Who Can Be Held Liable After an ATV Accident in Maine?
Written By: BOSS Editorial
Reading Time: 4 minutes
An ATV accident can turn a fun day on Maine’s trails into a life-changing event. Riders deal with rough terrain, sharp turns, and other vehicles on shared trails, so injuries can be severe when someone gets careless. If you got injured in an ATV accident, you probably want to know who has to pay for your medical bills and lost wages. Maine law points to more than one party who might owe you money after a crash. The legal team at Joe Bornstein’s office sees these cases often and knows how Maine’s ATV laws apply to real situations.
The ATV Operator’s Duty to Ride Safely
The person driving the ATV is usually the first party people look at after a crash. Every rider owes a duty to control their machine, watch their speed, and follow marked trails. When a driver ignores this duty by speeding, riding drunk, or ignoring trail signs, they open themselves up to a claim for the harm they cause.
Common mistakes include passing on blind curves, riding drunk, and overloading the ATV with passengers. A rider who breaks these basic safety rules and hurts someone else usually bears a large share of the blame. Even a moment of carelessness, like checking a phone while riding, can leave another rider seriously hurt.
Owners and Parents Can Share Legal Responsibility
The rider is not always the only one who can be held responsible. Under 12 M.R.S. § 13158-A, the owner of an ATV can be held liable along with the rider if the vehicle was operated in a way that broke the law. Parents face the same risk if a minor in their care causes a crash while riding illegally.
Parties who may share the blame include:
- ATV owners
- Parents or guardians
- Anyone who lent the ATV
Maine also sets clear age rules under 12 M.R.S. § 13154-A. Children under 10 cannot operate an ATV at all, and riders age 10 through 15 need a safety course and adult supervision. When a parent lets a child ride outside these rules, and someone gets hurt, that parent can share the blame too.
Landowners and Trail Operators May Have Limited Liability
Many ATV accidents happen on private land or club-run trails, which raises questions about the landowner’s role. Maine’s recreational use law, 14 M.R.S. § 159-A, protects landowners who let people ride on their property free of charge. This law lists ATV riding among the activities it covers. Because of this protection, landowners rarely have to pay for injuries tied to normal recreational use of their land.
That protection is not endless, though. A landowner can still be held responsible if they charge a fee for access, or if they knew about a hidden danger and chose not to warn riders. A hidden cable across a trail or an unmarked collapsed bridge could create liability. When a trail operator ignores a known hazard, this becomes part of your claim.
Manufacturers, Dealers and Rental Companies Can Be at Fault
Not every ATV accident comes from rider error. Sometimes a mechanical failure causes the crash. When a defect in the design or build of the ATV plays a role, the maker or seller of that vehicle can be held responsible for the injuries it caused.
Defects that often lead to crashes include:
- Faulty brakes
- Steering problems
- Worn tires
- Poor upkeep
Rental companies face similar exposure. Rental businesses must keep their machines in safe working order for visitors touring Maine’s trails. If a rental company hands over an ATV with a known problem, it can be held responsible for a crash tied to that neglect.
How Shared Fault Can Affect Your Claim
More than one person or company can share the blame for a single ATV accident. Maine follows a comparative negligence rule under 14 M.R.S. § 156, which lets you recover money even if you were partly at fault for the crash. Your payout gets reduced by your share of the blame, but you can still collect as long as you were less at fault than the other party.
For example, if an insurance company decides you were 20 percent at fault for a crash, your payout drops by that same percentage. If you are found 50 percent or more at fault, Maine law bars you from recovering anything. This makes it worth having your case looked at closely, since small shifts in fault can change your final payout.
Get Answers After a Maine ATV Accident
ATV accidents in Maine can involve several responsible parties, from the rider and owner to landowners, manufacturers, and rental companies, and sorting out who owes you money takes a close look at your crash. If you or someone you love got hurt in an ATV accident, reach out to a lawyer and get straight answers about your options.
