What Is An ATV Accident In Virginia?

Key Highlights:

• Do you know what is an ATV accident in Virginia? An ATV accident refers to any collision or incident involving an all-terrain vehicle that causes injury or death. 
• One of the factors that causes ATVs to roll over is a high center of gravity and rider ejection. 

• In Virginia, there are restrictions on who can ride them, on helmet usage, and on ATVs not being used on public roads.

• Sometimes it is not just the rider who is liable; other liable parties can include another driver, landowner, or even the manufacturer.

• Virginia has a strict 1% contributory negligence rule and a two-year statute of limitations.

An all-terrain vehicle (ATV) accident occurs when an ATV collides with another vehicle or object; during this collision, a driver, passenger, or bystander is injured or killed. In case you’re asking what is an ATV accident in Virginia, you will find such accidents happening in the Commonwealth’s mountains, farm country, and on trails. 

ATVs are everywhere, and so are dangerous accidents. Given how Virginia holds people liable for their actions and bars them from recovery even if they are 1% at fault, it will be your actions after the accident that may determine whether you get paid at all. Tatum & Atkinson Law Firm will be a valuable resource when it comes to getting the total and fair compensation you are entitled to for your injuries from an ATV accident Virginia. 

If you have sustained an injury in such an accident, contact our expert personal injury lawyers in Virginia today at (800) 529-0804.

What Is an ATV Accident in Virginia?

According to Virginia Code § 46.2-100, an all-terrain vehicle (ATV) is a motorized vehicle that has three or more wheels and is built to operate in an off-highway environment; this does not include go-karts or riding mowers. As such, an ATV accident is defined as an accident in which an ATV is involved and results in injury, death, or property damage. 

Where and How These Crashes Happen

ATV accidents occur on trails, farm fields, privately owned lands, and at road crossings. Some of them involve rolling over or colliding with a tree, fence, or ditch. Others involve another ATV or an automobile that hits a driver close to the road.

Common Causes of ATV Accidents in Virginia

There are many reasons behind ATV accidents in Virginia. You need to be aware of the causes to understand the process of the accident:

Rollovers and Loss of Control

The ATVs are high off the ground and narrow, making it easy to tip over from a sudden turn, a difficult slope, or high speeds. Rollovers trap the rider under the vehicle or slam them into nearby obstacles, resulting in a severe ATV rollover injury.

Rider Inexperience and Youth

A lot of accidents occur because the rider has no idea how to handle the machine. The younger riders are more vulnerable, which is why Virginia imposes restrictions on both the age of the riders and the engine sizes that are legal.

Hazardous Terrain and Conditions

Gravel, muddy, wet, and other difficult terrain, as well as obstacles like fallen trees, can cause dangerous off-road vehicle accident Virginia. Terrain that would not be difficult for an experienced rider becomes so for an inexperienced one.

Carrying Passengers

Most ATVs are made for only one person. Adding a second rider shifts the center of gravity of the vehicle, putting him or her in danger.

Impairment and Mechanical Failure

Drinking alcohol or using drugs while riding leads to delayed reactions and poor judgment. ATV accidents can also be brought about by mechanical malfunctions such as poor brake systems, blown-out tires, and poor steering mechanisms.

Virginia’s ATV Laws and Why They Matter to a Claim

ATV operation is strictly governed by the Virginia Code § 46.2-915.1, and the laws affect safety as well as liability in the event of an accident.

Who Can Legally Ride

The Virginia Code § 46.2-915.1 prohibits any person younger than 16 years from driving an ATV, except that children aged 12 to 16 may drive an ATV with an engine size up to 90cc, and younger children only up to 70cc. All riders must wear a motorcycle helmet; a passenger may be carried only if the ATV is designed to do so; permission in writing from the landowner is required to drive on the land of others.

ATVs and Public Roads

In Virginia, ATVs are prohibited from public roads unless they are used to cross directly through them or if a local ordinance provides otherwise. Tazewell County, where we have our office at Cedar Bluff, and nearby Buchanan County are two exceptions to this general rule, with restrictions based on posted signs, travel during daylight hours, and a speed limit of 25 mph.

How Rule Violations Affect Fault

Here is where Virginia’s tough fault rule makes itself relevant. The defense will focus on any rule violations committed by the ATV rider, such as riding without a helmet, being below the legal age to operate an ATV, and using roads illegally, to prove that the rider was at fault. This is because even 1% of fault will bar any Virginia ATV injury claim.

Injuries ATV Accidents Cause

The U.S. Consumer Product Safety Commission (CPSC) reports that ATVs result in tens of thousands of emergency room injuries every year, and a large percentage of those seriously injured are children under the age of sixteen. 

Traumatic Brain Injuries

Helmets reduce the risk of brain injury due to rollover and ejection but do not eliminate it. A blow to your head can still result in TBI (traumatic brain injury) that may affect your memory, mood, and level of thinking for a very long time.

Spinal Cord and Back Injuries

In the case of a rollover crash, the force of impact can crush or rupture the spinal cord, causing permanent paralysis, or the impact could rupture or crush discs and vertebrae in the spine, causing chronic pain. 

Fractures and Crush Injuries

When a rider is thrown or pinned against something by a machine, they will experience fractures of their arms, legs, ribs, or collarbones. If a machine falls on any body part, it may crush it or create an open fracture that will require surgical repair. 

Internal and Fatal Injuries

When a person who uses an ATV experiences a blunt force, it can lead to serious injuries to the liver, spleen, or lungs, all of which can be life-threatening if not immediately treated. Unfortunately, some too many people die from ATV accidents, and children are, by far, the highest demographic, being the most at risk for serious injury or death in an ATV accident. 

Who Can Be Held Responsible

ATV accidents can have claims brought against various people who can be considered negligent in relation to the causation of the accident. It is essential to establish the people who the law would consider liable in relation to how ATV accident claims can be filed:

Another Operator or Driver

An individual who endangers the safety of another ATV or a person operating a motor vehicle on the roadway may be liable for any injury caused by this reckless or careless action. 

A Property Owner

A landowner who created a concealed hazard or neglected a known hazard may have liability. However, Virginia limits liability for free riders, so whether this will be appropriate depends on the facts. 

The ATV Manufacturer

Some accidents are traced back to defects in the product, such as rolling over, defective brakes, or missing warnings. Product liability claims in Virginia are based on negligence and warranty theories (not on strict liability), so this is a different type of case that will require engineering evidence to support them. 

An Adult Who Supplied or Supervised

An adult may be held liable for any injury caused by that adult to a child placed on an unsafe or unreasonable ATV. 

Compensation and Insurance in an ATV Claim

When you file a claim, you could be entitled to get reimbursement for current and future medical expenses, lost wages and earning potential, pain and suffering, and permanent disfigurement or disability. If you have lost a loved one, you can file a wrongful death claim. Virginia also allows for punitive damages for particularly egregious conduct, such as drunk driving. Punitive damages are capped at $350,000. 

The Insurance Picture

Typically, ATVs are insured differently from cars. Coverage can come from a homeowner’s insurance policy, from a separate ATV insurance policy, or from the at-fault party’s insurance policy. Gaps are common, so it will be important to find other sources of compensation that may be available. 

Virginia’s 1% Rule and the Two-Year Deadline

Virginia uses pure contributory negligence, so that if you are found to be even 1% at fault in causing your injuries, you will be prevented from recovering any money. If you are seeking to recover damages from the at-fault party, your injury claim must be filed within two years under Virginia Code § 8.01-243. Wrongful death claims must also be filed within two years of the date of the death of the victim. 

Evidence and How an Attorney Investigates

In a lawsuit for an ATV accident, you have to prove the presence of physical evidence. It is your responsibility to make sure that the vehicle is kept safe and ready for inspection, in addition to photographs of the site of the accident, helmet, medical documents, witness accounts, servicing record, and recalls.

By gathering all these elements, you will be able to re-enact the accident and identify who the responsible parties are. The ATV itself, in our experience, is the one single piece of evidence that is crucial to the case.

Injured in a Tazewell County ATV Accident? Talk With Tatum & Atkinson

If you have suffered painful injuries from a serious ATV accident, and now you are dealing with the added pressure of the other party’s attempts to shift blame for the accident onto you. You do not have to deal with this alone. You can find out where you stand without incurring any cost. 

At Tatum & Atkinson, our ATV accident lawyer Virginia has been working with injured ATV victims since 2006, helping them understand what is an ATV accident in Virginia and pursue full and fair compensation. Our Virginia cases are handled by Virginia lawyer Jon Ward from our Cedar Bluff office located at 328 Tatum Road in Tazewell County and Southwest Virginia. We know all about Virginia’s 1% rule, and our lawyers move quickly to seize the evidence before it gets destroyed. 

Call us at (800) 529-0804 for a free consultation. We work under contingency fees, which means that we get paid only when we win your case, and in light of the statute of limitations of two years, time is really important.

Frequently Asked Questions!

Can I recover if the ATV crash happened on private property?

Often, yes. The claim can arise from someone else’s negligence, dangerous condition, or defective equipment, no matter where the accident took place. It is good to remember that Virginia limits the liability of the landowner to those riders who were riding for free.

What if I wasn’t wearing a helmet or broke an ATV rule?

It could harm your claim. Under Virginia’s 1% rule, the opposing party will use any such violation to increase your share of fault. It would not necessarily result in your case being terminated, but precisely because of that, it makes sense not to speak to the insurance company beforehand.

How long do I have to file an ATV injury claim in Virginia?

You have two years from the date of the injury for a personal injury claim and two years for a wrongful death claim. As evidence disappears fast, it’s important to file your claim immediately after the accident. 

What does it cost to hire a lawyer for an ATV case?

There is no retainer fee; all consultations are free, and you will only owe the attorney if you receive money from the claim. Any costs related to inspecting the ATV and any expert witness fees will be paid for upfront by the attorney representing you. 

Will my ATV case go to trial?

The vast majority of claims are settled through insurance companies, while on the other hand, ATV accidents may depend upon establishing whether there was evidence of defectiveness or negligence; if so, then an insurer may not want to compensate until forced by trial.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.