Arizona's vast deserts, washes, and trails make it a mecca for off-highway vehicles, ATVs, UTVs (side-by-sides), and dirt bikes. From the dunes near Yuma to the trails around Phoenix and the high country up north, off-roading is hugely popular. It is also dangerous: rollovers, collisions, and ejections cause severe injuries and deaths every year.
Off-Roading Is a Way of Life Here
When an off-road injury results from someone else's negligence or a defective vehicle, the injured rider may have a claim.
Common Causes and Liable Parties
Off-road crashes stem from many sources. Another rider's reckless operation can make them liable. A rental company that provides a poorly maintained machine or fails to instruct riders may be responsible. A manufacturer can be liable if a design defect, such as a vehicle prone to rollover or lacking adequate occupant protection, caused or worsened the injury.
Property owners and event organizers may also bear responsibility for hazards they created or failed to address on managed trails or courses.
Rollovers and Product Defects
UTV and ATV rollovers are a leading cause of catastrophic off-road injuries. Some vehicles have been the subject of safety concerns and recalls related to stability, roll cages, or restraint systems. If a defect contributed to the severity of an injury, a product liability claim may be available alongside any negligence claim.
Preserving the vehicle after a serious crash is essential, it is the central evidence in any defect claim.
After an Off-Road Injury
Get medical care, preserve the vehicle and any rental or waiver paperwork, and document the scene and conditions. As with other recreational activities, a liability waiver does not necessarily bar a claim, especially against gross negligence or a defective product. A free review can identify who may be responsible and whether a defect played a role.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.