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Phone: 304.931.4088
The Miley Legal Group
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Toll Free 888.436.0859
Fax (304) 326-1801

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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Rules and Regulations for West Virginia ATV Use (Part B)

West Virginia ATV Laws: Passengers

On ATVs that only have seating for 1 individual, passengers are strongly discouraged
during operation. Passengers are likely to be thrown from ATVs, because they are not actively controlling the vehicles and therefore cannot anticipate their movements. The only situations where passengers are allowed on ATVs are: 

  • if the ATV is designed for 2 or more riders, or
  • if the ATV's driver and passenger are both at least 18 years old and the operator of the ATV has a driver's license 


West Virginia
ATV Laws: Minors

West Virginia has strict laws regarding ATV use for people under the age of 18. Every all-terrain vehicle rider who is 17-years-old or under must wear a helmet at all times. Additionally, all ATV drivers in that age group must complete a rider safety awareness course.

West Virginia
ATV Laws: Drunk Driving

Because an ATV is a motorized vehicle, its riders are covered by the same DUI laws that any driver of a car, truck, bus, or other vehicle must adhere to. Therefore, an ATV operator can be cited for drunk driving if their blood alcohol content registers at .08 or above. Minors are not allowed to have any alcohol in their system while driving an ATV.

As with other vehicles, when it comes to a West Virginia ATV accident, alcohol use is a common factor
. Such accidents can potentially cause more severe injuries to drivers because ATVs are not equipped with many of the safety features that are commonly found in other vehicles.

Determining Liability in a West Virginia ATV Accident

If you have been injured by the recklessness or negligence of an ATV driver, you should contact a qualified Clarksburg ATV accident lawyer to assist you in filing a West Virginia personal injury claim.

Recreation opportunities abound in West Virginia, but with ATV riding can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - (304) 326-1800.

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