Who Is Liable in an ATV Accident or UTV Accident Personal Injury Claim in Missouri?

EC Duckworth Is an Experienced ATV Accident Lawyer in Mid-Missouri. Call for Personal Injury Claim Assistance

All-terrain vehicles (“ATVs”) and utility terrain vehicles (“UTVs”) are popular for both work and recreational purposes across mid-Missouri. While the terms are often used interchangeably, ATVs typically refer to vehicles such as 4-wheelers, while UTVs typically refer to “side-by-side” (multi-passenger) vehicles like the Polaris Ranger, Polaris RZR, or John Deere Gator. Whether you’re using your ATV to manage your farmland in Boonville, Cooper County, MO, or using your UTV to go “mudding” in Columbia, Boone County, MO, ATVs and UTVs are simply a part of life in rural mid-Missouri. However, the dangers of ATVs and UTVs should not go without notice. If you’ve been injured in an ATV or UTV accident in Missouri, learn who is responsible for your damages, under what theories the defendant(s) can be held responsible, and from where your damages can be satisfied. 

ATV accidents & UTV crashes are more common than you may suspect. If you’ve been injured in a recreational vehicle accident, call Duckworth Injury Law for claim assistance in mid-Missouri

According to the United States Consumer Product Safety Commission’s 2024 Report, there were 2,577 deaths in the United States associated with ATV and UTV accidents during the 3-year period from 2019-2021.  Of these fatalities, 81% were men and 19% were women. In addition to these fatality numbers, there were an estimated 509,900 emergency department visits related to ATV and UTV incidents from 2019 – 2023 (approximately 102,000 per year). The most common injuries associated with these emergency room visits were fractures (29%), contusions/abrasions (18%), and internal organ injuries (15%). With regards to the specific body parts injured, the most common were head and neck (34%), followed by arms (25%), torso (19%), and finally legs (19%). The most common injury mechanism associated with both fatal and non-fatal UTV and ATV accidents was rollover accidents and collisions resulting in the driver or occupant being ejected.

Missouri ranks NEAR THE TOP amongst other states for UTV & ATV deaths. Take action for a UTV or ATV accident with our compassionate wrongful death attorney, EC Duckworth 

With regard to Missouri in particular, the Consumer Federation of American ranked Missouri top five in the nation for number of UTV deaths in  2022, 2023, and 2024 and top ten in the nation for number of ATV deaths across that same timeframe. The Consumer Federation of America further found that the most common timeframe for UTV and ATV crashes is during the warmer summer months, with crashes increasing in April and peaking in July.

Before you or your children operate an ATV or UTV, learn the laws for operating safely on & off Missouri roadways

In Missouri, a UTV is defined as “any motorized vehicle manufactured and used exclusively for off-highway use, which is more than 50 inches, but no more than 80 inches in width, with an unladen dry weight of 3,500 pounds or less, traveling on four or six wheels, to be used primarily for landscaping, lawn care, or maintenance purposes.”

A UTV can be operated on a public highway if owned and operated by a governmental entity for official use, and for agricultural purposes or industrial on-premises purposes between sunrise and sunset (or at night with proper lighting equipment). A UTV may also be operated within three miles of the operator’s primary residence. 

To operate a UTV on a public highway, the operator must have a valid driver’s license and follow the rules of the road. A UTV cannot be driven at speeds greater than 45 MPH. 

With regard to ATVs, Missouri defines an ATV as “any motorized vehicle manufactured and used exclusively for off-highway use, with an unladen dry weight of 1,500 pounds or less, traveling on three, four, or more nonhighway tires, with either a seat designed to be straddled by the operator and handlebars for steering, or a width of 50 inches or less measured from the outside of the tire rim to the outside of the tire rim, regardless of seating or steering arrangement.”

An ATV can be operated on a public highway if it is for official governmental use, for agricultural purposes or industrial on-premises purposes, or if a city/county has issued a special permit or law allowing such use. ATV operators driving on public highways must also have a valid driver’s license and follow the rules of the road. Helmets are required for ATV operators under 18 years old. 

Understanding personal injury liability for ATV & UTV accidents in Missouri

With the frequency of ATV and UTV accidents across Missouri well documented, it’s no surprise that there is an ever-growing area of ATV and UTV personal injury litigation as well. Depending on the particular facts and circumstances surrounding an ATV or UTV accident, an ATV or UTV personal injury claim may be brought against numerous defendants under a number of different legal theories. Common defendants in an ATV accident or UTV accident personal injury claim include:

• The driver/operator of the ATV or UTV
• The owner of the ATV or UTV
• A third-party vehicle operator who collides with an ATV or UTV
• The landowner where the ATV or UTV accident occurred
• The seller or manufacturer or the ATV or UTV
• Other parties on a case-by-case basis.

Some of the most prevalent legal theories for pursuing an ATV or UTV personal injury claim include the following.

General negligence may be applied to a UTV or ATV accident in Missouri

Similar to a standard auto case, a negligence claim may be brought against the negligent driver of the ATV or UTV who causes injury to his passenger(s) or to a bystander. If the driver or occupant of an ATV or UTV is injured due to the negligence of a third-party motor vehicle driver (e.g., a car fails to yield to an oncoming UTV, causing a collision), a negligence claim may be brought against the third-party driver. 

Negligent entrustment & negligent supervision may also apply to ATV & UTV accidents where a child or impaIred person is involved in a crash

In Missouri a negligent entrustment claim may be made against the owner of property (such as an ATV or UTV owner), whereby the owner of the property knew the entrustee (person using the property) was incompetent due to that person’s age, experience, or habitual recklessness and the entrustee subsequently injures someone by using the property. With regard to ATV and UTV accidents, negligent entrustment claims are often made against the owner of an ATV or UTV who permits someone else to use their vehicle and that person subsequently injures another person. For example, a negligent entrustment claim could likely be made where an UTV owner permits their 9-year nephew to borrow their UTV, and the nephew subsequently runs into and injures another person. 

Similarly, a negligent supervision claim can be used to hold a parent responsible for the negligent acts/omissions of their minor child. 

If the ATV or UTV ACCIDENT WAS THE RESULT OF a mechanical FAILURE or DEFICIENT SAFETY feature, you may be able to PURSUE a product liability claim against the manufacturer 

In certain situations, the manufacturer or seller of the ATV or UTV may also be liable for an injured victim’s damages under Missouri’s product liability law. Specifically, Missouri permits product liability claims under theories of strict liability and negligence. Under a strict liability product liability claim, the manufacturer or seller may be liable if either the product was defective OR if the product was unreasonably dangerous without an adequate warning. Under a negligence product liability claim, the manufacturer or seller may be liable if they failed to use ordinary care in the manufacturing, designing, or warning of the product at issue.

Product liability claims are often brought in ATV and UTV accidents when a safety feature of the vehicle fails during a collision, when the vehicle fails to operate as intended (leading to a collision), and when the operator of a vehicle is unaware of a danger associated with using the vehicle (leading to injury).

Recovering compensable damages after an ATV or UTV Accident in Missouri

Once the proper defendants and causes of action are identified in an ATV or UTV accident personal injury case, attention must also be paid to where the money will come from to satisfy an injured victim’s damages. In Missouri, damages following an ATV or UTV accident typically include past/future medical bills, lost wages, pain and suffering, loss of enjoyment of life, and disfigurement. As ATV and UTV accidents often result in serious injuries, these damages can be significant. 

As such, often the greatest challenge of an ATV or UTV accident case is determining who must pay when a defendant is found liable. In other words, while a defendant will be personally liable for the harms they cause, an insurance company may also be required to indemnify and/or pay those damages on behalf of a defendant. Unlike traditional car accident claims, though, ATV or UTV operators do not have a specific policy of liability insurance for their ATV or UTV. The following insurance policies should be reviewed to determine whether or not they cover a defendant’s liability in causing an ATV or UTV crash:

• Any policy specific to the ATV or UTV
• Homeowner’s policies of the defendant
• Farm policies of the defendant
• Auto policies of the defendant 
• Umbrella or excess coverage policies of the defendant
• Auto policies of the plaintiff, including uninsured motorist coverage, underinsured motorist coverage, and medical payments coverage

Should you hire an ATV or UTV accident attorney if you or your child was involved in a crash in mid-Missouri? 

Following a serious ATV or UTV accident, your top priority should be ensuring the physical wellbeing of yourself or your loved one. That includes receiving emergency medical care and attending all scheduled medical appointments. Your second priority following an ATV or UTV accident should be consulting with an experienced personal injury attorney who has familiarity with handling ATV or UTV accidents.

After an ATV or UTV accident, your personal injury lawyer will want to immediately begin collecting and preserving evidence. This evidence typically includes inspecting the ATV or UTV at issue (or having an expert inspect the vehicle), photographing the scene, obtaining witness statements, and requesting all law enforcement investigative reports. An ATV or UTV injury attorney will also begin to piece together liability, including what parties are responsible for causing the crash and by what legal theories. Finally, your ATV or UTV lawyer will need to determine what insurance coverage (or assets of the defendant(s)) are recoverable in your particular case. As outlined above, this could include policies such as the defendant’s auto policy, homeowner’s policy, farm policy, or a specific policy applicable to the ATV or UTV.

ATV and UTV personal injury cases are often contested by the defendant(s) on a number of different grounds, including denying liability, challenging causation/existence of damages, and opposing whether insurance coverage applies. As such, it’s often necessary for your ATV or UTV lawyer to file a lawsuit and to pursue your claim in court. While most ATV and UTV accident cases resolve via settlement at some point after filing suit, occasionally a jury trial is required to determine liability and damages. 

Work with a personal injury or wrongful death attorney you can trust to handLe your Missouri ATV or UTV accident claim with care 

If you’ve been involved in an injury-causing ATV or UTV accident in Columbia, Jefferson City, the Lake of the Ozarks, or anywhere else across mid-Missouri, contact an experienced ATV and UTV accident attorney who understands Missouri’s ATV and UTV laws and routes of recovery. 

Attorney EC Duckworth is not only familiar handling ATV and UTV accidents (having recently recovered $800,000 for a woman who sustained orthopedic injuries in an ATV accident), but he has grown up operating ATVs and UTVs himself. He understands how these accidents occur, what safety precautions should be taken, and how these vehicles should be properly operated. ATV and UTV accidents are often complicated claims, involving complex issues of liability, damages, and insurance coverage. Don’t risk your financial recovery with a personal injury attorney unfamiliar with handling these unique claims. If you or a loved one has been injured while using an ATV or UTV, reach out to Duckworth Injury Law today for a free case evaluation and consultation.