ATV Collisions on Public Roads
All-terrain vehicles and side-by-side UTVs are designed for off-road use, but they are frequently operated on public roads — particularly in rural Georgia and South Carolina communities where ATVs are used for farm work, property maintenance, and general transportation. When an ATV operating on a public road is struck by a car, truck, or other motor vehicle, the results are almost always catastrophic. ATVs lack the safety features of passenger vehicles — no airbags, no crumple zones, no seatbelts (on most ATVs), and minimal visibility lighting — leaving riders exposed to devastating impact forces.
At Roden Law, our ATV accident attorneys handle road collision cases throughout Georgia and South Carolina. These cases involve complex liability questions about whether the ATV was legally on the road, whether the motor vehicle driver was negligent, and whether the ATV’s lack of safety equipment contributed to the severity of the injuries.
Georgia & South Carolina ATV Road Use Laws
Georgia law under O.C.G.A. § 40-7-120 et seq. generally prohibits operating ATVs on public roads, with exceptions for agricultural purposes, road crossings, and certain designated areas. When an ATV is legally crossing or traveling along a roadway under these exceptions, the operator must comply with applicable traffic laws and safety equipment requirements.
South Carolina’s off-highway vehicle statute (S.C. Code § 56-15-10 et seq.) similarly restricts ATV road use, though specific regulations vary by county and municipality. Some South Carolina counties have adopted local ordinances permitting limited ATV road use on roads with speed limits of 35 mph or less.
Critically, even if an ATV is on the road illegally, the motor vehicle driver still owes a duty of care to avoid collisions. A driver who strikes an ATV because they were speeding, distracted, driving under the influence, or failed to exercise reasonable care can be held liable for the resulting injuries, regardless of whether the ATV was lawfully on the road.
Common ATV Road Collision Scenarios
Our attorneys have handled ATV road collision cases involving a wide range of circumstances:
- Road crossings: ATVs struck while legally crossing a public road from one property to another — often at high-risk rural intersections with limited visibility
- Agricultural use: Farm ATVs traveling along road shoulders or crossing roads between fields, struck by passing traffic
- Rural road travel: ATVs used as transportation on low-speed rural roads, struck by faster-moving vehicles
- Nighttime collisions: ATVs with inadequate lighting struck by vehicles at dusk or after dark
- DUI collisions: Impaired drivers striking ATVs — see also our drunk driver accident page for information about DUI liability
- Hit-and-run incidents: Drivers striking ATV riders and fleeing the scene
Comparative Fault in ATV Road Cases
ATV road collision cases frequently involve shared fault. The motor vehicle driver may have been speeding or distracted, while the ATV operator may have been on the road illegally or without proper safety equipment. Georgia’s modified comparative fault rule (O.C.G.A. § 51-12-33) allows recovery as long as the injured party is less than 50% at fault. South Carolina similarly applies modified comparative negligence, barring recovery only if the plaintiff is 51% or more at fault.
Our attorneys work with accident reconstruction experts to analyze each collision and establish the motor vehicle driver’s share of fault — even in cases where the ATV rider bears some responsibility for being on the road.
Injuries in ATV Road Collisions
The speed differential between a car (traveling 45–55 mph) and an ATV (traveling 15–25 mph on roads) means that road collisions often produce the most severe injuries of any ATV accident type. Common injuries include traumatic brain injuries, spinal cord injuries and paralysis, multiple fractures, internal organ damage, amputations, and fatal injuries. The lack of rollover protection on most ATVs means riders may be thrown from the vehicle or crushed beneath it. In fatal cases, families may pursue wrongful death claims.
Damages and Statute of Limitations
ATV road collision victims may recover compensation for all medical expenses, lost wages and future earning capacity, pain and suffering, permanent disability, property damage, and wrongful death damages in fatal cases. Georgia’s statute of limitations is 2 years (O.C.G.A. § 9-3-33), and South Carolina allows 3 years (S.C. Code § 15-3-530).
Why Choose Roden Law for ATV Road Collision Claims
ATV road collision cases require careful analysis of both traffic law and off-highway vehicle regulations, combined with accident reconstruction expertise. Our attorneys understand how to navigate the comparative fault issues unique to these cases and maximize your recovery even when liability is shared. We handle all ATV accident cases on a contingency fee basis — you owe nothing unless we win.