ATV/UTV Accidents: Who Can Be Liable and What Injuries Are Most Common
ATV and UTV accidents can result in spinal cord injuries, broken bones, internal injuries, traumatic brain injuries, and crushing injuries. Depending on how the crash happened, the driver, vehicle owner, property owner, rental company, manufacturer, or another party may be legally responsible. If you were injured in an ATV or UTV crash, our Columbia personal injury attorneys can investigate how the crash occurred and who may be legally responsible.
Who Can Be Liable for an ATV or UTV Accident in Columbia, SC?
Liability depends on what caused the crash and who contributed to it. A claim could involve the ATV or UTV operator, owner, property owner, rental company, manufacturer, or another person or business. For instance, if another rider drives recklessly on a recreational trail and strikes you, that rider may be responsible. If a rented UTV loses its brakes because it was poorly maintained, the rental company could also become part of the investigation.
What Causes ATV and UTV Accidents?
Speeding, impaired driving, inexperienced operation, rollovers, collisions, unsafe terrain, and mechanical problems can all contribute to ATV and UTV crashes. South Carolina’s Department of Public Health identifies rollovers, collisions, and ejections as causes of serious ATV injuries. The cause matters because it can help determine legal responsibility.
What Injuries Are Most Common in ATV and UTV Crashes in Columbia, SC?
These crashes can cause severe injuries because riders have less protection than occupants inside a passenger vehicle. Common injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Neck and back injuries
- Crushing injuries
- Amputations
- Severe cuts and other soft-tissue injuries
Ejections and rollovers can be particularly dangerous. An injured rider may also face permanent impairment, lengthy rehabilitation, or ongoing medical care.
Can an ATV or UTV Driver Be Liable for Injuring Someone?
Yes, if the operator’s negligent or unlawful conduct caused the crash. A rider who speeds through a trail, drives while impaired, fails to operate the vehicle safely, or behaves recklessly may be responsible for resulting injuries. South Carolina law, under S.C. Code § 50-26-40, specifically prohibits operating an ATV while under the influence of alcohol or a controlled substance and prohibits reckless ATV operation on lands open to the public.
Can a Property Owner Be Liable for an ATV or UTV Crash?
A property owner may be responsible when a dangerous condition on the property contributes to an injury and meets the legal requirements for premises liability. This could include an unsafe trail, an unmarked hazard, a dangerous drop-off, or a poorly maintained structure. Ownership alone doesn’t establish liability. The circumstances surrounding the hazard, the owner’s knowledge, and the duty owed to the rider all matter.
Can an ATV or UTV Manufacturer or Rental Company Be Responsible for The Accident?
Yes. A defective ATV or UTV can create a different type of claim. Defective brakes, steering, or other components, or inadequate safety warnings may point toward a manufacturer or another party in the supply chain. A rental company may also face questions about maintenance, inspection, or the condition of the vehicle it provided.
Do South Carolina ATV Rules Matter in an Injury Claim?
South Carolina’s All-Terrain Vehicle Safety Act, known as Chandler’s Law, establishes specific operating and safety requirements. For example, S.C. Code § 50-26-30 requires riders 15 and younger to complete an approved hands-on safety course and wear a helmet and eye protection, subject to the statute’s requirements and exceptions. Violating an ATV safety rule doesn’t automatically determine who’s liable for an injury, but it may become relevant evidence when the circumstances of the crash are evaluated.
When a Recreational Ride Ends With Serious Injuries, Whetstone Perkins & Fulda Can Help
An ATV or UTV crash can leave you dealing with much more than a damaged vehicle. Our personal injury lawyers in Columbia can investigate what happened, identify potentially responsible parties, preserve relevant vehicle or property evidence, and document how the injuries have affected your life. Request your free case review by sending an online message or calling 803-799-9400.
