ATV Accidents in Florida: Liability and Legal Rights

Every year, people are injured in ATV accidents in Florida. In fact, a recent report published by the Consumer Product Safety Commission (CPSC) indicates that Florida ranks 5th in the country for ATV-related fatal accidents. Even when people don’t lose their lives, ATV accidents can leave victims with extremely serious and often life-changing injuries.

These accidents often involve more than just the rider. Passengers, bystanders, and even other motorists can suffer serious injuries due to someone else’s negligence. Medical bills add up quickly, lost wages put a financial strain on families, and the emotional toll is overwhelming. 

If an ATV accident has turned your life upside down, you don’t have to handle it alone. At Fuentes & Berrio, we can help you seek the compensation you deserve. Schedule a free consultation with our Florida ATV accident attorneys today. 

Common Causes of ATV Accidents in Florida

Negligent ATV Operators

Many ATV accidents happen because another rider was careless, speeding, or attempting dangerous maneuvers. When another person’s reckless driving causes a crash, they should be held accountable.

Defective or Poorly Maintained ATVs

If an ATV has a design flaw, faulty brakes, or defective parts, the manufacturer may be responsible for the accident. Likewise, if a rental company fails to maintain its ATVs, it can put riders at serious risk.

Unsafe Trails or Hazardous Conditions

Property owners who allow ATVs on their land have a duty to ensure it is safe. The property owner may be liable if an accident occurs because of hidden obstacles, unmarked hazards, or dangerous conditions.

ATV Rollovers Due to Poor Design

Some ATVs have an unstable design that makes them more likely to tip over, especially during sharp turns. If a design flaw contributed to the accident, the manufacturer should be held responsible.

Lack of Proper Safety Gear or Training

Rental companies and tour operators have an obligation to provide safety instructions and properly working gear. If they fail to do so and an accident occurs, they may be held accountable.

Collisions with Other Vehicles

ATVs are sometimes used on or near roads, and when a car or truck is involved in a crash, the results can be catastrophic. If a driver was distracted, impaired, or otherwise negligent, they could be held responsible for the injuries they caused.

Who Can Be Held Liable for an ATV Accident?

Determining liability in an ATV accident isn’t always straightforward. Multiple parties could be at fault, including:

Negligent ATV Operators

If another rider acted recklessly and caused the crash, they can be held liable for your injuries. This includes excessive speeding, performing dangerous stunts, or riding while under the influence of alcohol or drugs.

Property Owners

If your accident happened on private or public land that was unsafe, the property owner might be responsible. Failing to warn riders about known hazards, such as hidden ditches, unstable terrain, or improperly maintained trails, can lead to serious liability issues.

ATV Manufacturers

Some accidents happen because of defective ATVs. If a design flaw or mechanical issue caused your crash, the manufacturer may be held responsible for putting a dangerous product on the market. Defective brakes, unstable frames, or engine malfunctions can all contribute to serious accidents.

Rental Companies

Many people rent ATVs for recreational use, trusting that the vehicles are safe and well-maintained. Unfortunately, some rental companies neglect routine inspections and maintenance, putting riders in danger. If a rental company failed to provide a safe ATV, they may be liable for your injuries.

Other Motorists

When ATVs share roads or trails with other vehicles, accidents can happen due to negligent drivers. If a driver was speeding, texting, or under the influence and caused a crash, they should be held accountable for their actions.

Understanding Your Legal Rights as a Victim

If another party’s negligence caused your ATV accident, you have the right to file a personal injury claim. This allows you to seek compensation for medical bills, lost income, pain and suffering, and other damages. You need evidence such as accident reports, witness statements, and medical records to build a strong case.

Florida law limits the time you have to file a lawsuit. In Florida, you have two years from the date of the accident to take legal action. If you wait too long, you may lose your right to seek compensation. Acting quickly ensures that evidence is preserved and witnesses’ memories remain fresh.

If you lost a loved one in an ATV accident, you may be able to file a wrongful death claim. This can help you recover compensation for funeral expenses, loss of income, and emotional suffering. While no amount of money can replace a loved one, holding the responsible party accountable can provide a sense of justice and financial stability.

Florida’s ATV Laws

Florida has laws specifically aimed at ATV safety, and the following might play a role in a legal claim:

• Age Restrictions: Riders under 16 must wear a helmet and eye protection while operating an ATV.
• Public Land Usage: ATVs are not allowed on public roads except for designated areas or when crossing a street per local ordinances.
• Private Property Rules: Landowners must give permission before ATVs are used on their property. Trespassing can lead to legal consequences.
• Vehicle Registration: Unlike cars and motorcycles, ATVs do not require registration or insurance in Florida, but this does not absolve owners from liability.

Let Our Florida ATV Accident Attorneys Handle Your Case

After an ATV accident, you expect insurance to cover your medical bills and lost wages. But here’s the truth—insurance companies are not on your side. They’ll stall, minimize your injuries, or blame you for the crash. Without legal help, you might walk away with far less than you deserve. That’s where Fuentes & Berrio comes in. Our legal team in Deerfield Beach knows how these companies operate, and we don’t let them get away with it. We fight aggressively to ensure you get full compensation for your injuries. 

No delays. No lowball offers. Just the results you need to move forward. Dial (954) 752-1110 now to speak to our attorneys or submit your case details online.