Maverick, Kawasaki Teryx, and Yamaha YXZ are marketed for high-performance off-road adventure, but their power-to-weight ratios and off-road capabilities create serious injury risks. The CPSC has tracked a rapid increase in UTV-related injuries and deaths in recent years, with rollovers, ejections, and collisions causing devastating harm.

At Roden Law, our ATV and UTV accident attorneys represent victims of side-by-side crashes throughout Georgia and South Carolina. Whether your accident involved a vehicle defect, operator negligence, or unsafe terrain conditions, we pursue full compensation for your injuries.

Common Side-by-Side Accident Causes

Side-by-side vehicles present unique hazards that differ from traditional ATVs and motor vehicles:

  • Rollover accidents: Despite roll cages, UTVs still roll over at alarming rates — particularly high-performance sport models driven at speed on uneven terrain (see also ATV rollover accidents)
  • Passenger ejection: Occupants thrown from the vehicle during a rollover, often due to inadequate restraint systems or doors that open on impact
  • Defective seatbelts and harnesses: Three-point belts that fail to restrain occupants in a rollover, or harness systems that are difficult to latch properly
  • Excessive speed on trails: High-performance UTVs capable of 70+ mph operated on narrow trails and rough terrain
  • On-road collisions: UTVs operated illegally on public roads, where they are struck by motor vehicles (see ATV road collisions)
  • Defective components: Recalled parts, faulty steering, suspension failures, and throttle malfunctions (see ATV product defects)

Polaris RZR Recalls and Safety Issues

Polaris Industries, the manufacturer of the popular RZR line of side-by-side vehicles, has been the subject of numerous CPSC recalls involving fire hazards, steering defects, suspension failures, and throttle issues. Multiple RZR models have been recalled for engine compartment fires caused by fuel system leaks and overheating exhaust components. If you were injured in a Polaris RZR accident, a manufacturing or design defect may be a contributing factor, giving rise to a product liability claim in addition to any negligence claims.

Georgia & South Carolina UTV Regulations

Georgia law under O.C.G.A. § 40-7-120 et seq. classifies side-by-side vehicles alongside ATVs for regulatory purposes, restricting their use on public roads and establishing age and safety requirements. South Carolina regulates off-highway vehicles under S.C. Code § 56-15-10 et seq., with similar restrictions on road use and requirements for equipment standards.

Operating a side-by-side on a public road in violation of these statutes can constitute negligence per se. When an operator’s violation of these laws contributes to an accident that injures a passenger or third party, the violation itself can establish fault.

Damages in Side-by-Side Accident Cases

UTV accidents frequently result in severe injuries due to the open-air design and high-speed capabilities of these vehicles. Common injuries include crush injuries from rollovers, traumatic brain injuries, spinal cord damage, amputations, severe burns from post-crash fires, and death. Recoverable damages include all medical expenses, lost income, pain and suffering, permanent disability, and in fatal cases, wrongful death damages. Georgia allows 2 years to file suit (O.C.G.A. § 9-3-33), while South Carolina provides 3 years (S.C. Code § 15-3-530).

Why Choose Roden Law for Side-by-Side Accident Claims

UTV cases require detailed technical analysis of vehicle design, terrain conditions, and manufacturer safety standards. Our attorneys have the experience and resources to handle complex side-by-side accident claims, including product liability cases against major manufacturers like Polaris, Can-Am, and Kawasaki. We work on a contingency fee basis — you pay nothing unless we win.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

What to Do After a Side-by-Side (UTV) Accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. State law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: ATV & Side-by-Side Accident Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Side-by-Side (UTV) Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.