Bozeman, MontanaBozeman ATV Accident
Bozeman ATV Accident Lawyers: UTV, Side-by-Side and Dirt Bike Crashes in Gallatin County and the Custer Gallatin National Forest
Boland Aarab PLLP.
If you were hurt in an ATV, UTV, side-by-side or dirt bike crash near Bozeman, you may have a claim against a careless driver, the machine’s manufacturer, a rental or tour company, or a landowner. Montana riders accept the natural risks of the sport, such as rough terrain, but not someone else’s careless driving or a defective machine. Most claims must be filed within three years.
Hurt in an off-road crash in the Gallatin Valley? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do off-road crashes happen around Bozeman?
Off-highway riding in Gallatin County happens in three quite different settings, and each changes who may be responsible:
- National forest trails. Much of the riding near Bozeman is on the Custer Gallatin National Forest, in the Gallatin and Madison Ranges and the Bridgers. The Forest Service decides by order which trails are open to motorcycles, ATVs and other vehicles, and when. For example, a current order for the Hyalite Porcupine Buffalo Horn Wilderness Study Area bars motor vehicles yearlong except on listed motorcycle trails during a summer window, and restricts some trails by weekday (USFS travel order, May 2026–May 2027). Narrow, shared trails mean motorcycles, mountain bikes, hikers and horses can meet on blind corners.
- Farms and ranches. Side-by-sides and ATVs are everyday ranch tools in the valley around Manhattan, Amsterdam, Three Forks and Gallatin Gateway. Rollovers on hillsides and ditch banks, and children riding as passengers, are frequent concerns.
- Tours and rentals. Guided side-by-side tours and machine rentals around Big Sky and West Yellowstone serve visitors who may have never driven one. The company’s machines, instruction and route choices matter.
What happens after an ATV or UTV crash near Bozeman?
Rescue and care. Crashes on forest trails can be miles from a road. The Gallatin County Sheriff’s Office coordinates search and rescue in the county. Serious injuries are taken to Bozeman Health Deaconess Regional Medical Center, which the state lists as an ACS Level 3 / State Area Trauma Hospital; the most critical patients may be flown to a Level 1 center in Billings (DPHHS trauma facility list, Nov. 2025).
Reports. Report the crash to law enforcement: the Gallatin County Sheriff’s Office for most rural and forest crashes, the Montana Highway Patrol if a highway or road is involved. On national forest land, a Forest Service officer may also respond. Sheriff’s reports are available from Gallatin County Support Services/Records (gallatinmt.gov).
Preserve the machine. Keep the ATV or UTV, your helmet and your gear as they are. Rollover and occupant-protection cases depend on the machine itself: the roll cage, doors or nets, seat belts and throttle. Save GPS tracks, ride-app data and helmet-camera video.
The court. A case against a local driver, owner or tour company is filed in the Eighteenth Judicial District Court at the Gallatin County Law and Justice Center, 515 South 16th Avenue, Bozeman (§ 3-5-101, MCA). A defect case against a national or foreign manufacturer is often removed to the federal court’s Butte Division (D. Mont. L.R. 1.2). A crash in the Madison County part of Big Sky or the Madison Range may belong in a different state court.
Montana law that applies
Our Montana ATV and UTV accident lawyer page covers the rules in depth. In brief:
- Montana’s off-highway vehicle law covers ATVs, UTVs, dirt bikes and similar machines used for recreation on public lands and trails (§ 23-2-801, MCA). Snowmobiles are covered by separate rules.
- Riders accept the inherent risks of natural hazards such as terrain, rocks, trees and streams, but every operator must maintain control of speed and course and avoid conduct that may injure anyone (§ 23-2-822, MCA).
- That statute expressly preserves product liability claims for defective machines and safety equipment (§ 23-2-822(4); § 27-1-719, MCA).
- A landowner who allows free recreational use owes a limited duty (§ 70-16-302, MCA); a business that charges for tours or access generally owes reasonable care.
- A claim involving a federal employee or facility must be presented to the agency within two years (28 U.S.C. § 2401(b)).
- 3 years to file most claims (§ 27-2-204, MCA).
What about guided tours and rentals at Big Sky and West Yellowstone?
Tour and rental companies almost always require a signed release. Montana’s general recreation release statute does not apply to duties and liability under the off-highway vehicle statute (§ 27-1-754, MCA), and it does not cover claims about the provision or maintenance of equipment (§ 27-1-753(4), MCA). The result is that a tour release is not the end of the analysis. We look at the machine’s maintenance history, the instruction given, the guide’s route and the conditions that day.
Who pays?
Many ATVs and UTVs are not covered by an auto policy. Depending on who owned the machine and where it was used, a homeowner’s, farm and ranch, recreational-vehicle or commercial policy may respond. We identify every policy early, because the first one offered is often not the only one.
Why hire a Great Falls firm for a Bozeman case?
Off-road cases combine reconstruction, engineering and insurance coverage questions, and they often involve out-of-state manufacturers. We are based in Great Falls, handle cases throughout Montana, and our attorneys travel to Bozeman, Butte and the scene for inspections, depositions, hearings and trial. We do not have a Bozeman office.
The Boland Aarab Way
- More than 4,000 hours in the courtroom and more than a dozen jury trials in Cascade, Phillips, Meagher and Yellowstone Counties.
- Federal court experience in more than 40 cases in the U.S. District Court for the District of Montana over nine years, which matters when a manufacturer removes a case to Butte.
- Appellate strength. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle product liability cases in Bozeman and spinal cord injury cases in Bozeman. See our Bozeman personal injury page for more.
Frequently Asked Questions
I crashed on a national forest trail near Bozeman. Is that just an inherent risk? If the crash came from terrain or a natural hazard alone, often yes. If another rider was out of control on a shared trail, or the machine failed, you may have a claim.
Our side-by-side rolled on a ranch near Manhattan. Who is responsible? Possibly the driver, the owner who let an inexperienced person drive, or the manufacturer if the roll cage, doors or belts failed. Farm and ranch policies often cover these machines.
I signed a waiver for a UTV tour at Big Sky. Can I still bring a claim? Possibly. Montana’s general recreation release statute does not apply to off-highway vehicle duties or to claims about equipment maintenance, so the release needs a close review.
Who investigates an ATV crash in rural Gallatin County? Usually the Gallatin County Sheriff’s Office, with the Montana Highway Patrol if a road is involved and sometimes Forest Service officers on national forest land.
My teenager was hurt riding a friend’s ATV. What should we do? Get care, keep the helmet and gear, and do not let the machine be repaired or sold. Montana has age and certificate rules for young riders, and an owner who ignored them may share responsibility.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
