Ian Fasnacht, a law student at Ohio State University Moritz College of Law, wrote the following piece as part of our Law Student Blog Writing Project.
Kentucky had the fifth-highest number of all-terrain vehicle (ATV) accidents in 2014, while Ohio had the 12th-highest number. Accidents using ATVs can result in serious physical injuries and leave victims without insurance coverage. ATV accidents are covered by a typical homeowner’s insurance policy, but only in specified areas.
If your homeowner’s insurance policy will cover an ATV accident, it will depend on whether the event happened on your property and what caused it. To establish if coverage is available, courts frequently look at two aspects in a homeowner’s insurance policy: “insured premise” and “arises out of the premise.”
Insurance Coverage for Accidents on Land You Own
The “insured premise,” as described in insurance policies by Black’s Law Dictionary, often refers to the parcel of land or structure, as well as the surrounding area, that is specified inside an insurance policy. The insured premise for homeowner’s insurance is the land indicated in the deed.
Because homeowner’s insurance policies cover accidents that happen on the insured premise, as stated by the policy, an ATV accident on the premise will be covered. However, you should examine your homeowner’s insurance policy to see if it covers “the insured” or “insured family members” for any incidents or accidents. This exclusion, according to at least one court, prevents non-related individuals from being covered by a homeowner’s insurance policy for an accident that occurs on the insured premises.
Insurance Coverage for Accidents On Land You Don’t Own
When an accident occurs outside of the insured’s premise, a normal homeowner’s insurance policy offers some liability coverage for the policyholder, but there are exceptions. The phrase “one exception” comes to mind “arises as a result of the presumption.”
When an injury happens outside of the premises, the courts must determine what caused the accident. Kentucky and Ohio have both determined that the phrase is defamatory “arises from the premise” solely refers to the land’s physical characteristics. For example, if you are riding an ATV in your neighbor’s field with permission and you drive over a large hole, causing the ATV to flip over and cause personal injury, Ohio and Kentucky have ruled that the accident is not your fault “Your homeowner’s insurance may deny you coverage if something “arises out of the premises.”
The same courts, however, have found that the phrase “The word “arises on the premises” does not apply to negligence-related accidents. For example, if you and your neighbor are riding ATVs in your neighbor’s field and your neighbor drives too close and hits your ATV, causing the ATV to flip over and cause personal injury, Ohio and Kentucky have determined that this accident does not constitute negligence “Your homeowner’s insurance would cover anything that “arises out of the premises.”
The courts separate the two instances by requiring the land to be “casually associated to the occurrence” when the phrase “arises out on the premise” is used. Your homeowner’s insurance will not cover the accident if the land is substandard and you do not own the land.
If the disaster occurs, help may still be available “arises on the premises,” but it would be the result of a legal battle with the proprietor.
Do I need ATV Insurance in Case I Get Injured in an Accident?
ATV insurance is not needed in Ohio or Kentucky, however due to the limited scope of coverage provided by homeowner’s insurance, you may want to see an insurance professional.
When traveling on federal or public land, some states require operators to carry evidence of ATV insurance with them at all times. This is not a necessity in Ohio or Kentucky, but it is in surrounding states like Pennsylvania. Furthermore, while Kentucky does not require ATV owners to register their vehicles with the state, Ohio does. When traveling between states, it’s best to verify the legislation of the destination state to see if any licensing or insurance is required.
In the event of theft, a homeowner’s insurance policy will not cover an ATV owner, but a separate ATV insurance policy will.
Will homeowners insurance cover ATV?
Your property coverage does not cover your ATV or UTV if it is damaged in an accident. A little electric scooter can be the sole motorized vehicle covered by homes insurance. Even if it was driven off a homeowner’s land, it may be excluded. A separate insurance coverage is required for any additional vehicle, such as a car, boat, or ATV.
How common are ATV accidents?
ATVs (all-terrain vehicles) are a popular motorized vehicle that allows users to travel off-road and at high speeds into the outdoors.
They have three or four wheels, low-pressure tires, a handlebar for steering, and hand controls for braking and accelerating, and are sometimes known as “quads” or “fourwheelers.” The bike is straddled by the rider.
There are ATVs manufactured specifically for children, and the age requirement will be listed on the ATV.
ATVs designed for adults typically run faster and are larger and heavier than those designed for children or adolescents.
A UTV, or Utility Task Vehicle, is another type of ATV. It is a four-wheeled off-road vehicle with a steel cage and seat belts as well as a windscreen. It is designed to accommodate more than one rider.
According to the federal government, 362 people died in ATV accidents in Alabama between 1982 and 2014.
Every year, roughly 135,000 people are wounded in ATV-related incidents across the country. Between 300 and 400 persons are killed in these accidents each year, with one-third of them being children under the age of 16.
According to the US Department of Transportation, the most ATV operators died between the ages of 15 and 24. (DOT).
According to the National Highway Traffic Safety Administration (NHTSA) crash statistics from 2004 to 2013, the age range of 35 to 44 had the greatest percentage of ATV operators engaged in fatal crashes with a blood alcohol content (BAC) of 0.08 percent or higher.
According to the Consumer Federation of America, there were 8 ATV-related fatalities in Alabama in 2018.
In 2009, the state’s death toll peaked at 20 ATV occupant deaths.
According to the CPSC, this figure is on the rise due to the increased sales of ATVs. Off-road injuries are most common in the summer.
When a person is flung from an ATV and suffers head trauma or physical harm, injuries occur.
When riding an ATV, be sure you’re wearing a DOT-approved helmet that protects your eyes and head. Make sure the chin strap is secure and that it fits appropriately.
- Wear goggles, long pants, long sleeves, over-the-ankle boots, and gloves to stay safe.
- Take an ATV Rider Course, which may be available for free when you buy a new ATV.
- ATVs are built to be taken off the beaten path. Do not ride on a paved road since the solid rear axle makes turning on paved surfaces difficult and unsafe.
- Ascertain that the air pressure matches the recommended tire pressure and that both sides are inflated to the same level.
- To avoid losing control, make sure axle nuts are securely fastened and wheel nuts are appropriately tightened.
- Avoid hills that look to be overly steep, and never ride ahead if you can’t see the road.
It’s conceivable that your ATV’s system contains a faulty component. As a result, some have been recalled due to faulty clutches, tires, fenders, or throttles. You may be eligible to pursue a product liability claim against the manufacturer if a defective part caused your ATV accident.
Kawasaki, for example, has lately issued a recall for around 2,600 Teryx off-highway vehicles due to an improper joint assembly that could result in steering loss. Kawasaki also issued a recall in March for nearly 2,600 Mule Pro MX off-highway utility vehicles due to a problem with the gasoline tank cap gasket, which could let fuel to escape and present a fire hazard.
The largest recall occurred in 2016, when 133,000 Polaris off-highway vehicles were recalled owing to a fire hazard. The company has received reports of fires, one of which resulted in the death of a 15-year-old passenger in a fire-related accident.
Attorney J. Allen Brown will investigate the reason of your off-road vehicle’s crash as part of our representation of your interests. Mr. Brown will investigate your case thoroughly if you were injured as a result of the negligence of others. For a free consultation and case evaluation, call his Mobile office at 251- 220-3199.
Can you insure an ATV?
In the event of an accident or other form of damage, ATV insurance can assist protect you. Liability, collision, and comprehensive coverage options are common in ATV insurance policies, as are add-on coverages including uninsured/underinsured ATV coverage.
What does UTV stand for?
UTVs, or Utility Terrain Vehicles, are designed and used for labor rather than leisure. They are huge, strong, and include plenty of storage space as well as the ability to seat passengers side by side. They’re frequently utilized to transport equipment and supplies in places where utilizing a truck would be impractical or impossible.
Seating and passenger capacity
In most cases, a UTV can accommodate two to four passengers safely. The vehicle’s moniker “side-by-side” comes from the fact that passengers sit side by side. The UTV may also be referred to as a SxS, which refers to the seating layout.
Safety equipment
UTVs offer greater safety features than ATVs, with occupant restraints (seatbelts) regarded standard and the option to install a windscreen and roll bars.
Uses
UTVs have a large amount of storage. They’re best known for transporting feed, hay, and supplies on farms, but they’re also gaining popularity in non-agricultural areas. They’re commonly seen at schools, where they’re used to haul water bottles, sports equipment, and even athletes on occasion.
UTVs are becoming a popular choice for transporting equipment in a variety of industries due to the numerous customizations available.
Where do most ATV accidents happen?
These four-wheelers are prone to tragic accidents because they make it easier for their riders to utilize them off-road. Even though accidents are a natural part of life when people use various sorts of machinery, that does not mean you accept the reality of this critical issue.
Clearly, there must be some underlying reasons for the rise in ATV accidents and injuries, as evidenced by the following statistics:
- The annual total number of ATV-related accidents and injuries has increased from 10,000 in 1982 to a staggering 15,000 in 2017. This 50 percent increase can be attributable to a variety of variables, the most important of which being the increasing use of four-wheelers.
- Every year, the number of ATV-related fatalities has increased. In 1982, for example, there were 29 such cases, but by 2007 the number had risen to 766 fatal injuries.
- Between 1982 and 2009, there were 10,281 deaths reported as a consequence of ATV accidents, and this number is expected to rise as more individuals utilize these four-wheelers.
- According to statistics, more than a quarter (or 25%) of the accidents and injuries caused by ATVs were among young people under the age of 16. This is a significant amount, given that four-wheelers are an excellent choice for young people who are likely to participate in a variety of off-road activities.
- ATV accidents and injuries are unusually high among white guys between the ages of 18 and 30. Victims in this age group are the most active and adventurous in any society.
- A shocking 80% of ATV fatalities occur in the hands of the drivers, not the passengers. Perhaps the drivers are at a higher risk of injury as a result of attempting to control the vehicles right before the collision.
- Despite accounting for 15% of riders, children account for roughly 27% of those injured by four-wheelers. This is owing to the fact that youngsters have less experience with ATVs and have a limited awareness of the consequences of irresponsible driving.
- In the United States, 19 states do not have legislation mandating ATV riders to wear helmets, while 22 states do not have a minimum driving age restriction. This remark clarifies why there are so many occurrences of injury among young people, particularly in states where there are no restrictions governing the age at which these quads can be driven.
- According to one study, the average age of the majority of ATV drivers is 12.8 years old.
- In 2011, it was reported that over 107,500 people were treated in emergency rooms after being involved in an ATV accident.
- The good news is that since 2007, statistics show a continuous decrease in emergency room visits as well as accident rates related to ATV use.
- In 2011, 29,000 emergency room visits were recorded, mostly from youngsters under the age of 16, with 57 deaths coming from ATV accidents.
- Today, the majority of ATV injuries and accidents occur on roads or highways. This is unfortunate because these four-wheelers were not designed to be driven on highways, despite the fact that they have occasionally done so.
- In the United States, 69 percent of states allow four-wheelers on certain roadways, but only under specified circumstances.
- The year 2007 is recognized as the year when the risk of accidents and injuries when riding these four-wheelers reached a peak of 153.9 per 10,000 trips.
- ATV accidents and injuries result in devastating spinal cord and brain damage in over 75% of all cases. This is extremely concerning, given that the brain and spinal cord are two fragile but vital organs in the human body.
- Since 1992, annual reports on the total number of four-wheeler injuries and accidents have nearly tripled.
- Driving ATVs has been lumped in with diving and playing American Football in terms of being one of the leading causes of accidents resulting in Traumatic Brain Injury (TBI) in young individuals under the age of 17.
- A total of 43% of the 2,865 ATV-related injuries in children aged 16 and under were found to be younger than 12 years old.
- There was no linear trend in the number of ATV-related emergency departments that treated fatal injuries between 2001 and 2011.
- In 2011, the emergency department of treated injuries involving all ages saw 87 percent of the victims being labeled as treated for injuries and then discharged to go home, out of the 107,500 projected cases that were believed to be ATV-related.
- According to data, the arm accounts for 29 percent of all ATV-related injuries. However, the head and neck account for additional 28% of the victim’s injuries.
The extent of fatalities and injuries caused by riding ATVs may be seen in the data.
It doesn’t mean that these four-wheelers are inherently dangerous or that they are the primary source of the carnage; rather, it implies that if safety precautions are not taken when driving them, they can become harmful to the riders, passengers, and other road users.
As a result, extreme caution and training are required to ensure that ATV-related injuries and accidents are kept to a minimum.
How do most ATV accidents happen?
While there is no single cause for all ATV accidents, many of them are caused by the driver’s or another person’s negligence or recklessness. Drunk driving, reckless speeding, hill-climbing, vehicle overturn, and the list goes on and on are all potential causes of ATV accidents.
What state has the most ATV accidents?
West Virginia, which has an extensive ATV trail system, has had the highest per capita number of deaths in recent years.
What is a comprehensive insurance?
When you get comprehensive coverage, it helps cover the cost of damages to your vehicle that aren’t caused by a collision. Theft, vandalism, hail, and hitting an animal are all covered with comprehensive coverage. For example, if you are driving and struck a deer, comprehensive coverage would cover the damage. Comprehensive coverage does not apply if you swerve to avoid hitting a deer and hit a tree because this is considered a collision with an item.
You can add comprehensive coverage to your policy to help protect your vehicle. Unlike some other coverages, comprehensive does not have a limit. The maximum amount it will pay is determined on the vehicle’s real cash worth. Your chosen deductible will be your responsibility to pay.
Is ATV insurance required in California?
- In the United States, ATVs cause an average of 700 deaths and over 100,000 injuries each year.
- ATV accidents claimed the lives of 794 California people between 2015 and 2017.
It’s exciting to hit the trails on a quad, 3-wheeler, or other ATV in this state, but keep in mind that these powerful vehicles may reach very high speeds. As a result, accidents and injuries do occur from time to time. You may be able to prevent significant financial damages following an ATV collision if you have enough insurance coverage.
CA State Laws Regarding All-Terrain Vehicle Use
ATV laws are governed by the California Department of Parks and Recreation. The following are some requirements that citizens should be aware of:
- All ATV owners must title and register their vehicles, as well as have a numbered plate mounted to the vehicle; registration must be renewed annually.
- On public lands, no one under the age of 18 may operate an ATV unless they meet one of the following criteria:
- On public lands, no one under the age of 14 may operate an ATV unless both of the following conditions are met:
- They have a safety certificate or are accompanied by an adult who has one.
- If the ATV’s design allows for passengers, operators may have one passenger when riding on public lands.
- Operators are not permitted to ride on roadways until they are crossing to the other side.
Why Should California Residents Consider ATV Insurance?
There are numerous picturesque ATV tracks in California. You may find a location to ride in this state whether you love riding through forests, around lakes, or through steep terrain, or through mud bogs, sand drags, or play pits. These pathways, while enjoyable and beautiful, can also be dangerous. When you ride an ATV, you run the risk of colliding with another vehicle or a fixed item like a rock or a stump.
Accidents involving ATVs can result in injuries and, in some cases, costly vehicle damage. If you cause harm or injury to a third person, you may be held liable for damages such as lost earnings and punitive penalties. You may rest easy knowing that your finances are safe with ATV insurance.
What Does ATV Insurance Cover?
- Liability: If you cause an ATV accident that causes injuries or property damage to a third party, that person may sue you for the costs incurred. Up to your coverage level, liability insurance covers these expenditures, as well as any associated court charges and legal fees.
- Medical payments: Medical treatment for injuries experienced in an ATV accident can be costly if you or a passenger on a passenger-equipped ATV is required. These costs are covered by medical payments insurance.
- Collision damage: If your ATV is damaged in a collision, collision coverage may be able to help you pay the costs of repairing or replacing it, regardless of who is at blame.
- Non-collision damage: Comprehensive coverage may be able to help you with the costs of repairing or replacing your ATV if it is damaged in a covered incident other than a collision, such as a fire, flood, or vandalism.
- Uninsured/underinsured motorists: If an uninsured or underinsured ATV operator injures or damages your ATV and is unable to cover the charges, this insurance coverage may be able to compensate you.
- Trailer damage: If your trailer is damaged while being stored or transported to and from the trails, trailer insurance may be able to cover the cost of repair or replacement.