ATV and UTV Accident Claims in Utah

Short answer: An ATV or UTV injury can support a claim against a careless driver, a vehicle owner, or a rental or tour company, but these cases follow different rules than car crashes. PIP is not required for off-highway vehicles, Utah assigns operators responsibility for the natural risks of the sport, and a crash on public land can trigger a much shorter notice deadline.

Utah has miles of off-highway trails, and many families ride them every season. When someone gets hurt, the first questions are usually who was driving, whose machine it was, where it happened, and what insurance, if any, covers it.

ATV, UTV or Side-by-Side: What Utah Law Calls Them

Utah’s off-highway vehicle law is in Title 41, Chapter 22. It groups these machines by type (Utah Code 41-22-2):

• All-terrain type I: 52 inches wide or less, 1,500 pounds or less shipping weight, three or more low-pressure tires, and a seat the operator straddles. This is the classic four-wheeler.
• All-terrain type II: 80 inches wide or less, four or more low-pressure tires, a steering wheel, non-straddle seating and a rollover protection system. This is the typical UTV or side-by-side.
• Off-highway motorcycles, snowmobiles and a catch-all type III category are also “off-highway vehicles.”

The type matters because some rules, like the helmet law below, apply only to certain types.

Helmet, Training and Supervision Rules

Two sections come up often, especially when a child or teenager is hurt.

Helmets. A person under 18 may not operate or ride on an all-terrain type I vehicle, a snowmobile or an off-highway motorcycle on public land without a properly fitted and fastened DOT-rated helmet, and an owner may not give a minor permission to ride in violation of that rule (Utah Code 41-22-10.8). As written, the rule does not list type II side-by-sides. The same section says that failing to wear a helmet is not comparative negligence and may not be introduced as evidence in civil litigation on negligence, injuries or mitigation of damages.

Safety certificate and supervision. To operate an off-highway vehicle on public land, trails, streets or highways, a person must be able to reach and operate the controls and must hold a safety certificate or be in an approved training course. An operator under 18 without a driver license who is on a public highway open to regular traffic must be under the direct supervision of someone at least 18, meaning within 300 feet with visual contact (Utah Code 41-22-30).

An owner who lets an unqualified rider take a machine may face questions about negligent entrustment, which the OHV statute expressly preserves (Utah Code 41-22-37(6)). Our post on injury claims for minors explains how a child’s claim is handled.

Operators Accept the Risks of the Terrain

Utah law says an operator 18 or older accepts legal responsibility for injury or damage to the extent it results from risks inherent in off-highway vehicle use (Utah Code 41-22-37). Those risks include variations in terrain, surface conditions, crevices, ravines, streams, poor visibility, rocks, trees and other natural hazards. Operators are also responsible for knowing their ability, controlling speed and course, heeding posted warnings, and not acting in a way that may cause injury to others.

That section has three limits that matter in injury cases. It does not affect:

• A passenger’s claim or ability to recover for injuries (41-22-37(5))
• A product liability claim based on warnings, design or manufacture (41-22-37(4))
• An owner’s liability for negligent entrustment (41-22-37(6))

So a passenger thrown when the driver took a hill too fast is in a very different position than a solo rider who hit a rock. And a rollover caused by a defect is a different claim than one caused by the trail.

No PIP for Off-Highway Vehicles

Utah is a PIP state for cars, and injured drivers and passengers normally start with their own personal injury protection coverage. See is Utah a no-fault state for how that works. Off-highway vehicles are different. A policy covering an off-highway vehicle or a street-legal ATV is not required to include PIP, and owners and operators of those vehicles are not covered by PIP for injuries while operating them (Utah Code 31A-22-302(2) and (4)). Insurers may offer first-party medical coverage for these vehicles, so check the actual policy.

Without PIP, the questions become whether the driver or owner has liability coverage that applies, whether the rider’s own health insurance pays, and whether any other policy reaches the machine. Coverage for off-highway vehicles varies widely, and some policies exclude them.

Street-Legal ATVs

Utah allows ATVs, UTVs and off-highway motorcycles that meet equipment and registration requirements to be driven on many streets and highways as “street-legal ATVs,” but not on interstates or on certain high-speed roads in first-class counties (Utah Code 41-6a-1509). A street-legal ATV must meet the same traffic rules as a motorcycle and the same driver licensing and motor vehicle insurance requirements as a motor vehicle. An ordinary OHV may not be driven on a street or highway not designated for OHV use, except for limited purposes such as crossing (Utah Code 41-22-10.3).

When a car hits a street-legal ATV on a public road, the case looks much like a motorcycle crash. Our post on motorcycle accident claims in Utah covers many of the same issues.

Rentals, Tours and Waivers

Rental shops and guided tour companies almost always require a signed release. Utah courts do enforce releases in recreational settings. In Penunuri v. Sundance Partners, Ltd., 2013 UT 22, a guided horseback ride case, the Utah Supreme Court held the rider’s waiver enforceable and not against public policy. That does not mean every release covers every claim. Its wording, what kind of conduct is involved, who signed it, and whether the claim is against the company or someone else all matter.

Issues that come up in rental and tour cases include machines rented with bad brakes or steering, guides who lead riders onto terrain beyond what they were told to expect, and riders given little or no instruction. Keep a copy of the release, the rental agreement and any photos of the machine.

Crashes on Public Land

Many Utah rides happen on state or federal land. If a state or local government entity or employee may be responsible, such as a county-maintained road where an ATV route crosses, Utah requires a written notice of claim within one year after the claim arises (Utah Code 63G-7-402), delivered to the right office in the form Utah Code 63G-7-401 requires. Missing that step can end the claim. Claims involving federal land or federal employees follow federal law and a separate administrative claim process.

For a claim against another rider, most Utah injury lawsuits must be filed within four years (Utah Code 78B-2-307). Our statute of limitations guide has the details.

Fault Is Compared

Utah compares fault in these cases as in others. You can recover from a defendant whose fault is greater than yours, reduced by your own share (Utah Code 78B-5-818).

Talk to a Utah Injury Attorney

Hurt in an ATV or UTV crash in Utah? Call (801) 921-5134 or send us your case for a free consultation. You pay nothing up front, and no attorney fees unless we win. Hablamos Español.

If a side-by-side rolled or caught fire, see our UTV rollover accident page and our Polaris RZR accident page. Defect claims in Utah have a two-year deadline; our product liability page explains it.