Georgia Injury Law Blog
ATVs, or all-terrain-vehicles, and MPOHVs, or multipurpose off-highway vehicles, are the source of an increasing number of crashes with fatalities or serious injuries. In the state of Georgia, there has been a spike in ATV and MPOHV crash fatalities, as reported by Fox 5. From January 1-June 20, 2025, Georgia State Patrol investigated 45 crashes which resulted in 13 deaths and 64 serious injuries. Overall for the year, there were eight fatalities linked to MPOHVs and six linked to ATVs, with 114 serious injuries.
Since these vehicles are typically operated off-road, their use is less regulated than that of other motor vehicles. ATV or MPOHV users may not be aware of laws pertaining to their use, or assume that there are no relevant laws if used on private property. This leads to improper use by consumers, with dangerous consequences. There are more injuries and fatalities tied to ATVs than to any other product regulated by the U.S. Consumer Product Safety Commission. According to the CPSC, more than 100,000 ER visits occur annually due to ATV crashes. The danger is exacerbated by the fact that many ATV drivers are under the age of 16. In 2002, ATV safety advocates asked the CPSC to ban sales of adult-size ATVs for the use of children under the age of 16. The American Academy of Pediatrics also recommends that no child under the age of 16 use an ATV. Unfortunately, there is still no federal standard for ATV age limits, helmet use, or other safety standards. Thirteen states have no age limit for ATV use, while nine states lack helmet regulations. Even within states, different municipalities often have their own laws surrounding ATV use.
This patchwork of laws ensures that consumers lack clarity about safety. This lack of clarity has led to ATV drivers and passengers using these vehicles unsafely, and without proper equipment such as helmets. Statistics suggest that helmets are greatly effective in preventing deaths and serious head injuries. Nationally, of all fatally injured ATV drivers or passengers, only 5 percent were wearing a helmet in 2023. Unfortunately, ATV riders are also at risk of death from driving under the influence. In 2023, 49% of fatally injured ATV drivers on public roads had BACs at or above 0.08%.
Consumers who wish to use ATVs safely should begin by adhering to the US Consumer Product Safety Commission, which recommends the following guidelines for ATV use:
- Get hands-on training from a qualified instructor, for example, in an ATV Safety Institute (ASI) course.
- Always wear a helmet and other protective gear, such as eye protection, boots, gloves, long pants and a long-sleeved shirt.
- Never ride with more passengers than there are seats. Most ATVs are designed for one rider.
- Riders younger than 16 should only drive age-appropriate youth model ATVs, and never adult ATVs.
- Off-road vehicles are designed to be driven only on off-road terrain, not paved surfaces.
- Never ride on public roads except to cross where permitted by law.
- Avoid drinking alcohol before or while driving an ATV, because alcohol can impair judgment and response time
Being involved in an ATV accident can have devastating consequences, especially for riders under the age of 16. If you or a loved one have been injured in an ATV accident, talk to an experienced Atlanta truck accident lawyer at the Katz Personal Injury Lawyers, and determine your legal rights to compensation. You may be eligible for damages that include medical costs, lost wages and other damages.