As temperatures rise, Tennesseans and tourists alike flock to the Smokies for good, old-fashioned family fun. For four years in a row, Tennessee has broken state tourism records, with Sevier County consistently ranking as the third-largest generator of visitor revenue. One of the many activities that draws tourists to East Tennessee is ATV rentals and tours.

While these all-terrain vehicles (ATVs), dirt bikes, and other off-road recreational vehicles can be a major source of summer fun in the Smokies, they also come with serious risks. Each summer, off-road accidents send hundreds of people to the emergency room, many of whom are vulnerable children and teens. Here’s what parents and families need to know about the potential dangers of ATV and off-road accidents and an overview of how an experienced personal injury attorney can help victims fight for compensation in the wake of a preventable ATV accident.

Off-road accidents in Tennessee: What the data says

According to the Tennessee Department of Safety and Homeland Security, there were 136 ATV accidents formally reported in the state in 2024. Of those 136, 91 resulted in serious injuries and seven were fatal. That means approximately 72% of all reported ATV accidents had major consequences for victims and their families.

Given that many ATV and off-roading accidents happen on private property, it’s likely fair to say that the actual number of ATV crashes across the state far exceeds the figure that has formally been reported, and the number of injuries associated with these accidents may actually be much higher.

Nationwide, the number of ATV-related crash fatalities on public roads has increased dramatically since the 1980s. There was an average of roughly 500 ATV fatalities taking place on public roads every year since 2020. Data reveals that ATV fatalities peak during the summer months, further highlighting the need for increased safety protocols during warm, tourism-heavy seasons.

National crash data also suggests that, while riders and passengers over the age of 40 have accounted for the bulk of ATV fatalities in recent years, riders between the ages of 13 and 19 are also at an increased risk of death in ATV accidents.

Why are ATV accidents so dangerous?

All of the data outlined above just goes to show that ATV and off-road vehicle accidents are often disproportionately dangerous when compared to other motor vehicle crashes. These accidents carry an elevated risk of injury and even death that should not be ignored by would-be renters, riders, and their family members.

These enhanced dangers can likely be explained in a few different ways, but research indicates a few particularly noteworthy contributing factors:

1. Lack of restraints, roll cages, or other safety protections
2. Lack of helmet use (studies show most deaths are among people not using helmets)
3. Ease of being thrown from or pinned under the vehicle during a crash
4. Environmental factors in common off-roading areas

Children and adolescents are particularly vulnerable in off-road crashes due to their smaller size, developing coordination, and lack of experience. Even when helmets and protective gear are used, minors tend to be disproportionately prone to severe injuries, thus explaining the relatively high mortality rate for teen ATV riders.

What are considered catastrophic injuries in ATV cases?

Catastrophic injuries generally cause permanent disability or significantly alter a victim’s ability to live independently, i.e., requiring lifelong physical therapy, assistive devices, or cognitive rehabilitation in cases involving severe injuries or spinal trauma.

Some common catastrophic injuries associated with ATV and off-roading accidents include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Paralysis
• Broken bones
• Crushed/amputated limbs
• Severe lacerations or internal bleeding

When young children suffer these injuries, the impact can be particularly catastrophic, as they may derail the child’s education, permanently impact their development, and seriously alter their long-term earning potential.

Duty of care and legal responsibility in crashes involving minors

Because minors cannot legally enter into contracts or consent to high-risk activities in the same way adults can, duty of care issues often arise in cases involving children. Because many of these incidents occur during summer months when youth camps, tourism, and seasonal recreation peak, it is important for parents, legal guardians, and those charged with ensuring the safety of children to understand the nuances of their duty of care.

In Tennessee, a successful personal injury claim hinges on the court determining that the at-fault party owed another party a legal duty of care, breached that duty, and – in doing so – directly caused the other person’s injuries.

When minors are involved, courts may scrutinize adult behavior even more closely to determine (a) the extent of their duty of care and (b) to what degree that duty was violated. Based on the court’s findings, potentially liable parties in an ATV accident may include:

• Property owners who permit riders to engage in unsafe behaviors or fail to provide adequate supervision
• Vehicle owners or operators who gave underage or untrained riders access to a vehicle
• Event organizers or rental companies that fail to provide riders with adequate safety instructions or protective gear
• Manufacturers of defective vehicles or safety equipment

For example, let’s say a child suffers a catastrophic injury while riding an ATV at a neighbor’s house. If the adults next door failed to require the riders to wear helmets or did not adequately supervise the underage riders at the time of the crash, they may be found negligent and face claims for compensatory damages.

What damages are available to ATV accident victims?

ATV accidents can lead to a wide variety of injuries, many of which have long-lasting implications for the health and well-being of the victim. If an injury is believed to have been the direct result of another party’s negligence, Tennessee law affords injured victims the opportunity to pursue claims for economic and non-economic damages, including:

• Past, present, and future medical expenses
• Pain and suffering
• Rehabilitation and long-term care costs
• Loss of income
• Reduced future earning capacity
• Disability or disfigurement
• Loss of enjoyment of life
• Wrongful death damages (in fatal accidents)

An experienced personal injury attorney can help victims and their families document and calculate the full cost associated with an ATV accident in order to build a comprehensive case for compensation. In Tennessee, there is no cap on the economic damages (i.e., medical bills, lost wages, rehabilitation costs) sought in a personal injury claim. The cap on non-economic damages is generally $750,000, but may be increased to $1 million in cases involving catastrophic injuries.

This makes it even more crucial to partner with an attorney who understands the complex nature of personal injury cases and who is prepared to help victims fight for the maximum amount of compensation available to them under the law.

Remember: Tennessee has one of the shortest statutes of limitations on personal injury cases in the nation, with state law requiring that victims file claims within one year of the injury, or when they should have discovered their injuries. Accident victims should waste no time documenting their injuries, seeking medical attention, and consulting with legal representatives in order to ensure they have plenty of time to fight for the compensation they deserve.

Final thoughts

ATV and off-road adventures can be a great way to enjoy Tennessee’s beautiful terrain during the summer, but it’s important to understand the risks associated with these activities. When summer fun results in life-altering harm as the result of another party’s negligence, it’s important for victims and their families to understand their rights and take steps to recover the damages they are owed.

The team at Delius & McKenzie, PLLC is ready to provide free case evaluations and help prospective clients determine whether they might be within their rights to file a claim for an ATV accident.

Give us a call or fill out our online contact form to speak to a member of our team about filing a personal injury claim for your Sevierville ATV or off-roading accident. We are here to advise you of your rights, learn more about your story, and help you determine the best course of action in your case.