Fun but Dangerous: ATV & UTV Crash Liability in Michigan
Michigan is one of the best states in the United States for off-road riding. Off-road vehicles can be extremely fun, especially in the hands of a properly trained and experienced driver. Unfortunately off-road vehicle accidents are common when people are out enjoying the great outdoors.
What is the Difference Between an UTV and an ATV?
An all-terrain vehicle (ATV) is defined as a motorized off-highway vehicle designed to travel on four low-pressure or non-pneumatic tires, having a seat designed to be straddled by the operator and handlebars for steering control. An utility terrain vehicle (UTV) is similar in size to an ATV but with the driver and passenger seated next to each other.
UTVs, or utility task vehicles, are larger than ATVs, usually with four or six wheels. UTVs are designed for both off-road and on-road use. UTVs typically have a longer wheelbase and are wider than ATVs, which makes them more stable. They also have a higher ground clearance. Most people refer to a UTV as an SxS (Side-by-Side).
Michigan ATV and UTV Laws
In Michigan, all ATV and UTV operators and passengers are required to wear a helmet.
If your helmet is not equipped with a face guard, you are required to wear goggles.
If you have an UTV, you can forego the helmet requirement if you are wearing a seatbelt and the UTV has a roof meeting safety standards. It is still recommend that you wear a helmet.
A braking system in good working condition that operates by either hand or foot.
Every passenger must be seated in seating designed and manufactured for a passenger.
If the ATV or UTV is operated during the hours of one-half hour after sunset to one-half hour before sunrise, it must display a headlight, taillight and brake light.
Is ATV or UTV Insurance Required in Michigan?
Some state require residents to carry liability insurance for their ATVs or UTVs. Michigan does not require ATV insurance. However, most lenders do require the ATV or UTV to be insured until the ATV or UTV is paid off.
If someone is injured while riding an ATV or UTV on your property then your home insurance policy's personal liability coverage policy may provide some protection, up to your policy's limits.
Most Common Cause of Michigan ATV/UTV Accidents
Most ATVs and UTVs weight over 750 pounds traveling over 75 miles per hour. Passengers do not have the same protections as in regular motor vehicles and lack many of the safety devices used to prevent injuries in cars and trucks. Serious injuries in these ATVs and UTVs accidents often result from:
Lack of proper safety precautions
Allowing an unqualified minor to operate the ATV or UTV.
Failing to properly supervise a minor driving an ATV or UTV
Reckless and negligent driving by the ATV or UTV driver mainly speeding and horseplay
Lack of proper training or no training at all
Mechanical defects of ATV or UTV
Poor ATV or UTV maintenance
ATV or UTV driver operating the vehicle while intoxicated by alcohol and/or drugs
What to do if you are involved in an ATV or UTV Accident in Michigan?
Michigan is ranked as the fourth highest, in the nation, for ATV and UTV crashes and deaths. If you are involved in an ATV or UTV accident resulting in injury to a person, you must stop immediately at the scene and secure medical aid or transportation. It is important that you also notify law enforcement so that an accident report will be created documenting who was responsible for the wreck. It is also important to note that most crash reports will provide the name, address, phone number, and insurance information for the person responsbile for the crash as well as a conclusion on which party was responsible for the crash.
If you or a loved one has been injured in an off-road vehicle accident, the victim may be entitled to compensation for property damage, medical expenses, lost wages, and more.
From health insurers and ATV/UTV insurers to holding at-fault parties accountable, pursuing compensation can help restore your course. Pursing a personal injury claim can be complex, necessitating the guidance of an experienced lawyer specializing in accident and personal injury law. Hire a professional ATV/UTV accident attorney, take control to ensure you receive the compensation you rightfully deserve.
At Cotter Law, we are committed to helping our clients recover the compensation they deserve and providing the highest quality legal representation. Contact us today at 865-888-7155 to schedule a free consultation and learn how we can help you.
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