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

Michigan is a paradise for ATV (All-Terrain Vehicle) riders, with more than 4,000 miles of trails featuring diverse terrain and scenery ranging from dense forests to picturesque coastlines to rocky hilltops. While ATVs have long been popular among outdoor enthusiasts, they can also be dangerous, especially for children.

Here is an overview of off-road riding and why it is important to call an ATV accident attorney if you or a loved one is injured in a crash

WHAT IS AN ATV (ALL-TERRAIN VEHICLE)?

Michigan law defines an ATV (All-Terrain Vehicle) as “a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels.”

Introduced in the mid-1970s, ATVs have continued to grow in popularity among riders of varying ages and skill levels, who enjoy exploring the many state-designated trails and off-road routes throughout Michigan’s upper and lower peninsulas.

Because production of three-wheeled ATVs was banned in 1988 due to safety concerns, most ATVs in use today have four wheels. However, many three-wheeled vehicles are still ridden despite the warnings from various government agencies.

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WHAT ARE THE MICHIGAN LAWS FOR OPERATING AN ATV?

Because ATVs are a type of Off-Road Vehicle (ORV), owners and operators must follow the same laws that apply to ORVs.

• All ORVs must be licensed by the Michigan Department of Natural Resources (DNR) to be used anywhere other than the owner’s private property
• A trail permit from the Michigan Department of Natural Resources (DNR) is required to operate the vehicle on public lands and state-designated trails and routes
• Licenses and permits are valid from April 1 through March 31 of the following year, regardless of the date of purchase
• License must be attached and visibly displayed on a flat metal surface such as a bumper or plate permanently attached to the rear of the vehicle
• With a few limited exceptions, all ORV operators and passengers must wear a U.S. Department of Transportation (DOT)-approved helmet and protective eyewear
• ORV and ATV owners must obtain an “off-road” title from the Michigan Secretary of State, which prohibits operating these vehicles on public streets and roads
• ATV riders under 16 must complete an approved ORV safety education course and carry a valid Michigan ORV safety certificate with them at all times while riding on public property
• No one under the age of 16 may operate any three-wheeled ATV
• Children 10 and 11 years old may not operate a four-wheeled ATV unless:
  • The child is under the direct visual supervision of an adult
  • The vehicle is ridden on private property owned by the child’s parent or guardian
  • The operator has a valid ORV safety certificate

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IS IT MANDATORY TO HAVE INSURANCE FOR AN ATV?

Unlike automobiles and motorcycles, liability insurance is not required for ATVs, ORVs, electric bikes and scooters. Nevertheless, it is a good idea to insure these vehicles under a homeowners or renters policy in case of theft or damage.

In addition, if an ATV has been retrofitted for on-road use, the vehicle has to be covered by a Michigan No-Fault policy before a registration and license plate can be issued.

Recommended reading: Why Michigan Car Accident Victims Need Unlimited Personal Injury Protection (PIP) Benefits

WHY ARE ATVS SO DANGEROUS FOR CHILDREN?

ATVs are particularly dangerous for children and teens under 16. Many young people lack the experience and ability required to operate an ATV safely, especially the larger, heavier adult models. In fact, out of the 2,211 ORV-related fatalities from 2016 - 2018, more than 10 percent (298) of the victims were under 16, according to data from the U.S. Consumer Product Safety Commission.

In addition, of the 526,000 people who received emergency room treatment for injuries resulting from ORV accidents, approximately one-third (140,000) were under 16, while half (69,300) of these victims were younger than 12 years old.

More than 90 percent of injuries and fatalities among those under 16 resulted from children riding on ATVs designed for adults. Because typical adult-size ATVs may weigh over 750 pounds and reach speeds up to 70 mph, smaller riders can easily lose control and be seriously hurt or killed in a crash or rollover.

Because of the high rate of accidents involving younger riders and passengers, the American Academy of Pediatrics (AAP) recommends children under 16 should not be allowed to operate or ride ATVs under any circumstances.

Recommended reading: Licensing Rules And Other Michigan Laws For Electric Motorbikes, Mopeds and Scooters: A Comprehensive Guide

SAFETY TIPS FOR ATV RIDERS, PASSENGERS AND PARENTS

These tips will help outdoor adventurers of all ages have safer, more enjoyable rides:

• Wear a Department of Transportation (DOT)-approved helmet at all times
• Wear goggles and other protective gear
• Do not carry passengers or ride as a passenger unless the vehicle is designed for more than one person
• Do not operate an ATV on public roads except to cross (where permitted by law)
• Do not allow a child or teen to operate an adult-size ATV
• Do not ride after dusk or before dawn
• Never operate an ATV under the influence of alcohol or drugs
• Do not allow children under six years old to operate an ATV or ride as passengers
• Do not carry a child on your lap while operating an ATV

WHO IS RESPONSIBLE FOR AN ATV ACCIDENT?

Determining liability for an ATV accident can be challenging, depending on the circumstances. If the crash was caused by someone else’s negligence, it may be possible to recover damages from the at-fault party or their insurance company by filing a lawsuit.

Here are some examples:

• A child is injured because another parent or designated caretaker failed to provide adequate supervision
  • This would include a person who allowed a child to operate or ride on an adult-sized vehicle or failed to provide the child with a helmet.
• An ATV crash was caused by a defect in the design or manufacturing process
  • The victim or their representative may be able to file a defective product lawsuit against the manufacturer or distributor of the vehicle.
• A drunk or careless driver or ATV operator causes an accident where someone else is injured
  • An ATV operator who drives on a public road due to intoxication or recklessness could cause an accident involving an automobile, motorcycle, bicycle or pedestrian.

Because these cases are complex, hiring a qualified ATV accident attorney is the best way to receive the best financial outcome.

OUR EXPERIENCED ATV ACCIDENT ATTORNEYS WILL WIN THE COMPENSATION YOU DESERVE

If you are injured in an accident involving any type of vehicle, we can help. Our knowledgeable lawyers are well-versed in laws regarding mopeds, motorcycles and other two- and three-wheeled vehicles. We know what it takes to win your case, and we are ready to fight for the compensation you deserve.

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

Start your case today by completing the brief form below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

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