West Virginia ATV and UTV Accident Lawyers

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 9, 2026

Off-road riding is part of life in West Virginia, from family farms to the Hatfield-McCoy trail system. But ATVs and UTVs are heavy, can roll over easily and offer little protection in a crash. Riders and passengers often suffer fractures, spinal injuries, head injuries and crush injuries.

Slavey & Shumaker PLLC helps people hurt in off-road vehicle crashes throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. For an overview of our injury practice, see our personal injury lawyers page.

1. What Counts as an ATV or UTV

For the ATV article of the Code, “all-terrain vehicle” includes ATVs, UTVs, motorcycles and off-highway vehicles (W. Va. Code § 17F-1-9).

2. West Virginia ATV Rules

Violating a safety rule can be important evidence of negligence. Under W. Va. Code § 17F-1-1(a), an ATV may not be operated:

• On an interstate highway, except by public safety personnel responding to emergencies
• On a road with a center line or more than two lanes, except to cross at about a right angle after a complete stop, yielding to oncoming traffic, with lights on if equipped
• With more than one passenger, unless the manufacturer allows more
• With a passenger under 18, unless the operator is 18 or older or has at least a level two intermediate driver’s license or its equivalent
• Unless riders under 18 wear size-appropriate protective helmets meeting the listed safety standards
• From sunset to sunrise without an illuminated headlight and taillights

An ATV may travel on the shoulder of such a road, other than an interstate, for up to 10 miles between a residence or lodging and trails or riding areas, at 25 miles per hour or less (§ 17F-1-1(b)). A person operating an ATV on a public road is subject to the duties of a vehicle driver under the traffic code where they apply (§ 17F-1-7(a)). Most rules of the article do not apply on the owner’s own land or on private land with permission, but the passenger and helmet rules still do (§ 17F-1-5).

Street-Legal ATVs and UTVs

West Virginia also allows an ATV, UTV or other special purpose vehicle to be driven on streets and highways if it qualifies as a “street-legal special purpose vehicle” (W. Va. Code § 17A-13-1(a), (b)). Under that statute:

• A street-legal special purpose vehicle may not be operated on a controlled-access highway, such as an interstate, or where the county, municipality or Division of Natural Resources prohibits special purpose vehicles (§ 17A-13-1(c))
• Street-legal special purpose vehicles “are prohibited from traveling a distance greater than 20 miles on a highway displaying centerline pavement markings” (§ 17A-13-1(d))
• The vehicle is subject to West Virginia’s certificate of title laws, may be registered in the same manner as a motorcycle, and must comply with the Division of Motor Vehicles’ licensing, fee and other requirements (§ 17A-13-1(e), (g), (i))
• The owner must equip the vehicle with headlamps, tail lamps, brake lamps, a license plate lamp, rear red reflectors, turn signals, brakes other than a parking brake, a horn, a muffler, left and right rearview mirrors, a windshield (unless the operator wears eye protection), an illuminated speedometer, a passenger seat if designed to carry passengers, and tires with at least 2/32 inch of tread (§ 17A-13-1(j))
• The statute does not allow a street-legal special purpose vehicle to be driven in an area that is not open to motor vehicle use (§ 17A-13-1(f))

After a crash on a public road, these rules can matter. Whether an ATV or UTV was street legal, properly equipped and lawfully on that road can affect arguments about fault and which insurance policies apply, so we look at the vehicle’s title, registration and equipment early in every road crash case.

3. Common Causes of ATV and UTV Crashes

4. Who May Be Responsible

Depending on the facts, responsible parties may include the operator of the ATV you were riding on, another rider, a motorist, a rental or tour company, or a manufacturer or seller of a defective machine. You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)). West Virginia generally holds each defendant liable only for its own percentage of fault (§ 55-7-13c(a)), so identifying every responsible party matters.

Insurance can be complicated. An ATV may be covered by a homeowner’s policy, a separate recreational vehicle policy or no policy at all, and some policies exclude off-road vehicles. Your own auto policy’s uninsured and underinsured motorist coverage may apply in some crashes involving motor vehicles, depending on its terms.

5. Landowners and Trail Systems

West Virginia law encourages landowners to open their land to recreation by limiting their liability. A landowner owes no duty to keep the premises safe for recreational use, or to warn of dangerous conditions, to people who enter for recreational purposes, which expressly include all-terrain vehicle riding (W. Va. Code § 19-25-2; § 19-25-5). The protection does not apply to deliberate, willful or malicious infliction of injury, or where the landowner charges a fee for use or entry onto the property (except for payments made to the owner by federal, state, or local government agencies) (§ 19-25-4).

Owners of land used by the Hatfield-McCoy Regional Recreation Authority have a similar protection, whether or not there is a charge, except for deliberate, willful or malicious injury (§ 20-14-9). These rules protect landowners, not careless riders, drivers or manufacturers, and riders still must use due care.

6. Compensation After an ATV Crash

When a crash causes a death, the family’s claim is governed by the wrongful death statute; see our wrongful death page.

7. What to Do After an ATV or UTV Crash

8. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, investigate off-road crashes, identify every responsible party and insurance policy, and pursue full compensation. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

9. Frequently Asked Questions About ATV and UTV Accidents

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.