A side–by–side accident involves a type of off–road vehicle known as a side-by-side or utility terrain vehicle (UTV). These vehicles are designed for rugged terrain, recreation, and work use. Side-by-sides are a popular option with outdoor enthusiasts and workers and can pose serious risks, especially when operated negligently or without proper precautions.
If you’ve been injured in a side-by-side accident, whether as a driver, passenger, or bystander, you may be entitled to financial compensation for your injuries and losses. An experienced Florida personal injury lawyer can help determine who is liable and guide you through the legal process.
How Do Side-by-Side Accidents Happen?
A side-by-side vehicle, also called a UTV or recreational off-highway vehicle (ROV), is a small, rugged vehicle designed to carry two to six passengers seated next to each other. Side-by-side accidents can occur in a wide range of environments, from forest trails and sand dunes to job sites and private land.
Many accidents are caused by operator error, negligence, or defective equipment. Other common causes of side-by-side accidents include:
- Speeding or reckless driving
- Sharp turns at high speeds
- Failure to wear seatbelts or helmets
- Rollover accidents
- Driver inexperience
- Overloading the vehicle
- Operating under the influence of drugs or alcohol
- Defective vehicle parts or poor maintenance
Some crashes can lead to severe or even fatal outcomes. This is especially true if passengers are ejected or crushed during a rollover.
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Common Side-by-Side Accident Injuries
Side-by-side accidents often lead to serious and sometimes life-altering injuries. Despite having roll cages and seatbelts, UTVs offer limited protection in high-impact crashes or rollovers, especially if safety gear is not used properly.
Some of the most common injuries include the following:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Lacerations and bruises
- Internal bleeding
- Burns
- Crush injuries
- Amputations
- Fatalities
Even with minor injuries, victims may require costly medical treatment, rehabilitation, and time away from work. In more serious cases, long-term care or permanent disability may follow.
Steps to Take Following a Side-by-Side Accident
If you or a loved one is involved in a side-by-side accident, you should take the following steps to protect your health and legal rights:
- Seek medical attention immediately, even if injuries seem minor
- Call law enforcement, especially if the crash occurred on public land or involved multiple parties
- Document the scene by taking photos of the vehicle, surroundings, injuries, and safety equipment
- Gather witness statements and contact information
- Avoid admitting fault or signing insurance forms without legal advice
- Preserve the vehicle by waiting to repair, sell, or dispose of it until an attorney has evaluated your case
- Contact a lawyer experienced in off-road vehicle accidents as soon as possible
Determining Liability in a Side-by-Side Accident
Liability for a side-by-side accident depends on the unique circumstances surrounding the crash. The UTV driver alone or multiple parties may share liability.
Potentially liable parties include:
- Negligent drivers: If the person operating the side-by-side was reckless, intoxicated, or inexperienced, they may be held accountable for the injuries they cause.
- UTV owners: Owners may be liable if they negligently entrusted the vehicle to an unqualified driver.
- Manufacturers or distributors: If a design flaw or mechanical defect caused the accident, the manufacturer could be responsible under product liability laws.
- Property owners: If dangerous trail conditions, poor signage, or a lack of safety barriers contributed to the crash, the landowner or property manager may be liable.
- Event organizers: If the accident occurred during a guided tour or organized ride, the entity running the event could be at fault for failing to ensure a safe environment.
A personal injury lawyer can thoroughly investigate the crash, preserve critical evidence, and determine who is legally responsible for your injuries.
Compensation You Can Recover After a Side-by-Side Crash
If someone else’s negligence caused your injuries, you may be eligible to recover economic and non-economic damages. The damages you are eligible to receive will vary depending on the details of your accident and the injuries you sustained.
Economic Damages
Economic damages cover the direct financial costs of an accident and may include:
- Medical expenses
- Future medical costs
- Lost wages
- Reduced earning potential
- Property damage
Non-Economic Damages
Non-economic damages cover the intangible costs of an accident that impact your quality of life. Commonly available non-economic damages include:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Permanent disability or disfigurement.
- Loss of consortium (for spouses and partners).
In cases involving gross negligence or intentional harm, you may also be entitled to punitive damages intended to punish the wrongdoer and deter similar actions in the future.
Does Insurance Cover Side-by-Side Accidents?
Side-by-side vehicles are often not covered by standard auto policies. Coverage varies depending on how and where the vehicle is used.
Insurance policies that may apply in side-by-side accident cases, depending on the specifics of the policy, include the following:
- Recreational vehicle insurance
- Homeowners insurance
- Commercial policies
- Event insurance
Uninsured or underinsured motorist coverage may also apply, especially if the accident involved another vehicle or occurred on public roads.
A knowledgeable side-by-side injury attorney can help you identify available coverage and pursue the full compensation you’re entitled to recover.
Get Help From an Experienced Side-by-Side Accident Lawyer Today
At The Schiller Kessler Group, we have over three decades of experience representing victims of serious vehicle accidents across Florida, including crashes involving off-road vehicles like side-by-sides and ATVs. We handle every case with the care, professionalism, and dedication our clients deserve.
When you work with us, we will conduct a thorough investigation of your accident, clearly explain your legal options, and aggressively negotiate with insurance companies on your behalf. Contact us today by phone or through our online contact form to schedule a free case evaluation. You won’t owe us anything for our services unless we win your case.
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