ATV & Off-Road Vehicle Accidents
ATV and Off-Road Vehicle Accidents in Michigan: Recreation Turns Deadly When Safety Is Ignored
Michigan's trails and rural landscapes make it one of the most popular states for ATV and off-road vehicle recreation. But the fun masks serious danger: ATV accidents kill hundreds of Americans annually and send tens of thousands to emergency rooms. ATVs are inherently unstable — high center of gravity, no roll cage, no seatbelts, no airbags. When they flip, the rider is crushed underneath. When they collide, the rider is ejected. The injuries are catastrophic: traumatic brain injuries, spinal cord injuries, amputations, and death.
At Koussan Law, I represent ATV and off-road vehicle accident victims across Michigan. These cases involve multiple potential defendants — the ATV manufacturer (for design defects), the property owner (for trail hazards), other riders (for negligent operation), and rental companies (for providing equipment without adequate training or safety gear). Each defendant carries different insurance, and identifying all liable parties is critical to adequate recovery.
Product Liability: When the ATV Itself Is Dangerous
Many ATV accidents are caused or worsened by design defects in the vehicle itself. ATVs that are unreasonably prone to rollover due to their center of gravity and track width. Throttle mechanisms that stick open. Steering systems that fail under stress. Inadequate tire tread designs that lose traction unpredictably. And the fundamental design choice — shared by all ATVs — to provide no roll cage, no enclosure, and no occupant restraint system. When an ATV's design makes it unreasonably dangerous, the manufacturer is liable under Michigan product liability law (MCL § 600.2946).
Frequently Asked Questions
Q: What Michigan laws govern ATV operation?
Michigan's Natural Resources and Environmental Protection Act (MCL § 324.81101 et seq.) regulates ORV (off-road vehicle) operation. Operators under age 16 must complete an ORV safety course. All riders must wear DOT-approved helmets. ATVs cannot be operated on public roads except for designated crossings. Operating while intoxicated is prohibited and constitutes negligence per se in a civil case. Violation of any of these statutory requirements supports a negligence claim.
Q: Can I sue if I was injured on someone else's property while riding an ATV?
Yes, but Michigan's recreational use statute (MCL § 324.73301) provides some protection to landowners who allow recreational use of their property without charge. However, this protection doesn't apply if the landowner charged for access, if the landowner was grossly negligent, or if the landowner created or maintained a hazardous condition. Paying a trail fee, renting an ATV from the property owner, or encountering an unmarked hazard can all defeat the recreational use defense.
Q: My child was injured on an ATV. Who is liable?
Potentially multiple parties. The adult who allowed the child to operate the ATV may be negligent — children under 16 must complete a safety course under MCL § 324.81129. The property owner where the accident occurred may be liable for hazardous conditions. The ATV manufacturer may be liable if the vehicle was marketed for youth use but lacked adequate safety features. And the rental company — if applicable — may be liable for renting to a minor without proper safety equipment or instruction. I investigate every potentially liable party.
Q: What is the statute of limitations for an ATV accident claim in Michigan?
Three years from the date of the accident under MCL § 600.5805. For minors, the statute is tolled under MCL § 600.5851 until age 18. Product liability claims against the ATV manufacturer follow the three-year statute plus the 10-year statute of repose. DNR land or state park claims may require notice to the government entity under MCL § 691.1404.
