Winter ATV, UTV, ROV, and OHV Accidents in Indiana and Illinois

Winter Weather and Growing Number of Defective Off-Road Vehicles Increase Risk of Fatal ATV Accident

Off-road motor vehicles are extremely popular for both recreational riding as well as for farming and ranching operations.  They go by a number of different names:  ATVs (all-terrain vehicles); ROVs (recreational off-highway vehicles); UTVs (utility task vehicles); and OHVs (off highway vehicles).

While they are more commonly used in the sunny summer days, a great many of these OHVs, ATVs, ROVs, and UTVs are operated during the winter months in Indiana and Illinois for all sorts of reasons.  

Winter Commercial Uses for Off-Road Vehicles

First, these off-road vehicles offer a variety of business uses during the winter months.  Both farmers and ranchers need them for all sorts of tasks that are not as easily undertaken using a jeep, tractor, or pickup truck.  These jobs include things like towing and hauling, as well as driving through snow to locate and feed livestock or other agricultural uses. Hunters also find these off-road vehicles useful for things like reaching remote wooded areas or hauling back kills. 

Winter Fun: Recreational ATV Riding

Second, winter weather does not stop recreational riding of ATVs in our part of the country.  Both Indiana and Illinois have winter riding trails open all year, which include:

Illinois All-Year ATV Riding Trails 

• Byron Motorsports Park in Byron, Illinois
• Ki Tracks ATV Park in Oregon, Illinois
• South Fork Dirt Riders in Taylorville, Illinois
• Atkinson Motorsports Park in Atkinson, Illinois
• Fox Valley Off Road Park in Ottawa, Illinois

   Indiana All-Year ATV Riding Trails 

• Badlands Off Road Park in Attica, Indiana
• Interlake State Recreation Area in Lynnville, Indiana
• Haspin Acres in Laurel, Indiana.

Some of these trail facilities promote and encourage winter riding with things like free hot chocolate, free coffee, and free pizza.  For riding enthusiasts, there is no reason to garage any all-terrain vehicle when the summer ends.  The fun of riding along snowy trails, discovering scenic views, and admiring untouched nature gets many ATV owners out of doors in both Indiana and Illinois.

Winter Accident Risks for Off-Road Vehicles

Riding an off-road vehicle through the snow for either business or pleasure brings its own kind of challenges.  The trail can change within hours; hard snow can change quickly to an impassible or treacherous path. 

The ATV (ROV, UTV) is also vulnerable to the cold, wet, wintery conditions.  They can stall, leaving the driver vulnerable.  Unseen path hazards can cause the vehicle to lose traction or overturn. 

Winter riding is by definition dangerous for these types of machines.  Nevertheless, for some the unique winter perils for all-terrain vehicles can be “half the fun” of winter recreational riding.

Likelihood the ATV is Dangerous and Subject to Recall

Aside from the inherent dangers of operating an ATV (ROV, UTV) in winter conditions is the worry that the vehicle itself is dangerously defective.  Specifically, a tremendous concern for these all-terrain vehicles is how often they are subject to recall. 

These are serious recalls, where the manufacturer warns that the vehicle should not be driven because the product defect makes them too danger to operate. 

Read, “An Analysis of OHV Recalls: Increasing Number of OHVs Pulled from Market Due to Safety Concerns,” written by Rachel Weintraub and published by the Consumer Federation of America (CFA) on May 20, 2019.

Huge Number of Polaris ATVs and ROVs Recalled as Dangerous and Deadly

Last month, FairWarning reported on the continuing dangers for Polaris ATVs and ROVs because of dangerous fires, keeping Polaris Industries as the “no. 1 company for [ATV and ROV] recalls” according to research findings of the nonprofit Consumer Federation of America. 

Polaris vehicles have resulted in the deaths of four burn victims and dozens more suffering serious burn injuries.  The risk of fire in a Polaris ATV or ROV has resulted in “hundreds of thousands” of recalls (79,508) and a record-breaking $27.25 million fine imposed by the federal government on Polaris Industries for delays in reporting the danger.  The problems with Polaris vehicles include things like incorrectly routed fuel lines.

For more, read “The Polaris RZR, an Off-Road Thrill That Can Go Up in Flames,” written by David Jeans and published in the New York Times on September 6, 2019, and “As the recalls pile up at Polaris, the trouble gets deeper and deeper,” written by Dee DePas and published in the Minneapolis Star Tribune on April 24, 2017.

Polaris is Not Alone; Most Every ATV Maker Has Recalls

Other significant recalls of thousands and thousands of these off-road motor vehicles where the vehicle is ruled too dangerous to operate include:

• Kawasaki ATVs (steering issue)
• Yamaha Grizzly ATVs (brakes issue)
• Polaris Sportsman ATVs (steering issue)
• Honda ATVs (throttle freeze issue and steering issue)
• KTM North America Inc. ATVs (brakes issue and steering issue)
• KYMCO ATVs (speed control issue and suspension failure issue).

ATV Sales of Recalled Vehicles

Of particular concern here is the reality that many of the dangerous ATVs have been sold.  The CFA report quotes the Consumer Product Safety Council (CPSC) as tallying 1,171,198 vehicles that were subject to 92 recalls and were subsequently sold.

Serious Injury or Death in Winter ATV Accident

Even more troubling is the percentage of recalled all-terrain vehicles that have resulted in serious bodily injury or death.  According to the 2019 calculations, over 25% of these recalled off-the-road motor vehicles have hurt people, sometimes fatally.

Winter ATV (ROV, UTV) Accident victims can be serious injured or killed in incidents where:

• The ATV (ROV, UTV) failed due to a design defect;
• The ATV (ROV, UTV) failed because of a manufacturing flaw;
• The ATV (ROV, UTV) failed because of an unrepaired defect subject to recall;
• The ATV (ROV, UTV) was negligently maintained;
• The ATV (ROV, UTV) was negligently repaired;
• The ATV (ROV, UTV) was sold without repair of the recalled defect;
• The ATV (ROV, UTV) was sold without notice of the recalled defect;
• The ATV (ROV, UTV) was negligently driven; or
• The ATV (ROV, UTV) was negligently supervised.

For more, read:

1. ATV Accidents: Special Dangers Facing Children in All-Terrain Vehicle Crash
2. ATV Crash: 6-Time Olympic Gold Medalist Suffers Severed Spine & ATV Spinal Injuries and Little if Any ATV Safety Laws
3. Winter Accidents: Injured or Killed Because of a Dangerous Product
4. Dangerous Winter Work Injuries:  Severe Injuries or Death While on the Job in Cold Weather.

For victims of winter off-road vehicle accidents, both Indiana and Illinois offer legal avenues for justice, where the accident victim and their loved ones can pursue legal claims to cover things like medical expenses, rehabilitation needs, and lost wages as well as wrongful death damages in the tragic event of a death due to a winter ATV (ROV, UTV) crash. Please be careful out there!