ATV riding is a popular activity in Georgia, with many local attractions offering trails for ATV riders. However, the “off-roading” part of the brochure should be taken seriously – ATVs aren’t meant to be driven on roads or highways.
Georgia law specifically prohibits ATVs or other unregistered vehicles on the roads (and ATVs can’t be registered as vehicles in the state). However, you can use your ATV:
- On private property that you own or with the permission of the owner. This includes many business venues that advertise ATV trails or rentals.
- On specially marked trails.
Different cities or municipalities have their own ordinances regarding ATV usage. In Atlanta, the operation of ATVs is banned on city-owned property, parks, and residential streets.
Anyone caught riding an ATV on the roads will be fined $750 for a first violation and $1,000 for a second violation. A third violation could get you between one and six months in jail, and any further violations might mean two to six months in jail.
Legal problems aside, driving an ATV on the road with larger vehicles is disproportionately unsafe for the ATV rider.
ATVs lack safety features like seatbelts or airbags, and if you have a collision with a typical motor vehicle, you would be more likely to suffer severe or fatal injuries than anyone riding in a car.
Do You Need a Georgia ATV Accident Attorney?
If you’re injured in an ATV accident, you could suffer broken bones, lacerations, a head injury, internal injuries, or other issues. Sometimes these injuries aren’t fully covered by your health insurance, and you may be out of work until you recover.
As a result, you might be wondering how to pay your hospital bills and other expenses while you try to get better.
But who is responsible for your ATV injuries? Some people incorrectly assume that no one is responsible – it was simply an accident – or that they were at fault.
Unfortunately, it’s not always easy to understand how or why an ATV crash occurred, but an ATV accident attorney can help you figure it out. Once we’ve identified the liable party, we’ll explain your options for seeking compensation.
Will Insurance Cover My ATV Accident Injuries?
In some cases, yes, but this depends on many factors. Here are some questions your lawyer will probably ask to determine if there might be a relevant insurance policy:
- Where did the accident happen? Some (but not all) homeowner’s insurance policies cover ATV accidents that occur on the owner’s property. If you were on another person’s property with their permission, their liability insurance might cover your accident in some situations.
- What do you recall about how the accident happened? It’s all right if you don’t remember all the details or can’t explain what happened. Your lawyer is trying to learn as much as they can. If they need more information, they may assign an investigator to look into the accident’s cause. In situations where another ATV rider struck the injured person, we will gather as much evidence as possible to learn if the other driver was at fault. If so, we will find out if they have a relevant liability policy.
- If you were riding an ATV that you own, do you have ATV insurance? Some people assume their ATV is covered by their homeowner’s insurance (and sometimes it is). However, ATV insurance often provides more complete coverage, depending on the type of policy you have. If you purchased a policy with MedPay (medical payments coverage), it should cover your medical bills from an ATV accident regardless of fault. Homeowner’s insurance usually only covers your liability to others, not your own medical bills.
How Does Your Georgia ATV Accident Lawyer Help Determine Fault in Your Accident?
We know that the days following an ATV accident can be confusing.
Some people struggle to recall the details of their accident clearly, for multiple reasons – accidents can be traumatic, you may have been knocked unconscious or suffered a head injury, or you might have been given medication that affected your memory.
Fortunately, your attorney has an experienced investigative team to help fill in the blanks.
When people suffer injuries from a car accident, we usually start with a police report. There often isn’t one for an ATV accident unless the ATV was hit by a car or the circumstances were severe or unusual, so our investigators will start elsewhere.
If you can recall the names of any witnesses to your accident, we may begin by asking them what they remember about the accident. We also check out the scene of the accident, which can tell us a lot about what happened.
While there, we’ll canvas the area to see if anyone who lives or works nearby witnessed the incident. Additionally, we look for any security or doorbell cameras that might have captured the events on video.
Who Could Be Liable for an ATV Accident?
There are often more potentially liable parties than many people realize. Here are a few examples:
- A person driving another ATV if they hit you or otherwise caused the accident.
- The owner of the property you were on. This is sometimes true if you were at a business venue that provides ATV trails, especially if your accident was caused by some sort of hazard the owner/management should have handled – for example, a downed tree lying across a trail.
- The ATV manufacturer if your accident was due to a defect in the ATV.
- The ATV’s owner.
- A third party, such as a company that serviced your ATV, if the service workers made a mistake that led to your accident. Another possibly liable third party would be a company that made safety equipment that failed to work as planned, worsening your injuries.
What if I Signed a Waiver?
Often businesses that rent ATVs or allow their use on the property ask customers to sign a waiver stating the business is not responsible for their ATV injuries.
These waivers or releases are meant to protect the business if a customer fails to look where they’re going and crashes into a tree, etc. But a waiver doesn’t completely protect the business from liability in all situations.
The business still has a responsibility to ensure any item they rent out, such as an ATV, is in a safe condition. If they ignore regular maintenance and give you an ATV with bad brakes, causing an accident, you can still sue them for negligence.
Additionally, they may also be liable if you were injured by a hazard on the property that they knew of and failed to fix or warn customers about.
If you were injured on an ATV after signing a waiver, please save a copy of the waiver for your attorney to review.
What Should You Do After an ATV Accident?
We know that accidents happen suddenly, and it might be hard for you to think clearly if you’re hurt or in pain. If possible, try to take these steps as soon as you’re able to protect your legal rights:
- Take pictures of the accident scene, including your ATV and any other vehicle that collided with you. If it was a single-vehicle accident, look around and try to identify what caused you to crash – if you see any hazards, like a large pothole, that may have contributed to the accident, get pictures of these too.
- Make a list of anyone present who may have witnessed the accident.
- Seek medical attention for your injuries promptly, even if they seem mild. Both participating in an exciting activity like ATV riding and being in a scary situation like an accident can get your body’s adrenaline flowing. One effect of adrenaline is blunting pain signals, so some people don’t realize the extent of their injuries until hours after an accident. Others may be in more pain the next day after they’ve gotten some rest and the injured area has become inflamed and swollen. If your injuries don’t heal in the time frame your doctor predicted or you have lingering symptoms, be sure to schedule a follow-up appointment.
- If the ATV is yours, hang onto it and don’t get it repaired right away – we may need to examine the ATV for clues about the accident. It’s also helpful to save your helmet and other safety gear in case of a problem with one of these items.
- Speak with an experienced Georgia ATV accident lawyer before making a statement to any insurance company. Insurance adjusters are eager to seize on any statement you make that they can interpret to mean you were at fault (or the policyholder is not liable). Your attorney can help you make a clear statement to the insurance company after reviewing the details of your accident.
ATV Safety Tips
Here are some tips to reduce your risk of injury when riding an ATV:
- Always protect your head and eyes by wearing a helmet that covers your face (or goggles if you use an open helmet). ATVs kick up a lot of gravel, twigs, and other debris as you ride, but unlike cars, they have no windshields or windows to keep this debris away from you. If you’re in a crash, a helmet is even more critical. Because there are no seatbelts on ATVs, there is a higher likelihood of being ejected in an accident, and as a result, head injuries are common in these collisions.
- Durable clothing provides another layer of protection. Sturdy shoes that cover the ankle, long-sleeved shirts, long pants, and gloves can prevent some injuries or reduce their severity. We know what you’re thinking – these suggestions sound hot and uncomfortable, especially in the Georgia heat! However, many sporting goods stores carry ventilated protective clothing for motorcycle or ATV riding, designed to keep you cool while protecting you from debris.
- ATVs are just that – all-terrain vehicles. They aren’t meant to be used on pavement except very briefly, such as when it’s necessary to cross a paved area. Never ride your ATV on a road or street, even if it’s just a short trip.
- Choose the right size ATV for yourself, and never carry passengers on an ATV that was only built for one rider. If you plan to carry passengers often, you might want to invest in a two-passenger model, but you should never carry more than one passenger at a time.
- Youths younger than 16 should not use an ATV without adult supervision, and younger children shouldn’t drive an ATV at all. Older kids who are experienced at handling a bike and good at following instructions can learn, but they should not be allowed to ride unsupervised even once they get the hang of things. Remember that if your child wants to learn to ride an ATV, you should find an appropriately-sized model rather than show them how to use your adult-sized ATV. Most stores that sell ATVs have sales staff who can help you find the best-sized vehicle for an adult or a child.
- Take an ATV safety course, even if you’ve been riding for a while, and feel you know what you’re doing. It never helps to refresh your skills or learn new techniques to improve your riding.
- “Don’t drink and drive” goes for ATVs as well as regular motor vehicles. Although ATVs are smaller than cars, they can still be very dangerous, especially since they don’t have the same safety features as motor vehicles.
How Can You Find a Qualified Georgia ATV Accident Law Firm?
The CEO Lawyer Personal Injury Law Firm offers free consultations for anyone injured in an ATV accident or other personal injury situation.
Please call or contact us through our online form, and we’ll be happy to review the details of your case, answer your questions, and explain your options for seeking compensation. If there is a way to recover damages for your injuries, we’ll find it.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm only a few short years ago, and it quickly became one of the fastest-growing law firms in the country.
When he’s not fighting big insurance companies or standing up for clients in court, Mr. Awad can be found on social media, where he delivers common sense legal advice to more than a million followers.
Call the CEO Lawyer Personal Injury Law Firm today at (470) 323-8779.
