Great Falls ATV Accident Lawyer | Montana UTV Rollovers

Great Falls & MontanaATV & Off-Road

Great Falls & Montana ATV Accident Lawyers: ATV, UTV, Side-by-Side and Off-Road Vehicle Crashes and Rollovers

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If you were hurt in an ATV, UTV or side-by-side crash in Montana, you may have a claim against a careless driver, the vehicle’s manufacturer, a rental or tour company, or a landowner, depending on how it happened. Montana law says off-highway riders accept the natural risks of the sport, such as rough terrain, but not another person’s careless driving or a defective machine. Most claims must be filed within three years.

Key Takeaways
Montana defines an off-highway vehicle broadly, to include motorcycles, quadricycles, dune buggies and other motorized land vehicles used for recreation or cross-country travel on public lands, trails and waters (§ 23-2-801, MCA).
Riders accept the risks inherent in off-highway use, like terrain, streams, rocks and trees, but every operator must maintain control of speed and course and avoid conduct that may injure anyone (§ 23-2-822, MCA).
The operator statute expressly preserves product liability claims for defective off-highway vehicles and safety equipment (§ 23-2-822(4)).
Most injury claims must be filed within 3 years (§ 27-2-204, MCA).

On this page: Montana’s OHV law · Inherent risks · Who is responsible · Rollovers and defects · Tours and rentals · Roads and young riders · Private and public land · What to do · Damages and deadlines · Why Boland Aarab · FAQ

Hurt in an ATV or side-by-side crash? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What Montana laws apply to ATVs and UTVs?

Montana’s off-highway vehicle law, in Title 23, chapter 2, part 8 of the Montana Code, governs ATVs, UTVs, side-by-sides and off-road motorcycles used for recreation.

An off-highway vehicle is a self-propelled vehicle used for recreation or cross-country travel on public lands, trails, easements, lakes, rivers or streams. The definition expressly includes motorcycles, quadricycles, dune buggies, amphibious vehicles and air-cushion vehicles, and any other means of land transportation powered by something other than muscle or wind. It excludes vehicles designed primarily for travel on water, snowmobiles, and registered, titled vehicles unless they are used for off-road recreation on public lands (§ 23-2-801, MCA).

A vehicle used for off-road recreation on public lands must display a decal showing that the required fees have been paid (§ 23-2-804, MCA). Ordinary negligence law applies alongside these statutes. Each person is responsible for injuries caused by a want of ordinary care in managing their property or person (§ 27-1-701, MCA).

What risks does an ATV or UTV rider accept under Montana law?

An off-highway operator accepts legal responsibility for injuries to the extent they result from risks inherent in the sport, which the statute describes as natural hazards.

Under § 23-2-822(2), MCA, the inherent risks include variations in terrain, surface or subsurface conditions, crevices, ravines, streams, poor visibility, rocks, trees, other forest growth or debris, and any other natural hazard.

The same statute places duties on every operator. Each operator is responsible for:

knowing the range of his or her ability to navigate a slope, trail or area, taking the conditions into account;
maintaining control of speed and course at all times;
heeding all posted warnings; and
refraining from acting in a manner that may cause or contribute to the injury of anyone (§ 23-2-822(3)).

In other words, the statute protects against claims for a rider’s own encounter with a natural hazard. It does not excuse a driver who rolls a side-by-side with passengers aboard by taking a hillside too fast, who collides with another rider on a blind curve, or who drives after drinking. And it expressly does not affect product liability claims based on the design or manufacture of off-highway vehicles or safety equipment (§ 23-2-822(4)).

Who can be responsible for an ATV or UTV crash?

Depending on the facts, responsibility can fall on:

The driver, for speed, impairment, inexperience or reckless operation, including a driver who carries more passengers than the machine is designed for.
The vehicle’s owner, for letting an inexperienced or impaired person drive, or for failing to maintain the machine.
The manufacturer and sellers, for design or manufacturing defects (§ 27-1-719, MCA).
A rental or guided-tour company, for poor maintenance, inadequate instruction, unsafe routes or careless guides.
A landowner or business, for a hidden, man-made hazard such as an unmarked cable, fence or excavation.
A driver of a car or truck, when a crash happens on or across a public road.
A government entity, in limited circumstances, for a dangerous road or crossing. Claims against the State, a county or a city require written presentation first (§ 2-9-301, MCA).

Many ATVs and UTVs are not covered by an auto policy; a homeowner’s, farm and ranch or recreational-vehicle policy may apply instead.

When is an ATV or UTV crash a product defect case?

A crash is a product case when a defect in the machine or its safety equipment caused the crash or made the injuries worse.

Under Montana’s strict product liability statute, a seller of a product in a defective condition unreasonably dangerous to the user is liable for the physical harm it causes, even if the seller exercised all possible care (§ 27-1-719, MCA). Off-highway defect claims often involve:

Rollover propensity, from a high center of gravity, narrow track width or poor stability.
Inadequate occupant protection, such as a roll cage that collapses, or doors, nets and restraints that fail to keep occupants inside during a rollover.
Seat belts that unlatch or fail.
Throttles that stick, brakes that fail, and steering failures.
Fires from fuel-system or electrical defects.
Inadequate warnings about passengers, speed or terrain.
Defective helmets and other safety gear.

Manufacturers often blame the driver; the machine itself and engineering analysis answer that defense, so keep the vehicle as it is. Montana’s product statute has a 10-year statute of repose, measured from the product’s first sale, with exceptions, so an older machine requires prompt review (§ 27-1-719(6)(b)). See our product liability page.

What if you were hurt on a guided tour or rental?

A tour or rental company can be responsible for its own negligence, such as poorly maintained machines, inadequate instruction, a guide who leads riders onto unsafe terrain, or renting to someone who is impaired or too young.

Most companies require a signed release. Whether it will be enforced is not a simple question in Montana. Montana law has long treated contracts that exempt someone from responsibility for negligent violations of law as against public policy (§ 28-2-702, MCA). The general recreation statute allows properly written releases of ordinary negligence for many activities (§ 27-1-753, MCA), but it states that it does not apply to duties, liability or immunity related to off-highway vehicles under § 23-2-822 (§ 27-1-754, MCA), and it does not apply to claims based on the provision or maintenance of recreational equipment (§ 27-1-753(4)).

The effect of those provisions on a particular off-road tour or rental release is unsettled, so we review the release, the machine’s maintenance history and the route.

Can ATVs and UTVs be driven on Montana roads?

Only in limited circumstances. Montana restricts off-highway vehicles on public roads and sets rules for young operators.

Under § 23-2-824, MCA:

An off-highway vehicle may be operated on a controlled-access highway only if it is registered and licensed and the operator holds a valid driver’s license.
On other public roads, operation is allowed only where authorized by the city or town (for its streets), the county commissioners (for county roads) or the highway patrol, or by ordinance.
The vehicle must have at least one headlamp and one taillamp, lighted at all times during operation, and working brakes.
Operators generally must hold a driver’s license. A rider 12 to 15 may operate a motorcycle or quadricycle with an off-highway vehicle safety certificate while accompanied by a licensed driver, and a child under 12 may operate one on unpaved roads only when accompanied by an adult and in a reasonable and prudent manner.

Montana’s helmet law requires riders under 18 to wear protective headgear on a motorcycle, moped, motorized scooter or quadricycle on Montana streets and highways (§ 61-9-417, MCA).

A car or truck driver who strikes a lawfully operated ATV on or across a road can be responsible as in any other car accident.

Does it matter whose land the crash happened on?

Yes. Where the crash happened can change who is responsible and what must be proven.

Private land used without charge. A landowner who lets people use land for recreation without charge owes them no duty about the condition of the property, except for willful or wanton misconduct (§ 70-16-302, MCA).
Commercial operations and paid access. When a business charges for access, a track or a tour, ordinary duties of reasonable care generally apply.
Federal land. Much of Montana’s trail riding is on national forest and Bureau of Land Management land. A claim involving a federal employee or facility must be presented to the agency within two years (28 U.S.C. § 2401(b)).
Farms and ranches. Many serious ATV and UTV crashes happen during ranch and farm work. When the injured person was working, workers’ compensation and third-party claims may both be involved; see our workplace injury page.

What should you do after an ATV or UTV crash?

Get medical care. Rollover injuries to the head and spine are not always apparent at first.
Report the crash to law enforcement.
Photograph the scene, the terrain, any signs and the vehicles’ final positions.
Preserve the machine, your helmet and your gear. Do not let the vehicle be repaired, sold or salvaged.
Keep the rental agreement, release and tour paperwork, and save GPS tracks and video.
Get names of other riders, guides and witnesses.
Do not give a recorded statement to an insurer or manufacturer before talking with a lawyer.

What can you recover, and how long do you have?

Montana law allows recovery for the full harm an off-road crash causes, including past and future medical care, lost earnings and earning capacity, pain and suffering, and loss of the established course of life. When a crash takes a life, the family may bring wrongful death and survival claims (§§ 27-1-513, 27-1-501, MCA). Rollovers often cause traumatic brain injuries, spinal cord injuries, burns and crush injuries.

Your recovery is reduced by your share of fault and is barred only if that share is greater than the combined fault of the defendants (§ 27-1-702, MCA).

Deadlines:

3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
10-year product repose from first sale, with exceptions (§ 27-1-719(6)(b), MCA).
Claims against the United States must be presented within 2 years (28 U.S.C. § 2401(b)); claims against Montana government entities require written presentation first (§ 2-9-301, MCA).
Minors: the time of minority generally is not counted (§ 27-2-401, MCA).

The Boland Aarab Way

We are trial lawyers, and we prepare every case as if it will be tried and then appealed. Off-road cases often involve a manufacturer, a tour company and several insurers, each pointing at the others. We sort out the facts and prepare the case for a jury.

We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137 (case summary).
We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle ATV and UTV accident cases?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle ATV, UTV and off-road vehicle cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle product liability, motorcycle accident and boating accident cases.

Where do we handle ATV and off-road accident cases?

Frequently Asked Questions

Can I sue after an ATV or UTV accident in Montana? Yes, when someone else’s carelessness or a defective machine caused the crash. Montana riders accept natural risks such as terrain, rocks and streams, but every operator must control speed and course and avoid conduct that may injure anyone (§ 23-2-822, MCA).

I was a passenger in a side-by-side rollover. Who pays? Often the driver’s or owner’s insurance, which may be a homeowner’s, farm and ranch or recreational-vehicle policy rather than an auto policy. If a defect contributed, the manufacturer may also be responsible.

Can I sue the manufacturer if my UTV rolled over? Possibly. Montana’s operator statute expressly preserves product liability claims for defective off-highway vehicles and safety equipment (§ 23-2-822(4)), and the manufacturer may be strictly liable for a defect (§ 27-1-719, MCA).

Does a signed waiver from a rental or tour company bar my claim? Not necessarily. Montana’s general recreation statute on releases does not apply to off-highway vehicle duties under § 23-2-822 (§ 27-1-754, MCA), and Montana law has long disfavored releases of negligence (§ 28-2-702, MCA). Have a lawyer review the release.

Are ATVs allowed on Montana roads? Only where authorized by the city, county or highway patrol, or on controlled-access highways if registered and licensed (§ 23-2-824, MCA). Operators generally need a driver’s license.

Do kids have to wear helmets on ATVs in Montana? Montana requires riders under 18 to wear helmets on a motorcycle or quadricycle on streets and highways (§ 61-9-417, MCA). Helmets are strongly recommended everywhere.

What if the crash happened on someone’s ranch or private land? A landowner who allows free recreational use is liable only for willful or wanton misconduct (§ 70-16-302, MCA), but the driver, the owner of the machine or a manufacturer may still be responsible.

How long do I have to file an ATV accident lawsuit in Montana? Generally 3 years (§ 27-2-204, MCA). Claims against government entities and the United States have separate notice requirements.

Talk to a Great Falls ATV Accident Lawyer