Why Hire ATV & Side-by-Side Accident Lawyers?
ATV and side-by-side accident cases involve a distinct set of legal issues. Unlike car accidents, ATV crashes may occur on private property, off-road trails, or rural roads without traditional traffic laws. Liability may involve product defects, property owner negligence, or the actions of other riders.
The Consumer Product Safety Commission (CPSC) tracks ATV injuries and fatalities closely, reporting approximately 100,000 ATV-related emergency room visits and hundreds of deaths annually. Children under 16 account for a disproportionate share of ATV fatalities.
Our attorneys handle ATV cases involving manufacturer defects (rollovers, steering failures, throttle malfunctions), negligent property owners, rental operators who provide inadequate safety equipment or instruction, and collisions with motor vehicles on public roads. We pursue every liable party to maximize compensation.
At Roden Law, our personal injury attorneys have helped numerous victims secure millions in compensation across Georgia and South Carolina. We provide all potential clients with a free, no-obligation review of their claim and do not charge upfront legal fees.
Types of ATV & Side-by-Side Accident Lawyers Cases We Handle
Meeting the Statute of Limitations
If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation. You should not hesitate to consult with a skilled attorney to ensure your claim is filed on time.
Do I Have a Case?
Before our attorneys can take legal action, we must prove the four elements of negligence existed in your accident:
Duty of Care
The other party owed you a duty of care and was obligated to act in a manner that ensured your safety and the safety of others.
Breach of Duty
The other party breached that duty by failing to act as a reasonably safe and prudent person would have in the same situation.
Causation
The at-fault party's conduct and the resulting accident directly caused your injuries. We gather evidence to prove that but for their negligence, you would not have been harmed.
Damages
You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result of the at-fault party's breach.
Types of Compensation You Can Recover
Economic Damages
- Past and future medical expenses
- Lost wages or income
- Loss of earning capacity
- Property damage and vehicle repair/replacement
- Cost of rehabilitation and physical therapy
- Assistive medical equipment
- Cost of long-term or lifelong care
Non-Economic Damages
- Pain and suffering
- Mental and emotional distress
- Loss of companionship (spouse/family)
- Disability and disfigurement
- Loss of enjoyment of life
- Humiliation or loss of reputation
Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.
Comparative Fault — What If I'm Partially At Fault?
🍑 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.
For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys will work to minimize any fault assigned to you.
Common Causes of ATV & Side-by-Side Accident Lawyers Cases
- Rollover on slopes or uneven terrain
- Excessive speed on curves or hills
- Defective throttle, steering, or brakes
- Riding adult-sized ATVs with child passengers
- Operating ATVs on public roads
- Failure to wear helmets or seatbelts (UTVs)
- Inexperienced or untrained operators
- Overloaded passengers on single-rider ATVs
- Alcohol or drug impairment while riding
- Hidden property hazards (ditches, wire, holes)
- Mechanical failure from inadequate maintenance
- Rental operators providing no safety instruction
Common Injuries in ATV & Side-by-Side Accident Lawyers Cases
ATV riders frequently do not wear helmets, and ejections and rollovers cause severe head impacts with the ground, trees, or other objects. TBI is the leading cause of death in ATV crashes.
Rollovers and ejections cause extreme forces on the spine. Vertebral fractures and spinal cord damage can result in permanent paralysis, requiring lifelong medical care and assistance.
ATVs weigh 400-1,000+ pounds and UTVs can exceed 2,000 pounds. Rollovers can pin and crush riders beneath the vehicle, causing catastrophic injuries to the chest, pelvis, and extremities.
Arm, leg, pelvis, and rib fractures are extremely common in ATV crashes. Many require surgical repair with hardware and result in lengthy recovery periods.
Being pinned under or thrown from an ATV can cause ruptured organs, internal bleeding, and life-threatening abdominal injuries requiring emergency surgery.
Contact with hot engines, exhaust systems, and post-crash fuel fires causes severe burns. ATV fuel tanks are vulnerable to rupture in rollover crashes.
The CPSC reports hundreds of ATV fatalities annually, with children disproportionately represented. Surviving families may pursue wrongful death claims against manufacturers, property owners, and rental operators.
Recent Case Results
Client paralyzed in collision with commercial semi-truck.
Defective product caused catastrophic injury.
Client suffered severe injury due to negligent property maintenance.
Wrongful death — surviving spouse of auto accident victim.
Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.
About the Author
Reviewed by Eric Roden, Founding Partner, CEO — Licensed in Georgia & South Carolina
Frequently Asked Questions
Generally no. Georgia law (O.C.G.A. § 40-7-120 et seq.) restricts ATV operation on public roads to limited circumstances, such as agricultural use and supervised road crossings. ATVs are not street-legal without specific modifications. Operating an ATV illegally on a road may affect comparative fault but does not bar a claim if another party was also negligent.
Yes. If a defective throttle, steering system, brake, suspension, or other component caused your crash, the manufacturer is liable under product liability law. Both Georgia and South Carolina recognize claims for design defects, manufacturing defects, and failure to warn.
Potentially the adult who allowed the child to ride, the property owner, the ATV rental operator, and/or the manufacturer. The CPSC recommends no children under 6 ride ATVs and that children under 16 only use age-appropriate models. Providing a child with an adult-sized ATV is strong evidence of negligence.
Yes. Rental operators must provide maintained equipment, helmets, safety instruction, and age-appropriate vehicles. If they failed in any of these duties, they may be liable. Signed waivers do not protect against claims of gross negligence or equipment defects in either Georgia or South Carolina.
Side-by-sides generally offer more stability, seatbelts, and roll cages compared to ATVs. However, they can still roll on steep terrain, and rollovers remain the leading cause of serious UTV injuries. Failure to use seatbelts in a UTV negates much of the safety advantage.
Georgia has a 2-year statute of limitations (O.C.G.A. § 9-3-33) and South Carolina allows 3 years (S.C. Code § 15-3-530). Product liability claims may have different considerations. Contact an attorney promptly to preserve evidence and meet all applicable deadlines.
Contact Our ATV & Side-by-Side Accident Lawyerss 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.