ATV Crashes Due to Underage Drivers

The Maine Department of Inland Fisheries and Wildlife (MDIFW) has laws and regulations about the minimum age of ATV drivers. The MDIFW ATV age requirements are as follows:

• No one under 10 years old can operate an ATV.
• Minors between the ages of 10 and 16 can operate an ATV if they have completed an approved training course and they are also accompanied by an adult.

If an underage person causes an ATV accident, they could cause serious injuries to themselves as well as other people off-roading or on a trail.

Who Is Liable for an Underage ATV Driver?

This depends on what happened during the ATV crash. The minor’s parent/guardian or the landowner may be liable for accidents involving the underage ATV operator. Our recreational vehicle lawyers can discuss this in more detail as part of a free consultation.

ATV Crashes Due to Negligent Drivers

Operating any kind of OHV involves a certain level of risk. There are rarely any posted speed limits or signs while off-roading, so an ATV driver must exercise good judgement at all times. If an ATV or SxS driver is speeding, making sharp turns, or taking any kind of unnecessary risks while at the vehicle’s controls, they endanger themselves as well as any people nearby.

Inexperience and ATV Crashes

Adults on ATVs may be legally old enough to operate the vehicle, but driving a four-wheeler is not the same as driving a car or motorcycle. It can take time to get familiar with ATV controls as well as various concerns related to off-road driving, particularly when negotiating changes in elevation and mountainous terrain. Serious accidents are possible if the new ATV driver and those with the driver are not exercising the right level of caution.

ATV Crashes Due to Drunk Driving

Using drugs or alcohol while operating an ATV impairs good judgment and your decision-making skills. This increases the risk of serious harm to yourself and others. Be responsible for your actions—do not use any kind of controlled substance before or during the operation of an ATV or UTV.

If a drunk or intoxicated ATV operator caused the accident you were in, our attorneys can hold that person accountable for their negligence.

ATV Accidents Caused by Defects and Mechanical Failure

Driver error isn’t the only cause of ATV accidents. ATV manufacturers and designers could also be to blame. In these cases, the ATV company may have released a recreational vehicle with critical design flaws or notable safety hazards. This puts consumers at serious risk of injury.

Our attorneys in Maine can hold ATV companies like Argo, Can-Am, Honda, Polaris, and Yamaha legally liable for vehicle defects and mechanical failure that contributed to your accident. In addition, our lawyers can file a product liability lawsuit against the makers of faulty tires and other ATV parts that may have failed and caused a crash in the process.

Accidents Involving ATV Rentals

Many people rent ATVs for outdoor excursions throughout Maine. This is especially true of tourists who visit our state and want to experience more of the unique terrain we have in the Northeast. Some rental companies may have issues with their fleet of ATVs or UTVs, however, which could lead to serious accidents.

Our attorneys can examine the maintenance records of the ATV or SxS that was involved in the accident. It may be possible to hold the rental company accountable for negligence and endangering customers.

Oversized ATV Accidents

In addition to regular ATVs, accidents may occur involving oversized ATVs. Oversized ATVs are not ROVs or UTVs. An oversized ATV is a huge ATV that can sometimes be the size of a passenger vehicle you’d see on Maine highways.

Per oversized ATV laws by the MDIFW, an oversized ATV is a four-wheeler that is over 2,000 pounds and exceeds 65 inches in width. New oversized ATVs cannot be registered in the state of Maine, though people who registered their oversized ATV before January 2022 can continue to do so. 

Accidents with oversized ATVs can be catastrophic given the sheer size of these vehicles. Our lawyers can discuss how the oversized ATV crash occurred and what options you may have in obtaining compensation.

Contact Our ATV Accident Lawyers in Maine for a Free Consultation

No matter the cause of your ATV or SxS crash, you can rely on the recreational vehicle accident lawyers at Berman & Simmons. We will carefully evaluate your case and let you know if you have a claim that’s worth pursuing. To request a free case review, contact our injury accident lawyers in Maine.

Potential Injuries in an ATV or UTV Crash

Some potential injuries that could be sustained in a four-wheeler crash include:

• Broken Bones – A serious crash can launch a driver from the ATV, which can lead to broken bones as well as dislocation or damage to various joints.
• Burn Injuries – If a gas tank gets ruptured during an accident, there is the potential for a vehicle fire that could cause second-degree or third-degree burns.
• Loss of Limbs – An ATV overturn or rollover can crush the operator. In some cases, injuries are so severe that they necessitate amputation of a broken limb.
• Neck Injuries – Injuries to the neck can lead to limitations on mobility. Accident survivors may also experience numbness or pain throughout the shoulder area.
• Spinal Cord Injuries – In addition to back injuries, spine injuries could lead to permanent disabilities such as partial paralysis, paraplegia, or quadriplegia.
• Traumatic Brain Injury (TBI) – Any kind of head trauma sustained in an ATV accident could cause a concussion or other brain injuries, even with a helmet.

Fatal ATV Accidents

Given the severity of the injuries associated with ATVs, fatal crashes are possible. The grief of losing a loved one in these kinds of accidents can be immense. If you lose a loved one in an ATV or UTV collision in Maine, our attorneys can discuss a potential fatal crash wrongful death lawsuit.

Collecting Compensation for an ATV or UTV Accident

When seeking compensation after an ATV or SxS accident, our lawyers will help ensure that all of the losses and hardships you’ve experienced are accounted for in a settlement offer or the damages we seek in court.

Medical Bills and Physical Rehabilitation

Our attorneys will seek compensation for emergency medical care, life-saving surgical procedures, physical therapy, reconstructive surgery, and occupational therapy after an ATV crash.

Lost Wages and Potential Future Earnings

Our lawyers can ensure you are compensated for extended leave from your job. In addition, we can consider changes in your earning potential or the ability to earn a living after a debilitating catastrophic injury.

Damage to the Vehicle and Personal Property

If your personal ATV or UTV was damaged in a crash, we can note the cost of repairs or replacement. Any other personal property damaged in the collision can also be accounted for when seeking compensation.

Losses Associated with the Death of a Loved One

If you lose a loved one in a fatal ATV or UTV crash, our attorneys can account for funerary expenses, grief counseling, loss of consortium, and other hardships related to bereavement.

How to Help Your ATV Accident Case

Following any kind of four-wheel recreational vehicle accident, our Maine ATV attorneys recommend you hold on to the following materials. Our lawyers can use these to evaluate your case and determine your best options moving forward:

• Take photos or videos of the ATV crash
• If possible, get a police report of the ATV accident
• Get witness testimony of the ATV collision
• Save any calls or correspondence about the ATV accident
• Compile all current medical bills
• Save bills linked to ongoing health expenses
• Save receipts for assistive devices (e.g., crutches, wheelchairs)
• Save any notes or correspondence from doctors
• Save receipts related to damaged or destroyed property
• Note time off from work after the ATV crash

ATV Accident FAQs

Do I need a license to operate an ATV in Maine?

No. Based on MDIFW ATV laws and rules §13152, you typically do not need an operator’s license to drive an ATV. People between the ages of 10 and 16 may be required to complete a training program to operate an ATV under certain circumstances, however.

What if I was partly at fault for the ATV crash?

If you were partially at fault in an ATV or SxS accident, you may still be able to seek damages. Per MRS Title 14 §156, Maine is a comparative negligence state. This means that you can recover damages after an off-road vehicle accident if you are less at fault than the other party involved.

With that in mind, you will not be able to seek damages after an ATV crash if you and the other party are equally at fault for the accident.

What if I was hit by a car or truck while my ATV was on a road?

If you were hit by a vehicle while trying to cross the road on an ATV, you may be able to file a lawsuit against the negligent driver. This depends on the nature of the collision and what happened.

During a free consultation with our auto collision lawyers in Maine, we can review the ATV crash and discuss potential next steps for legal action. Our attorneys have worked on numerous car accident cases and lawsuits against commercial truck drivers.

Do I have legal options if I was injured in a SxS/UTV collision at work?

Potentially, yes. It depends on what occurred during the UTV accident and what parties may have been involved in the collision. During a case evaluation, we can go over what happened with you and let you know if it’s worth pursuing a third-party work injury lawsuit for the SxS accident.