All-terrain vehicles, commonly known as ATVs, have exploded in popularity over recent decades as recreational machines that allow riding on rugged, off-road terrain. However, the thrills of ATV riding come with serious risks.
These powerful vehicles can lead to catastrophic accidents when proper precautions are not taken. This guide provides an in-depth look at ATV accident statistics, risks, liability issues, and, most importantly, preventative safety measures to promote safe and responsible ATV riding.
ATVs allow for exploring beautiful natural scenery not accessible by traditional vehicles. However, they require specific skills and training to operate safely. We must educate ourselves and make safety the top priority whenever riding ATVs.
But if you were injured because of someone else's negligence while riding in an ATV or any recreational vehicle in New York, don't hesitate to reach out to our experienced personal injury attorneys for a free consultation, to know more about your legal options for recovery.
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The most common ATV hazards
- Unstable or uneven terrain: ATVs are designed for off-road use, but ruts, ditches, steep slopes, and paved roads greatly increase the risk of loss of control and rollover. Riding on paved or public roads is specifically discouraged because ATVs handle poorly on hard, crowned surfaces and are more likely to be struck by other vehicles.
- Excessive speed: Federal data show most fatal ATV roadway crashes are single-vehicle events, with loss of control at speed a common mechanism. National safety organizations warn against riding at speeds too fast for existing conditions or potential hazards.
- Rollover and crush risk: ATVs have a relatively high center of gravity and a narrow track, so lateral or backward rollovers can occur during sharp turns, hill climbs, or when striking obstacles. Rollover events are a major source of spinal fractures and crush injuries.
- Alcohol and drug use: In several large series of fatal ATV crashes, alcohol or drugs were present in roughly 40-80% of cases with known toxicology. Substance use is associated with more severe injuries, worse outcomes, and a lower likelihood of helmet use.
- Passengers and overloading: National and state safety guidance consistently advises against carrying passengers on single-rider ATVs, because added weight alters balance and steering and increases rollover risk. Riding with more passengers than seats is treated as unsafe or unlawful operation in multiple jurisdictions.
- Lack of helmet and protective gear: Helmet use in fatal ATV crashes is low, often under 15% in roadway fatalities, while head injuries are among the leading serious injuries. Studies show helmets substantially reduce the risk of death and traumatic brain injury by roughly 40-60%.
ATV Accident Statistics and Trends
According to the U.S. Consumer Product Safety Commission, over 100,000 ATV accident-related ER visits occurred in 2020. Males face the highest ATV accident rate by far, accounting for nearly 86% of ATV-related deaths. This suggests that inexperience plays a major role. Children under 16 also have significantly higher hospitalization and death rates. Male riders are involved in 3 out of 4 accidents, indicating gender is a definite risk factor as well.
Encouragingly, recent years saw a slight decline in accidents due to improving designs and safety features. However, any ATV accident can still quickly turn serious or fatal without proper precautions.
What are the Risks When Riding ATVs?
While thrilling, ATV riding involves navigating rough, natural terrain at relatively high speeds. Various factors can lead to vehicular accidents, from simple errors to equipment failures.
Riding ATVs involves navigating rough, uneven terrain at relatively high speeds. It's easy for even experienced riders to encounter situations that lead to an accident. Here are some of the most common risk factors:
Difficult terrain - Attempting to ride over excessively steep hills, large rocks, deep ruts, or obstacles beyond one's skill level often results in crashes.
Excess speed - Higher speeds reduce the reaction times available to properly maneuver out of dangerous situations. Fast speeds also increase crash severity.
Unexpected obstacles - Even skilled riders can suddenly come upon fallen trees/branches, animals, washouts from storms, and other obstacles blocking the trail.
Mechanical failures - Equipment issues like flat tires, broken chains, stuck accelerators, or dead batteries can all lead to loss of control and crashes without warning.
Insufficient training - Lack of proper hands-on training for operating an ATV safely significantly increases accident risk, especially for younger/newer riders.
Not wearing safety gear - Without helmets, boots, gloves, and protective clothing, the physical impacts from ATV crashes commonly cause spinal cord injuries, brain trauma, broken bones, and crushing internal organ damage. Safety gear dramatically reduces injury severity.
The terrain and speeds involved make ATV riding inherently risky. But the majority of accidents can be prevented through education, responsible riding practices, and taking key precautions.
Pre-ride safety checklist
Rider and passenger gear
Confirm that every rider has a properly fitted, DOT-compliant helmet, eye protection, gloves, long sleeves, long pants, and sturdy over-the-ankle boots. For youth riders, ensure the helmet and gear are age-appropriate and that children are not placed on adult-sized ATVs.
ATV inspection and equipment
Perform a pre-ride inspection: check tire pressure, brakes, throttle, lights, fuel and oil levels, and look for loose parts, worn lines, or damaged cables. Verify required safety equipment (such as working lights and a compliant muffler) and that any added load is within manufacturer limits and properly secured.
Route, terrain, and weather
Plan a route that avoids paved or public roads except where crossing is expressly permitted, and assess terrain for slopes, water crossings, and obstacles that could cause loss of control. Check weather forecasts, visibility, and daylight; many safety recommendations discourage ATV use at night and in poor visibility conditions.
Rider experience, training, and fitness
Confirm that the driver's skill and experience match the terrain and ATV size; several sources encourage formal, hands-on ATV safety training. Make sure the operator is sober, alert, and physically able to control the vehicle; riding while fatigued or under the influence of alcohol or drugs is a major, preventable risk factor.
Common ATV injuries and causes
Head and brain injuries
Head and facial trauma are among the most frequent serious injuries in ATV crashes, particularly in hospitalized and pediatric populations. These include skull fractures and traumatic brain injuries, which are strongly associated with lack of helmet use. Helmet use has been shown to reduce the risk of death and head injury in ATV crashes by roughly 40-60% in some studies, highlighting the causal role of unhelmeted riding in severe outcomes.
Extremity and spinal injuries
Extremity injuries (fractures and dislocations of the arms and legs) account for a large share of ATV-related trauma, often 40% or more of injuries, and are a common reason for surgery and hospitalization. Rollover and high-energy impacts contribute to vertebral fractures and spinal cord injuries, with thoracic and thoracolumbar regions frequently affected and a subset of patients sustaining spinal cord contusions or neurologic deficits.
Thoracic, abdominal, and internal injuries
Chest injuries (including rib fractures and lung contusions) and abdominal or pelvic trauma occur less often than head or extremity injuries but carry high morbidity when present. These injuries typically result from crush mechanisms (such as being pinned under the ATV), high-speed collisions with fixed objects, or ejection followed by impact with the ground.
New York ATV Laws
New York regulates ATVs through Article 48-C of the Vehicle and Traffic Law and related DMV rules. Understanding these requirements is essential for all ATV riders in the State.
Definition and registration requirements
New York's Vehicle and Traffic Law defines "all terrain vehicle" (ATV) as a motor-driven off-highway vehicle of limited weight and width designed for recreational use on various terrains. ATVs must be registered if they are operated anywhere in New York, including on the owner's own property, unless a statutory exemption applies (exclusive out-of-state use, qualifying agricultural use, snow plowing not for hire, or certain special events). Dealers must register ATVs they sell to New York residents before the purchaser takes delivery, and the owner must maintain valid registration and display the plate on the rear.
Mandatory helmet use
Under Vehicle and Traffic Law § 2406, no person may operate an ATV or ride as a passenger on an ATV unless wearing a protective helmet of a type approved by the commissioner pursuant to § 381(6) (a USDOT-approved helmet). This requirement applies to all operators and passengers, regardless of age.
Where you can ride
Section 2403 states that no person shall operate an ATV on a highway except in specific situations, such as designated and posted highway segments or direct crossings made at approximately 90 degrees after coming to a complete stop and when it is safe to do so. State and local authorities may designate certain highways or public lands as open to ATV travel when needed to reach trails, but in general ATVs are for off-highway use, and many public roadways remain closed to ATV operation.
Required equipment
An ATV must have effective brakes, a muffler, and a lighted white headlight and red taillight when operated from one-half hour after sunset to one-half hour before sunrise.
Operating rules: speed, care, and alcohol
Article 48-C prohibits operating an ATV "at a rate of speed greater than is reasonable and prudent under the conditions" and bans careless, reckless, or negligent operation that unreasonably endangers persons or property. The same provisions bar operating an ATV while intoxicated or under the influence of drugs on public lands or private property of another and recognize that ATVs are treated as "motor vehicles" for purposes of certain titles, subjecting operators to broader DWI and traffic-safety rules.
Local ordinances and stricter rules
New York law expressly allows counties, cities, towns, and villages to adopt local laws or ordinances that impose stricter restrictions and conditions on ATV operation so long as they are consistent with their authority to protect health, safety, and general welfare. As a result, riders must comply with both statewide ATV rules and any applicable local ordinances regarding where ATVs may be ridden, hours of operation, noise, and related safety conditions.
Local governments may designate appropriate public lands and properties under their jurisdiction as open for ATV travel and impose restrictions such as limiting travel to designated trails and setting hours of use. Some counties and towns create official ATV trail systems and designate specific road segments as legal connectors. Local ordinances commonly address noise (muffler requirements, maximum sound levels), prohibit operation during nighttime or late-night hours, and bar ATV use in a manner that causes dust, mud, or noise that unreasonably disturbs neighboring properties.
New York City restrictions
The New York City Administrative Code provides that no person may operate an all-terrain vehicle, including dirt bikes, in the city, with a narrow exception for certain non-street private property. Violations carry civil penalties (for example, a $500 civil penalty for a first offense and $1,000 for subsequent offenses), and ATVs and similar vehicles operated illegally on city streets are subject to seizure and other enforcement actions.
State land and public property
The New York State Department of Environmental Conservation explains that you may ride an ATV on public property only where expressly permitted, and that off-road travel of motor vehicles is generally not allowed on state lands or state truck trails. Only limited areas of public property allow ATV use, so riders must confirm whether specific state forests, wildlife areas, or other public lands are open to ATVs before riding.
Because local ordinances differ by municipality, riders should consult the local code (city, town, or village website or code library) and posted signs and maps for any trail system or public land in that county. In addition to statewide registration, helmet, and roadway rules, local governments frequently add tighter restrictions on where, when, and how ATVs can be ridden, and violations can result in fines, confiscation, or both.
When you may have a legal claim after an ATV accident
Negligent ATV operation by another person
Under general negligence principles, a person who fails to use reasonable care (for example, operating an ATV at excessive speed, while intoxicated, or with prohibited passengers) and causes injury may be liable for resulting damages. In New York premises and personal injury cases, an injured party typically must show duty, breach, causation, and damages; comparative negligence rules may reduce recovery if the injured rider also acted unreasonably.
Defective or unreasonably dangerous ATV or component
Product liability doctrine allows injured consumers to bring claims where a product is defective in manufacture, design, or warning and that defect makes the product unreasonably dangerous. A plaintiff may proceed under strict products liability, negligence, or breach of warranty theories, but must connect the defect to the accident and resulting injuries.
Unsafe property or riding conditions
Premises liability law generally imposes a duty on property owners or occupiers to keep their property reasonably safe for lawful visitors and to address hazardous conditions they know about or should know about. An ATV injury on private, commercial, or recreational property can lead to a claim if an uncorrected or inadequately warned-about hazard on the premises (such as hidden obstacles, unsafe trail maintenance, or improperly controlled mixed vehicle traffic) foreseeably contributes to the crash and resulting harm.
What Can You Do to Prevent ATV Accidents?
While ATV riding comes with inherent risks, the majority of accidents can be prevented through education, responsible riding practices, and key safety precautions. Here are the most essential tips:
Proper Training
Hands-on safety courses are absolutely vital, especially for new riders, to properly develop fundamental ATV handling abilities for different types of terrain.
Even experienced riders should regularly refresh their skills. Overconfidence leads to accidents. Classes teach vital recovery techniques for dangerous situations too.
Specifically, seek out training on riding with passengers and cargo loads, which alter vehicle handling compared to riding solo.
Wear Complete Protective Gear
Helmets are essential; head injuries is the most common severe-to-fatal ATV crash outcome. Select Department of Transportation-certified models. Replace any helmet with cracks immediately.
Invest in motocross-style knee/shin guards, padded/reinforced jackets, full-finger gloves, and over-the-ankle boots to guard against traumatic limb and spinal injuries from physical impact with terrain. Replace worn-out items.
Ride Within Individual Skill Levels
Attempting excessively steep hills, deep ruts, or other advanced obstacles without appropriate technique dramatically increases accident risks. Know your limitations.
Sudden swerves, sharp turns, and abrupt acceleration/braking also frequently lead to crashes. Practice smooth, controlled inputs.
Operate at reasonable speeds, allowing sufficient reaction time. Higher velocity means greater impact forces in a crash as well. Prioritize control over adrenaline thrills.
Perform Thorough Pre-Ride Equipment Checks
Inspect tires, controls, chain tension, lights, oil levels, brake systems, and fuel supply for issues before every ride. Catch problems ahead of time before they strand you mid-ride or cause an accident.
Ensure you have tools/supplies for basic repairs on longer rides. Cell phones can be unreliable in remote areas.
Place safety first every time for responsible ATV enjoyment for years to come. Don't become a preventable casualty by ignoring fundamental precautions.
FAQs about ATV Accidents in New York
Do I have to wear a helmet on an ATV?
New York's DMV states that both ATV operators and passengers must wear a USDOT-approved helmet when riding, and also recommends additional protective gear.
Can I carry a passenger on my ATV?
New York prohibits riding with a passenger unless the ATV is specifically designed to carry one, and national safety guidelines similarly warn against extra passengers on single-rider machines.
Is it legal to ride an ATV on the road?
ATVs are intended for off-highway use; in New York, they generally may not be operated on highways except on segments specifically designated and posted for ATV use or to cross where permitted.
How common are serious ATV injuries?
Federal data estimate tens of thousands of ATV-related emergency department visits annually, with thousands of deaths over recent decades and especially high rates among children and adolescents.
Injured in an ATV accident in New York?
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Have You Been in an ATV Accident?
ATV accidents are more common than you think and can happen at any time. Whether you're a witness, the victim, or a family member of the victim, you should know the next steps you need to pursue to protect the rights of the injured.
Contact an experienced personal injury attorney to understand your legal rights and liability claim options against potentially negligent parties. Get in touch with the Porter Law Group's ATV accident lawyers. Email us at info@porterlawteam.com or call toll-free 833-PORTER9. We work on a contingency fee basis, so there are no fees unless we win your case. Initial consultations are free, no-obligation, and strictly confidential.
