If you have suffered an ATV-related accident or injury, you may have the basis for an injury claim and should seek the help of a Tampa ATV accident lawyer with our firm today. ATV crashes can lead to devastating physical, emotional, and financial consequences, especially when they are caused by another party’s negligence.
At Hancock Injury Attorneys, we understand how overwhelming the aftermath can feel, and we’re here to guide you through each step of the legal process so you can focus on healing while we fight for the compensation you deserve.
ATV Laws In Tampa
Florida statutes define an ATV as any motorized off-highway or all-terrain vehicle 55 inches or less in width, having a dry weight of 1,500 pounds or less, designed to travel on three or more non-highway tires, and is designed for recreational use by one or more persons.
With the intent to provide safety protections while operating all-terrain vehicles, particularly for our children, it is important to be aware of other statutory provisions:
- No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet.
- If a crash results in the death of any person or in the injury of any person which results in the treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash to a law enforcement officer, pursuant to Section 316.066, Florida Statutes.
- Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the state or a federal agency.
- A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving traffic violation, as well as evidence of negligence in a personal injury case.
What Should I Do If My Child Is Hurt In An ATV Accident?
If your child is injured in an ATV accident, it’s natural to feel overwhelmed and unsure of what to do next. Taking the right steps early on can protect your child’s health and strengthen any future injury claim. First, seek immediate medical attention, even if the injuries seem minor. Children may not always recognize or communicate the extent of their pain, and prompt medical care creates essential documentation for your case.
If possible, gather information from the accident scene, including photos of the ATV, the surrounding area, and any visible injuries. Obtain the names and contact information of anyone involved or who witnessed the incident. Be sure to keep all medical records, bills, and any communication related to the accident.
Avoid speaking with insurance adjusters before consulting with an attorney. Insurers may try to minimize your child’s claim or pressure you into accepting a quick settlement. Instead, contact a Tampa ATV accident lawyer at Hancock Injury Attorneys. Our team can handle the legal process on your behalf, protect your child’s rights, and pursue the compensation needed for their recovery.
What Makes ATVs Dangerous?
Between 1982 and 2011, the U.S. Consumer Product Safety Commission reported 11,688 ATV accident-related deaths nationally. Of these, 2,865 ATV accident-related deaths were of children younger than 16 years of age. During this same time period, in Florida, 485 deaths were reported. 109 of those deaths of children younger than 16 years of age.
The biggest factor that makes ATVs so dangerous is an inherent flaw in their design. This flaw causes a lack of lateral stability and crush protection for any riders. To put it simply, ATVs roll over all too easily, which can result in fatalities.
Another factor that makes ATVs dangerous is their weight; an ATV is up to twice the weight of a dirt bike. If you drop a dirt bike, the worst injury that may happen is that you’ll break your leg, but if you roll an ATV, you run the risk of breaking your neck, back, or being on the receiving end of crush injuries. Because of their design, ATVs are also at risk of tumbling down hills out of control. This could potentially hurt or injure other bystanders.
What to do After an ATV Accident
After an ATV accident, take photos of the accident scene. If you are unable to take photos yourself, it is important that you have someone nearby take photos of the accident scene for you. If no one is able to take photos, write down the situation leading up to and the factors surrounding the accident.
Look for anyone who may have witnessed your accident. It's easy to confuse details when an accident leaves you injured. A bystander who saw what happened will be able to act as an expert witness and detail to the judge how they saw the accident happen.
Seek medical attention. You must seek medical attention, even if you feel uninjured. The adrenaline of the accident could be masking symptoms of an injury, or symptoms can arise days after the accident.
Contact a personal injury lawyer. An attorney who specializes in personal injury law will be able to help you pursue compensation for any injuries, emotional distress, and lost wages resulting from your accident.
What Insurance Covers ATV Accidents?
In Florida, ATV insurance requirements can be confusing because state law treats all-terrain vehicles differently from standard motor vehicles. Unlike cars or trucks, ATVs are not required to carry insurance under Florida law if they are operated on private property. However, once an ATV is taken onto public roads or certain public lands where riding is allowed, insurance may be required depending on the jurisdiction or landowner’s rules.
Although insurance isn’t always mandatory, several types of policies may still provide coverage after an ATV accident:
- ATV or Off-Road Vehicle Insurance
Many ATV owners choose to purchase stand-alone ATV insurance for protection. These policies can include liability coverage (for injuries or property damage you cause), collision coverage, comprehensive coverage, and sometimes medical payments coverage. - Homeowners or Renters Insurance
In limited situations, a homeowners or renters insurance policy may cover an ATV accident only if the crash occurred on the insured’s property and the ATV is not required to be registered. Coverage varies widely by insurer, and many policies exclude motorized vehicles entirely, so it’s important to review your specific policy. - Auto Insurance
Personal auto insurance generally does not cover ATV accidents because ATVs are not classified as motor vehicles under Florida’s no-fault (PIP) law. This means you can’t use PIP benefits for medical bills related to an ATV crash. - Health Insurance
If you or your child is injured in an ATV accident, your health insurance can help cover medical expenses, regardless of who was at fault. However, your insurer may seek reimbursement from any settlement you receive later. - Liability Insurance from Negligent Parties
If someone else caused the accident—such as a negligent ATV driver, a property owner who created unsafe riding conditions, or a manufacturer of a defective ATV—their liability insurance may cover your damages.
Because coverage depends on the circumstances and the specific insurance policies involved, navigating ATV accident claims can be complex. A Tampa ATV accident lawyer at Hancock Injury Attorneys can review the details of your situation, identify available insurance sources, and help you pursue the full compensation you’re entitled to.
Why Hire A Tampa ATV Accident Lawyer?
ATV collisions often involve unique and complex legal challenges that standard car accident claims do not. What might seem like a straightforward accident can be quickly complicated by arguments over property liability, premises ownership, manufacturer defects, or shared fault laws. Even if another party was clearly at fault, their insurance company might attempt to shift blame onto you or devalue your claim to minimize their payout.
Who Is Liable In A Tampa ATV Accident?
Determining liability in a Tampa ATV accident can be complex because Florida law does not treat ATVs the same way as standard motor vehicles. Liability depends on how the accident occurred, where it happened, and who acted negligently. Several parties may be responsible:
- Negligent ATV Operators
If another ATV rider acted carelessly—such as speeding, riding while intoxicated, ignoring posted rules, or allowing an inexperienced child to operate an ATV—they may be held liable for resulting injuries. Florida follows a comparative negligence system, meaning each party is responsible for their percentage of fault. - Property Owners or Managers
Many ATV accidents occur on private land. Under Florida premises liability law, property owners may be liable if they failed to maintain safe riding conditions or did not warn riders about hidden hazards such as sinkholes, fencing, debris, or uneven terrain. This can apply to private landowners, commercial ATV parks, or recreational facilities. - ATV Owners Who Allow Unsafe Use
If the ATV owner allowed an underage, unlicensed, or inexperienced rider to use the vehicle, they may be responsible for negligent entrustment. This can apply when parents or ATV owners knowingly allow unsafe operation. - Manufacturers and Distributors
If an ATV accident was caused by a mechanical failure—such as brake defects, tire blowouts, or steering issues—the manufacturer or distributor may be liable under Florida product liability law. This includes design defects, manufacturing defects, or inadequate warnings. - Drivers of Other Vehicles
ATVs are sometimes involved in collisions with cars or trucks on designated roads or at property access points. If a motor vehicle driver acted negligently—such as failing to yield, speeding, or driving distracted—they can be held liable for the ATV rider’s injuries. - Supervising Adults or Organizations
For accidents involving minors, liability may extend to adults or organizations supervising the activity, such as youth groups, camps, or tour operators, if they failed to provide proper safety instructions or ignored known risks.
Because ATV accidents often involve multiple parties and overlapping areas of responsibility, identifying who is legally liable requires a thorough investigation. A Tampa ATV accident lawyer at Hancock Injury Attorneys can examine the evidence, determine fault under Florida law, and pursue compensation from every responsible party.
Contact Our Experienced Attorneys Today
Our Tampa ATV accident lawyers at Hancock Injury Attorneys know exactly how to navigate these specific types of cases. Our team will help handle these potential roadblocks and fight aggressively to pursue the full and comprehensive compensation you deserve for your specific circumstances. Our primary goal is for you to focus entirely on physical and emotional healing, while our dedicated legal team takes care of communication with insurance adjusters, complex paperwork, and ongoing investigations.
Call 813-915-1110 now for your free, no-obligation case evaluation with an experienced ATV accident lawyer in Tampa to learn more about how we can fight for your rights.