Boat, ATV, train and plane
Dallas ATV and off-road accident lawyer.
Most ATV and side by side injuries happen on private land, a trail park or a ranch, with no police report and no insurance card exchanged. That makes people think there is no claim. Often there is: a machine that rolled when it should not have, a rental outfit that skipped the safety briefing, a host who put a child on an adult machine, or a driver who was simply careless. We look at the machine, the place and the people, and tell you plainly whether there is a case.
Right now
If the ATV accident just happened.
- 01
Get medical care
Rollovers cause head, neck, chest and crush injuries that may not show right away. Go to the ER or your doctor and say how the accident happened.
- 02
Do not repair or sell the machine
If a part failed or the machine rolled too easily, the machine itself is the main evidence. Keep it as it is, and keep the helmet and any broken parts.
- 03
Photograph the place
The slope, the ditch, the hidden cable or hole, the trail markings or lack of them, and any warning signs. On a ranch, write down the gate or road you used.
- 04
Keep the paperwork
Rental agreements, waivers, receipts, the machine's make, model and serial number, and the names of everyone who was there.
- 05
Call us before you sign anything
An owner's insurer or a rental company may ask for a statement. You do not have to give one. The first consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- 2 years from the accidentSource: Tex. Civ. Prac. & Rem. Code 16.003
- If the injured person is a child
- The deadline usually does not start until age 18Source: Tex. Civ. Prac. & Rem. Code 16.001
- Defective machine claims
- Generally must be filed within 15 years of the saleSource: Tex. Civ. Prac. & Rem. Code 16.012
- Free recreation on private land
- Owner is liable only for gross negligence, bad faith or intentSource: Tex. Civ. Prac. & Rem. Code 75.002
- ATVs on public roads
- Allowed only in limited cases under Texas lawSource: Tex. Transp. Code ch. 551A
Texas law
How Texas law treats ATV and side by side accidents.
An ATV case can be a negligence claim against a driver, a product claim against the maker, a premises claim against a landowner or a claim against a rental business, and sometimes several at once. Texas has special rules that protect landowners who let people ride for free, so where you were riding and whether anyone paid matters.
| Who | When they may be responsible |
|---|---|
| The driver | Speed, reckless turns, carrying too many riders, driving after drinking. |
| The manufacturer or seller | A design that rolls too easily, weak roll protection, failed brakes, throttle or steering, missing warnings. |
| A rental business or trail park | Poor maintenance, no safety briefing, no helmets, putting riders on machines too big for them. |
| A landowner or host | Hidden hazards they knew about, letting a child ride an adult machine, or charging for access. |
Rollovers and defects
Side by sides and ATVs have been the subject of many federal safety recalls. When a machine rolls at low speed or a part fails, a product claim against the maker may apply, and the machine has to be preserved for inspection.
Source: Tex. Civ. Prac. & Rem. Code ch. 82Landowners who do not charge are protected
Texas protects owners who let people ride ATVs on their land for free, unless they acted with gross negligence, bad faith or intent to harm. Owners who charge for access can lose that protection.
Source: Tex. Civ. Prac. & Rem. Code 75.002, 75.003A waiver is not always the end
Texas courts require clear, conspicuous language before a waiver releases a business from its own negligence. A waiver a parent signs for a child is often not enforced against the child's own claim.
How we work
How we build an ATV case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Secure the machine
We arrange for the ATV or side by side to be stored safely and inspected by engineers when a defect is possible, and we check it against federal recall records.
02
Document the place
Photos, measurements and drone images of the trail or ranch road, before the ground changes or the hazard is fixed.
03
Read every contract and waiver
Rental agreements, park rules and waivers decide some defenses. We check whether they meet Texas requirements.
04
Find the insurance
A homeowner's or farm and ranch policy, a business policy for a rental outfit or park, or the manufacturer's coverage in a product case.
05
Value the injury and negotiate
We document medical care and lasting limits, send a demand backed by evidence, and file suit when the offer is not fair.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Questions people ask us about money and family.
- The accident happened at a relative's or friend's place
- Many families worry about suing someone they love. These claims are usually paid by a homeowner's or ranch insurance policy. We can explain how that works before you decide anything.
- Who pays my medical bills right now?
- Usually your health insurance, Medicaid or CHIP for a child, or a doctor who agrees to wait for the case. Some policies also have medical payments coverage regardless of fault.
- Do I need papers to make a claim?
- No. If someone else is responsible, you can make a claim. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
Trails, ranches and lease roads.
From our Oak Cliff office we handle accidents at North Texas trail parks, family land and ranch properties south and east of Dallas. Our Odessa office handles accidents on West Texas ranches and lease roads, where side by sides and ATVs are work machines as much as weekend fun, and where help can be a long way off.
FAQ
Questions people ask.
Can I sue if my ATV rolled over?
Possibly. If the machine rolled because of its design or a failed part, the maker may be responsible. If someone else was driving carelessly, or a rental business set you up badly, they may be. Keep the machine as it is and call us.
My child was hurt on an ATV at someone else's house
Safety groups and makers warn that children should not ride adult size ATVs. An adult who let a child ride a machine too big for them, or without supervision or a helmet, may be responsible. A child's deadline is usually paused until 18, but evidence is not.
I signed a waiver at the trail park. Do I still have a case?
Maybe. Texas courts read waivers strictly, and many do not meet the requirements to release a business from its own negligence. Product claims against the maker are not covered by the park's waiver. Bring us a copy.
I was hurt on a side by side at work on a ranch or lease
Then it may be a workplace case. Your options depend on whether your employer has workers' comp, and whether another company or the machine's maker is at fault.
How long do I have to file?
Generally two years from the accident, with the clock usually paused for children until 18. Product claims also have a 15 year limit from the sale. Call soon so the machine and the scene can be preserved.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Defective products
- Injuries to children
- Catastrophic injuries
- Brain injuries
- Premises liability
- Workplace injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.