ATV, UTV, and Off-Road Accidents

ATV and side-by-side tours are popular in the Caribbean, Mexico, Florida, and New England, and many families also ride on private land at home. These vehicles roll over easily and offer little protection, so crashes often cause head, spinal, and crush injuries. Muggeo & Associates represents riders, passengers, and families after off-road accidents at home and on vacation.

Common Causes

Rollovers on steep, wet, or uneven terrain
Tour groups pushed to keep pace with the guide
Vehicles with worn brakes, steering, or tires
Missing or ill-fitting helmets and no seat belts or nets
Children allowed to drive or ride adult-sized vehicles
Tours routed onto public roads with traffic
Collisions with other tour vehicles
Defective rollover protection, throttles, and seat belts

Massachusetts Off-Highway Vehicle Rules

The Massachusetts summary of off-highway vehicle laws provides, among other things, that:

Every operator and passenger must wear an approved helmet
Riders under 18 must complete an approved recreation vehicle safety course
Riders 14 to 16 may not operate ATVs or UTVs over 90 cc and must be directly supervised by an adult
Riders under 14 are limited to supervised, approved events
Vehicles must be registered, and operation on public ways and on another person’s land without written permission is prohibited
Operating under the influence is prohibited

Violations can be evidence of negligence by riders, owners, and supervising adults.

Vacation and Excursion ATV Tours

Off-road tours abroad are often sold through cruise lines, resorts, and booking websites. Responsibility may extend beyond the local operator. See Excursion and Tour Injuries and International Travel Injuries.

Product Defects

Many ATV and UTV injuries involve design or manufacturing defects, especially rollover protection and restraint failures. Preserve the vehicle and photographs. See Product Liability.

Frequently Asked Questions

Who is liable for an ATV accident on a vacation tour?

Possibly the tour operator for inadequate instruction, unsafe routes, poorly maintained vehicles, or ignoring age and size limits; the guide; the resort or cruise line that sold the tour; another driver; or the manufacturer of a defective vehicle.

What are the ATV rules for kids in Massachusetts?

Massachusetts limits operation by young riders. According to the state summary, riders under 14 may operate only in supervised, approved events, riders 14 to 16 are limited to 90 cc or smaller ATVs with adult supervision, riders under 18 must complete an approved safety course, and every rider must wear a helmet.

Are UTVs and side-by-sides different?

UTVs and side-by-sides carry passengers and are prone to rollovers, especially on slopes and sharp turns. Seat belts, doors or nets, and roll cages matter. Defective rollover protection and seat belt failures can support product claims.

Can I bring a claim if I was driving the ATV?

Possibly, if the operator gave you an unsafe vehicle, sent you on an unsafe route, failed to instruct you, or a defect caused the crash. Your own conduct may reduce recovery under comparative fault rules.

Talk With a Travel Injury Attorney

If you or a family member was hurt in an ATV, UTV, or off-road vehicle accident, call Muggeo & Associates at (978) 741-1177, text the same number, or request a consultation online. We answer calls 24/7. Offices in Salem, Massachusetts and Fort Lauderdale, Florida. We can meet by phone or video while you recover, wherever you are. Travel contracts often contain short notice and filing deadlines, so contact us promptly.

This page provides general information, not legal advice. Laws differ by state and country, and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

Call or Text (978) 741-1177 to Schedule Your Consultation