Whether you’re cruising off-road trails or working on your property, side-by-sides offer fun and functionality — until something goes wrong. When accidents happen, figuring out who’s responsible and how to get compensated can get complicated fast. In this article, we’ll break down what a side-by-side accident really is, who might be liable, and how to protect your rights (and your wallet) if you’re injured.
What is a Side-by-Side Crash?
Side-by-side crashes involve off-road vehicles built to carry two or more passengers, with seats positioned next to each other — much like a small, open-air car designed for rugged terrain. These vehicles often include seat belts, roll cages, and reinforced frames, but those safety features don’t always prevent injuries, especially in rollovers, collisions, or ejections. Whether the crash happens on a private trail, a work site, or public land, passenger injuries are common, and liability often depends on who was driving, whether proper safety gear was used, and if the vehicle was maintained correctly.
How Side-by-Side Crashes Differ from ATV and UTV Accidents
Side-by-side crashes aren’t quite the same as accidents involving ATVs or other off-road vehicles, and those differences matter when it’s time to build your case. ATVs are usually single-rider vehicles, controlled by handlebars and body positioning, with no seat belts, roll cages, or steering wheels — which makes them far more prone to flipping, especially at high speeds or on rough terrain.
Side-by-sides, including both recreational off-highway vehicles (ROVs) and UTVs (Utility Task Vehicles), are designed to carry multiple passengers, with bench or bucket seats, seat belts, foot pedals, and steering wheels. These vehicles also come equipped with rollover protective structures (roll cages), but even with those safety features, rollovers and passenger ejections are some of the most common and severe types of crashes. UTVs, often used for work on farms, ranches, and construction sites, bring another legal layer into the picture when workplace safety rules or employer negligence factor into the accident.
Whether your accident happened on a recreational ride, private property, or a worksite, the type of vehicle, how it was used, and who was responsible all shape your claim — and the strategies we use to fight for the compensation you deserve.
Are Side-by-Sides Dangerous?
Side-by-sides combine high speeds, uneven terrain, and limited protection — and that combination makes them inherently dangerous when drivers or passengers don’t take proper precautions. More recent data highlights that side-by-sides are responsible for a growing share of off-road injuries, particularly in recreational areas where inexperienced drivers take these vehicles onto unpredictable terrain.
In our own practice, we see cases where passengers suffer severe head trauma, spinal injuries, or crush injuries when vehicles flip — even at low speeds. The high center of gravity, open sides, and frequent lack of helmets or restraints make side-by-sides especially risky when drivers lose control or obstacles appear without warning. What’s even more concerning is how quickly these accidents are becoming more common, especially in Florida and other states where off-road riding is popular year-round.
How Common Are Side-by-Side
Side-by-side accidents happen far more often than most people realize, especially in states like Florida where outdoor recreation is a year-round activity.
According to the 2023 Report from the Consumer Product Safety Commission (CPSC), there were 2,384 reported OHV-related deaths from 2018 to 2020. Florida accounted for 103 fatal OHV incidents, including side-by-side crashes — approximately 4.2% of the total — ranking third among all states in reported fatalities during that period.
Whether they’re used for work, hunting trips, or weekend trail rides, side-by-sides combine high speeds, rugged terrain, and limited safety protections, which creates a perfect storm for life-altering crashes—figuring out who’s responsible starts with looking at what actually caused the accident.
Common Causes of Side-by-Side Accidents
Side-by-side vehicles offer power, speed, and versatility — but those same features contribute to a wide range of serious accidents, especially when drivers, passengers, or even manufacturers cut corners on safety.
Rollovers rank among the most common — SxS vehicles have a high center of gravity, which means sharp turns, uneven ground, or sudden shifts in weight can cause the vehicle to flip, even at low speeds. Collisions with obstacles like trees, rocks, or other vehicles also happen frequently, especially on crowded trails or at off-road parks. In some cases, mechanical failures — from faulty brakes to steering malfunctions — create dangerous situations where riders lose control with no warning. Passenger ejections, even in vehicles with seat belts, often result from improper safety gear, defective latches, or failure to wear restraints correctly. Alcohol use, inexperienced drivers, and overcrowding the vehicle all increase the risk of these crashes.
Whether your accident involved a rollover on private land, a crash on a public trail, or a mechanical failure tied to a rental or dealership vehicle, the cause of the crash plays a direct role in identifying who may be legally responsible and what kind of compensation you can pursue.
Injuries Commonly Sustained in Side-by-Side Accidents
Side-by-side crashes often leave riders and passengers with injuries that go far beyond cuts and bruises — especially in rollovers and ejection accidents, where passengers are thrown from the vehicle or pinned underneath.
Head and neck injuries remain among the most common and serious injuries in off-highway vehicle crashes, including side-by-side accidents. According to a study from Nationwide Children’s Hospital, more than 11,000 children and teens were treated for nonfatal head and neck injuries caused by off-highway vehicles (OHVs) each year between 1990 and 2014.
The Consumer Product Safety Commission’s 2023 Report on Off-Highway Vehicle Deaths and Injuries reinforces this concern, showing that head and neck injuries made up 35% of all OHV-related injuries treated in emergency rooms in 2022 — the highest percentage of any body part. Fractures and contusions were also among the most common injuries, with nearly 1 in 5 injury victims requiring hospitalization due to the severity of their condition.
Even low-speed crashes leave riders with whiplash, soft tissue injuries, and severe lacerations, especially when seat belts or other restraints aren’t used properly.
No matter how minor your injuries seem right after the accident, getting medical care right away protects both your health and your injury claim. Whether you were a passenger, driver, or someone injured by a side-by-side operated by someone else, you deserve experienced legal help to hold the responsible parties accountable — and to make sure you aren’t left paying the price for someone else’s carelessness.
Can You Pursue Compensation After a Side-by-Side Accident?
If you were injured in a side-by-side accident, you may have the right to pursue compensation — but the path to recovering damages depends heavily on how the crash happened and who’s legally responsible. Whether you were a passenger, the driver, or even someone injured by a side-by-side operated by someone else, Florida law allows injury victims to seek compensation when negligence plays a role.
That could mean a careless driver, a rental company that failed to maintain the vehicle, or even the manufacturer if a defect contributed to the crash. In some cases, property owners who allow unsafe riding conditions on their land could also share liability. Every case starts with identifying exactly who failed to act responsibly and how their negligence caused your injuries — and that’s where we come in.
Types of Compensation After a Side-by-Side Accident
If you were injured in a side-by-side accident, you may have the right to pursue compensation — but the path to recovering damages depends entirely on how the crash happened and who’s legally responsible. Whether you were a passenger, driver, or even someone injured by a side-by-side operated by someone else, Florida law allows injury victims to seek compensation when negligence played a role. The compensation available in these cases depends on how severe your injuries are, how your life has been affected, and the level of negligence involved. Victims often pursue compensation for:
- Medical expenses, covering everything from emergency treatment and surgeries to physical therapy and long-term care.
- Lost wages, both for time missed at work and any future income you may lose because of your injuries.
- Pain and suffering, for the physical pain, emotional distress, and reduced quality of life caused by the crash.
- Property damage, if your own vehicle or personal belongings were damaged in the accident.
- Punitive damages, in cases where reckless behavior — like drunk driving or knowingly using a defective vehicle — caused the crash.
The next question you might have is whether your injuries and losses will be covered by your own insurance or someone else’s.
Does Insurance Cover Side-By-Side Accidents?
Insurance coverage for side-by-side accidents isn’t always clear-cut, especially if the crash happened off-road or on private property. In Florida, standard auto insurance policies usually don’t cover off-road vehicles like side-by-sides, ATVs, or UTVs. Instead, separate off-road vehicle insurance policies may apply — if the owner purchased one.
Some homeowner’s policies might offer limited coverage if the accident happened on private property, but those policies often exclude off-road vehicles entirely. If you were injured while riding on a commercial tour or in a rented side-by-side, the rental company’s liability insurance could apply, but rental agreements often contain waivers and fine print designed to limit their responsibility.
Whether insurance covers your injuries depends heavily on who owns the vehicle, where the crash happened, and how the policy is written — which is why having a lawyer review your case is so important to identify all liable parties and contributing factors.
Who Bears Liability for a Side-by-Side Accident?
Liability in side-by-side accidents rarely comes down to just one person or one cause. Depending on how your crash happened, multiple parties could share responsibility — and that directly affects where your compensation may come from. Here’s how liability often breaks down in these cases:
- The Driver Behind the Wheel — If the driver was speeding, cutting dangerous turns, driving under the influence, or ignoring basic safety measures like seat belts, they could be legally responsible for your injuries. Compensation might come from their off-road vehicle insurance, personal assets, or even their homeowner’s insurance if the crash took place on private property.
- The Vehicle’s Owner — If the side-by-side belonged to someone else — whether a private owner, business, or rental company — that owner could share liability if they knew (or should have known) the vehicle had mechanical problems or safety defects. In these situations, compensation could be tied to the owner’s liability policy, a commercial insurance plan, or even business umbrella coverage if the vehicle was used for work purposes.
- Rental Companies and Tour Operators — Crashes involving rented side-by-sides or guided off-road tours often lead back to rental companies or tour operators who failed to properly inspect, maintain, or explain safe use of the vehicle. While these companies often have commercial liability policies, they also tend to rely on waivers to avoid responsibility — waivers we may be able to challenge if the company’s negligence played a role.
- Manufacturers and Parts Suppliers — Sometimes the vehicle itself is the problem. If a brake failure, defective steering system, or faulty seat belt contributed to the crash, the manufacturer or parts supplier could be held accountable under product liability laws. Compensation in these cases could come through a product liability claim or settlement — especially if similar defects have triggered recalls or other lawsuits.
- Property Owners and Land Managers — When a crash happens on private land, a designated off-road park, or any commercial trail system, the landowner or property manager could be held liable if they allowed dangerous conditions to exist — like unmarked hazards, unsafe trails, or poor maintenance. Compensation could come from their liability insurance, especially if they charged a fee to ride on the property.
- Employers (When It’s a Work Vehicle) — If the side-by-side was part of your job — whether you were using it for construction work, farming, or any other work-related task — your employer could share responsibility if their negligence contributed to the crash. That could include failing to maintain the vehicle, not training employees properly, or allowing unsafe conditions on the job site. Compensation could come through a workers’ compensation claim, a personal injury claim against the employer if gross negligence was involved, or a claim against any third parties who contributed to the crash.
- Other Riders or Drivers — If another off-road vehicle caused the crash — whether by colliding with your side-by-side or running you off the trail — that driver could also be held responsible. Their off-road vehicle insurance (if they have any) would typically apply, or in some cases, their personal assets could be on the line if they were uninsured.
Every side-by-side case is unique, and part of our job is uncovering every layer of responsibility so we can pursue every available source of compensation under the laws governing side-by-side accidents and overall OHV usage. It’s also important to understand these laws yourself to be sure you didn’t unknowingly violate any regulations that could affect your claim.
Florida Laws on Side-By-Side Accidents
Florida has specific laws regulating how side-by-sides — also known as off-highway vehicles (OHVs) — can be used, where they’re allowed, and how liability works when accidents happen. Under Florida Statutes Section § 261.03, side-by-sides, UTVs, and similar vehicles are classified as off-highway vehicles, designed for recreational use on unpaved land, not public roads. They can only be operated on public lands specifically designated for off-highway use — unless a local ordinance allows limited on-road use, typically in rural areas.
Florida also requires title and registration for all side-by-sides, as outlined in Florida Statutes Section § 317.0006, which helps identify the vehicle’s owner if an accident occurs. Helmet and eye protection laws apply to drivers and passengers under 16 years old (Florida Statutes § 316.2074), but regardless of age, failure to wear safety gear can affect injury claims under Florida’s comparative negligence laws (Florida Statutes Section § 768.81) — meaning your compensation could be reduced if you’re found partially at fault for your own injuries.
Whether your case involves a personal vehicle, a rental, or a guided off-road tour, how Florida law applies depends heavily on where the accident happened, who was involved, and whether safety rules were followed — all factors we dig into to protect your right to compensation.
What Should I Do After a Side-By-Side Accident?
What you do in the moments and days after a side-by-side crash can make or break your injury claim — and, more importantly, it can protect your health and safety.
Start by calling 911 if anyone is hurt, whether it’s you, a passenger, or someone else involved. Florida law requires reporting serious injuries, fatalities, or property damage, and having that official accident report creates a critical piece of evidence for your case. If you’re physically able, take photos and videos of the scene, including the vehicle, your injuries, the terrain, and any safety gear (or lack of it). Side-by-side crashes often happen in remote areas, so if emergency responders can’t reach you right away, those photos may become the only record of what really happened.
Even if you feel okay at first, get checked out by a doctor immediately — injuries like concussions, internal bleeding, and spinal damage don’t always show symptoms right away, but delaying care gives insurance companies room to question whether the crash caused your injuries.
Finally, contact our motor vehicle accident attorneys experienced in off-road vehicle cases before you talk to any insurance adjusters — especially if the vehicle was rented, the crash happened on someone else’s property, or mechanical failure might be involved.
At Steinger, Greene & Feiner, our role goes beyond just giving advice — we step in to protect your rights, handle all communication with insurers, gather crucial evidence before it’s lost, and uncover every factor that contributed to the crash. From identifying liable parties to building a strong claim that accounts for your full range of losses, we take the legal burden off your shoulders so you can focus on healing.