Austin ATV Accident Lawyer

Between 2018 and 2022, off-highway vehicle accidents sent an estimated 504,400 people to emergency rooms across the United States, according to the U.S. Consumer Product Safety Commission, an annual average of roughly 100,900 emergency department visits per year. ATVs accounted for more than two-thirds of all OHV-related deaths over that period. Texas also sees a high number of ATV accidents each year.

ATVs offer no structural protection when something goes wrong, and the injuries that result can be catastrophic. Loewy Law Firm fights for Texans injured in ATV accidents throughout the Austin area, and families who have lost someone, in pursuing full compensation from the parties responsible. Call our car accident lawyers at us at (512) 280-0800 for a free case review.

The Main Causes of ATV / UTV Accidents in the Austin Area

Austin’s access to Hill Country terrain, along with private ranches, off-road parks, and agricultural land throughout Travis, Hays, Williamson, and Bastrop counties, draws year-round ATV and UTV activity. How an accident happened determines who is responsible and how a case is built.

Rollovers and Ejections

CPSC data shows ATVs overturned in at least 65 percent of fatal ATV incidents. Rollovers happen when a rider takes a corner at excessive speed, rides a slope beyond the ATV’s rated stability, or shifts body weight abruptly on uneven terrain. Most ATVs have no roll cage, which means riders are ejected or pinned beneath the vehicle in a significant portion of rollover crashes.

Road-Traffic Collisions

ATV accidents throughout the Austin area can happen when riders cross or travel on public roads and encounter motor vehicle traffic. Texas law restricts ATV operation on public streets and roads to narrow circumstances, and collisions between ATVs and full-size vehicles account for many of the most severe injury outcomes in off-highway accident cases.

Passenger-Related Accidents

Carrying a passenger on an ATV not designed by the manufacturer for that purpose changes the vehicle’s handling and weight distribution in ways that contribute to rollovers and loss of control.Under Texas Transportation Code Section 551A.074, carrying a passenger on an ATV on public property is prohibited unless the manufacturer designed the vehicle to transport one. 

UTVs and Side-by-Side Vehicles

Utility terrain vehicles, including side-by-sides like the Polaris Ranger and Can-Am Defender, are covered under Texas Transportation Code Chapter 551A in the same manner as ATVs and represent a growing category of off-highway accident cases in the Austin area. Accidents in UTVs are handled the same way as ATV cases under Texas law, and the injuries are no less severe.

Who Can Be Held Liable

ATV accident liability is not always limited to a single party. Depending on the facts of your accident, one or more of the following may bear responsibility, and where fault is shared, Texas’s proportionate liability rules determine how damages are divided.

Negligent Operators

An ATV operator who rides recklessly, ignores terrain and speed limitations, operates while impaired, or carries an unauthorized passenger can be held personally liable for the injuries their conduct causes. Rider-on-rider accidents, where one ATV operator collides with another through careless operation, fall under this category as well.

Where a negligent operator carries liability insurance, that coverage becomes the primary avenue of recovery. When coverage falls short of actual damages, identifying and pursuing additional liable parties becomes part of how the case is built.

Defective ATVs and Equipment

When a mechanical failure contributes to a crash, a product liability case against the manufacturer may be available alongside any other theory of recovery. Defective brakes, throttle failures, faulty steering components, and structural weaknesses have all formed the basis for ATV product liability cases across the country.

Loewy Law Firm works to preserve the ATV and have it examined by a qualified expert at the outset of any case where mechanical failure is suspected, because evidence of a defect can be lost or altered if the vehicle is not secured in a timely way.

Property Owners and Premises Liability

Property owners who allow free recreational ATV access on private land are protected under Texas Civil Practice and Remedies Code Chapter 75, the Recreational Use Statute, which limits their duty of care to that which is owed a trespasser. Recovering damages against a private landowner in that situation requires proving gross negligence, malicious intent, or bad faith — a higher bar than ordinary negligence. ATV parks and commercial operations that charge for access fall outside the statute’s protection and can be held to an ordinary negligence standard.

Other Drivers

If a passenger vehicle on or near a roadway caused your ATV to crash or contributed to the accident, the driver of that vehicle may share or bear full responsibility for your injuries, and a claim against that driver’s auto insurance policy would run alongside any other avenue of recovery.

If You Were Partly at Fault

Under Texas’s proportionate responsibility rules, sharing some fault in an ATV accident does not bar recovery. As long as your percentage of fault does not exceed 50 percent, you can still recover damages, reduced by your share of fault. Learn more on our comparative fault page.

Texas ATV Laws and Negligence Per Se

Operator Requirements on Public Property

Under Texas Transportation Code Chapter 551A, ATV operators on public property are required to:

• Wear a safety helmet meeting U.S. Department of Transportation standards
• Refrain from carrying passengers unless the ATV was manufactured to transport them
• Keep riders under 14 under direct adult supervision on public off-highway vehicle land

ATV Street and Road Restrictions

Operating an ATV on a public street, road, or highway is prohibited in Texas except in limited agricultural circumstances that require illuminated headlights and taillights, a triangular orange flag mounted at least six feet above ground level, daytime operation, and a trip of no more than 25 miles from origin to destination. Riding outside those conditions on a public road is a violation of Texas Transportation Code Section 551A.051.

How Violations Affect Your Case

When an operator violates a safety statute governing ATV use and an injury results, Texas recognizes a negligence per se theory of liability. The statute itself defines the standard of care, and demonstrating the violation serves as the basis for establishing negligence in the civil case, rather than requiring an independent argument that the conduct was unreasonable.

A helmet law violation that results in a head injury, or a passenger restriction violated in a rollover that injures an unauthorized rider, are direct examples of where this theory applies.

Injuries in ATV Accidents

Riders have no airbags, seatbelts, or surrounding structural protection, so crash forces transfer directly to the body. Injuries in ATV accident cases in Austin and Travis County:

• Traumatic brain injuries, from concussions to hemorrhagic bleeds, with severity tied to whether a helmet was in use at the time of the crash
• Spinal cord injuries and vertebral fractures that can produce permanent partial or complete paralysis
• Fractures of the arms, legs, pelvis, and collarbone from ejections and rollover impact
• Internal organ damage from blunt trauma in rollovers or collisions
• Severe lacerations and degloving injuries from road or ground contact following ejections

Head and spinal injuries carry the highest risk of permanent impairment. Long-term costs tied to those injuries, including ongoing medical care, modifications to living situations, adaptive equipment, and lost earning capacity across decades, need to be fully projected when pursuing compensation.

Loewy Law Firm works with medical and economic experts on ATV accident cases with permanent injuries to build an accurate picture of what the injured person faces going forward, and to make sure those future costs are included in any recovery pursued.

After an ATV Accident in Austin

The actions taken in the days and weeks following an ATV accident directly affect what can be proven and what compensation can be recovered. A few steps to address as soon as circumstances allow:

1. Seek medical attention for all injuries, including those that don’t feel severe at the scene. Internal injuries and traumatic brain injuries can present with delayed symptoms.
2. Photograph the accident scene, the ATV, any other vehicles involved, and visible injuries before anything is moved or repaired.
3. Get contact information from any witnesses present at the time of the accident.
4. Preserve the ATV and any damaged or defective components. In cases where mechanical failure is suspected, the vehicle itself is primary evidence.
5. Avoid giving recorded statements to insurance adjusters before consulting an attorney. Adjusters represent the insurer’s interests, and statements made without counsel can be used to reduce or dispute a claim.
6. Be aware of the Texas statute of limitations. Personal injury cases in Texas are subject to a two-year filing deadline under Texas Civil Practice and Remedies Code § 16.003, running from the date of the accident.

Compensation in an Austin ATV Accident Case

Economic Damages

Economic damages in an ATV accident case cover financial losses that can be documented and calculated:

• Emergency care, hospitalization, surgery, and all treatment costs already incurred
• Future medical expenses covering projected procedures, rehabilitation, assistive devices, or long-term personal care
• Lost income for the period the injury kept you out of work
• Reduced earning capacity if permanent impairment limits your ability to return to prior employment

Non-Economic Damages

Texas law allows recovery for losses that don’t produce a specific invoice, including physical pain and suffering, mental anguish, and the loss of activities, relationships, and quality of life the injury has taken away.

Wrongful Death

If an ATV accident in Austin resulted in a fatality, the surviving spouse, children, or parents of the deceased may have standing to pursue a wrongful death case under Texas Civil Practice and Remedies Code Chapter 71. Loewy Law Firm handles ATV wrongful death cases and advises on the full scope of compensation available, including damages for loss of companionship, loss of financial support, and funeral and burial expenses.

ATV Accident Cases at Loewy Law Firm

ATV accident cases are more complex to build than standard vehicle crash cases. Liability can extend to multiple parties at once, and the physical evidence, including the ATV itself, trail and road conditions, maintenance records, and any available video footage, needs to be documented and preserved before it disappears or changes. Severe injuries frequently require expert input from medical professionals and economists to calculate the full extent of what the injured person faces going forward.

Attorney Adam Loewy has represented personal injury clients in Austin and Travis County for more than two decades. A recognized Super Lawyer® and lifetime member of the Multi-Million Dollar Advocates Forum®, Adam Loewy handles ATV accident cases personally. Your case is not passed off to a junior associate or a case manager.

In ATV accident cases, Adam Loewy:

• Investigates every available theory of liability, including operator negligence, product defect, and premises liability
• Preserves and evaluates physical evidence, including the ATV and any defective components
• Works with qualified medical and economic experts to establish the full scope of damages
• Pursues the complete extent of compensation available under Texas law

Loewy Law Firm takes ATV accident cases on contingency, so no attorney fee is collected unless compensation is recovered. Consultations are free, and Adam Loewy is available to review the details of your accident and give you an honest assessment of your case and your options. Call (512) 280-0800 for a free case review.