Michigan ATV and Off-Road Vehicle Accidents: When to Call an Attorney

Michigan is a strong state for ATV riding, with more than 4,000 miles of designated ORV trails and routes, plus thousands more miles of state forest roads open to ORVs. The machines are also dangerous, especially for children.

Here is an overview of off-road riding and when to call an ATV accident attorney if you or a loved one is hurt in a crash.

WHAT IS AN ATV?

MCL 324.81101 defines an ATV as a vehicle with three or more wheels designed for off-road use, with low-pressure tires, a seat meant to be straddled, and a 50cc to 1,000cc gasoline engine (or a comparable engine on other fuel). An ATV is a type of ORV.

U.S. manufacturers stopped selling new three-wheel ATVs after a 1988 CPSC consent decree. Four-wheel machines dominate today, but older three-wheelers still turn up.

WHAT ARE THE MICHIGAN LAWS FOR OPERATING AN ATV?

ATVs follow Michigan’s ORV rules. The short version, with the usual caveats:

• An ORV license from the DNR is required on eligible public routes (county roads where allowed, many state forest roads, frozen public waters, some national forest roads). Private property of the owner is the main exception.
• A trail permit is required in addition on designated ORV trails and scramble areas, not on every acre of public land.
• License and trail permit run April 1 through March 31.
• Display the license as DNR requires, usually on a flat metal surface at the rear.
• Operators and passengers generally must wear a DOT-approved helmet and protective eyewear, with limited exceptions.
• Residents need an ORV certificate of title from SOS within 15 days of purchase. That off-road title does not by itself authorize street use. Some machines can be converted and plated for the road if they meet SOS equipment rules.
• Age rules (MCL 324.81129):
  • No one under 16 may operate a three-wheel ATV
  • Under 10: no four-wheel ATV except on private land for farm work
  • Ages 10–11: four-wheel ATV only on land owned by a parent or guardian, under direct visual supervision of an adult, and with an ORV safety certificate
  • Ages 12–15: four-wheel ATV if under visual supervision and carrying an ORV safety certificate

More licensing detail is in our moped, ORV and scooter post.

IS INSURANCE MANDATORY FOR AN ATV?

Usually no. A true ATV/ORV is outside Michigan auto No-Fault. Homeowners or renters coverage may help with theft or damage; it is not a substitute for liability if someone is hurt.

If the machine is converted and registered for on-road use, it needs a Michigan No-Fault policy before SOS will issue a plate. At that point it is treated more like other street vehicles.

WHY ARE ATVS SO DANGEROUS FOR CHILDREN?

Young riders often lack the size, judgment and experience to handle adult machines. CPSC counted 2,448 U.S. off-highway vehicle deaths in 2018–2020 (ATVs, ROVs and UTVs). 288 of those deaths (12 percent) were children under 16; 127 were under 12. ATVs accounted for 1,643 of the deaths.

For injuries, CPSC estimated about 504,400 emergency-department visits from 2018–2022, averaging roughly 101,000 a year. Children under 16 were about 27 percent of those injuries; children under 12 about 13 percent.

The American Academy of Pediatrics still recommends that no one under 16 operate or ride as a passenger on an ATV. AAP also notes that more than 90 percent of deaths and injuries among riders under 16 involve adult-size machines, which can weigh 750 pounds or more and exceed 70 mph.

SAFETY TIPS FOR RIDERS, PASSENGERS AND PARENTS

• Wear a DOT-approved helmet and goggles
• Do not carry a passenger unless the ATV is designed for two
• Do not ride on public roads except where the law allows a crossing
• Do not put a child on an adult-size ATV
• Avoid riding after dark unless the machine is properly lighted and the route allows it
• Never ride impaired
• Children under 6 should not operate or ride as passengers
• Do not carry a child on your lap

WHO MAY BE RESPONSIBLE?

Liability depends on the facts. If someone else’s negligence caused the crash, you may have a claim against that person or an insurer. Examples:

• A parent or caretaker let a child ride an adult-size ATV or ride without a helmet
• A design or manufacturing defect supports a product claim against the maker or seller
• A drunk or reckless ATV rider (or a car driver) hits someone on a road, trail or crossing

Michigan generally gives three years to file a personal-injury lawsuit. Claims against a governmental trail or road owner can have much shorter notice deadlines. Do not wait.

OUR ATV ACCIDENT ATTORNEYS

If you are hurt on an ATV, ORV, moped or motorcycle, we can help. These cases mix vehicle, premises and sometimes product law.

ATV accident law is complicated, but finding the right attorney is simple.

Don’t let the legal clock run out. Fill out the brief form below or contact us for a free, no-obligation consultation.

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