Pursuing Full Compensation After Off-Road Vehicle Crashes in Bryan-College Station
Off-road vehicles like ATVs, side-by-sides, and dirt bikes are built for rugged terrain, not for protecting riders when something goes wrong. When a rollover, a collision, or a defective machine causes serious harm, the medical bills and lost income add up quickly. Scott Scherr at The Payne Law Group represents injured riders and their families across Bryan, College Station, and Brazos County. As a board-certified Bryan, TX personal injury attorney, Scott helps local clients hold negligent parties accountable and pursue the full compensation Texas law allows.
Why Choose Scott Scherr at The Payne Law Group
Off-road vehicle cases pair serious injuries with hard questions about where a crash happened and who is responsible. Scott Scherr at The Payne Law Group brings the credentials and resources these cases require:
- Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a credential held by less than 2 percent of Texas attorneys
- Over 30 years of experience in state and federal courts
- A track record of multi-million dollar jury verdicts and settlements
- Resources to investigate the crash, including accident reconstruction, so every responsible party is identified, from the driver to a landowner or manufacturer
- Contingency fee representation, so you pay no attorney fees unless we recover for you
- Free consultations
- Bilingual staff to accommodate our clients who speak English or Spanish
When you hire Scott Scherr, insurers know they are dealing with a trial lawyer who is prepared to put your case in front of a jury if their offer does not reflect what you have lost. That readiness alone often moves a lowball number toward full value. If an off-road vehicle crash has seriously hurt you or someone you love in the Brazos Valley, do not try to untangle the blame on your own. Contact The Payne Law Group today.
What Counts as an Off-Road Vehicle in Texas?
Texas groups several machines under the heading of off-highway vehicles. The Texas Department of Motor Vehicles defines an all-terrain vehicle (ATV) as a vehicle with three or more tires, no more than 50 inches wide, with seating for a rider and one passenger, designed for off-highway use.
Recreational off-highway vehicles and utility vehicles, often called side-by-sides, have four or more tires and seat one or more passengers. Sand rails, dirt bikes, and similar machines also fall within the state off-road vehicle rules. These vehicles are titled but are not eligible for highway registration. Owners may instead obtain an optional Off-Highway Vehicle license plate from the county tax assessor-collector, which allows limited use on some roads.
How Texas classifies your machine shapes where it can be operated and who may share fault in a crash. You can review the state rules for operating off-highway vehicles for more detail.
Where Off-Road Vehicle Accidents Happen in the Brazos Valley
By law and by design, these are off-highway vehicles. With limited exceptions, Texas does not allow ATVs and side-by-sides to be driven freely on public streets and highways. Most riding happens on private ranches and farmland, at oilfield and construction sites, and at public off-highway riding areas.
To ride legally on public off-highway vehicle land in Texas, an operator must display a current off-highway vehicle decal from the Texas Parks and Wildlife Department on the machine. They must also maintain required safety equipment on the machine, such as working brakes, a muffler, a spark arrester, and lights. On public off-highway land, operators must also wear a safety helmet and eye protection and hold a safety certificate, which can matter if an insurer later argues you skipped safety gear.
In rural Brazos County, crashes often involve rollovers on uneven ground, collisions with fixed objects, and ejections. Where the crash happened, and whether the vehicle was used as the law intended, can be central to your claim.
Who Can Be Held Liable for an Off-Road Vehicle Accident?
Off-road vehicle cases often involve more than one responsible party. Another rider who operated a machine recklessly may be liable for a crash. A landowner or business that allowed riding on dangerous, poorly maintained property may bear responsibility, although the Texas recreational use statute often limits a landowner’s liability for free recreational riding to gross negligence rather than ordinary carelessness.
When a defective brake system, steering component, or rollover protection structure causes or worsens an injury, the manufacturer or seller may be accountable through a product liability claim. If the vehicle was being used for work on a ranch or an oilfield, an employer or contractor may share fault. Scott Scherr at The Payne Law Group investigates each crash to identify every source of recovery, because the right defendant is not always obvious.
What Injuries and Damages Are Common in These Cases?
Because off-road vehicles offer little protection in a rollover or ejection, riders often suffer severe harm, including traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and serious burns. A Texas injury claim can seek economic damages for medical bills, future care, and lost income, along with non-economic damages for pain, suffering, and reduced quality of life. When a rider dies, Texas law allows certain close family members, such as a surviving spouse, children, or parents, to bring a wrongful death claim. If the at-fault party acted with gross negligence, Texas law may also permit additional exemplary damages. Scott Scherr works to document the full scope of harm so no loss is overlooked.
How Texas Fault Rules Affect Your Recovery
Texas uses a modified comparative fault rule. You can still recover as long as you are not found to be more than 50 percent at fault, but your award is reduced by your share of responsibility. For example, if you are 20 percent at fault, your recovery drops by that amount. However, if you are 55 percent at fault, you receive nothing. Insurers know these rules and often try to shift blame onto the injured rider, arguing they rode too fast, ignored terrain warnings, or skipped safety gear.
Texas law also sets a limited window to file an injury lawsuit, generally two years from the date of the accident, so it helps to involve an attorney early while evidence is fresh. A board-certified trial attorney can preserve proof and counter these tactics before they weaken your case.
Talk to a Board-Certified Bryan Off-Road Vehicle Accident Attorney
If you or someone you love was seriously hurt in an off-road vehicle accident in Bryan, College Station, or anywhere in Brazos County, Scott Scherr at The Payne Law Group is ready to help. We handle injury claims on a contingency fee basis, so you pay no attorney fees unless we recover for you. Contact our office for a free consultation.
Frequently Asked Questions About Off-Road Vehicle Accidents
Can I file a claim if I was hurt on private property?
Yes, though the rules depend on the facts. Another rider may be responsible if their negligence caused your injuries. A claim against the landowner can be harder. Under the Texas recreational use statute, when an owner lets people ride on the land for free, the owner usually cannot be held liable for ordinary carelessness and is responsible only for gross negligence or willful acts. That is a high bar, but it is not impossible, and other exceptions can apply. Scott Scherr can review how and where the crash happened to identify who may owe you compensation.
What if the off-road vehicle was defective?
If a faulty brake, throttle, tire, or rollover protection system caused or worsened your injuries, you may have a product liability claim against the manufacturer or seller in addition to any negligence claim. These cases often turn on engineering analysis and preserved evidence, so it helps to contact a board-certified Bryan-College Station personal injury attorney before the vehicle is repaired or scrapped.
How long do I have to file an off-road vehicle accident claim in Texas?
Texas generally gives injury victims a limited time, commonly two years from the date of the accident, to file a lawsuit, and wrongful death claims follow their own deadlines. Because deadlines and exceptions vary with the facts, speak with Scott Scherr at The Payne Law Group as soon as possible so important evidence and witness accounts are preserved.