Find an ATV accident lawyer in Tempe: where you can ride and who pays
Tempe is a city, and its code keeps unlicensed motor vehicles off park property. Maricopa County parks bar ATVs from trails too. So most ATV crashes involving Tempe riders happen on land outside the city. A suit over an ATV crash is generally due in 2 years. Against a government, you have 180 days to file a claim.
Last checked November 9, 2026 · Official sources (23)
Where can you legally ride an ATV in or near Tempe?
Not inside the city, as far as we could find. We did not find any Tempe trail open to ATVs. Here is what the rules say about the places people usually mention.
| Place | What the rule says | Who you would claim against |
|---|---|---|
| Tempe city parks | Unlicensed vehicles and drivers are barred | The city, if a park defect hurt you (180 days) |
| Maricopa County parks | ATVs and OHVs are not allowed on trails or dirt paths | The county, for a county-run site |
| Public and state trust land | Many OHVs need a valid decal | Another rider, or a landowner under the recreation law |
| Tonto National Forest zones | A permit is required in four named zones | Another rider; claims against a federal employee follow federal rules |
Public roads are a poor choice. The federal safety agency says to stay off paved roads, except to cross where the law allows.
Do you need a decal or a permit to ride near Tempe?
Often yes. An off-highway vehicle that weighs 2,500 pounds or less and is built for rough ground needs a valid OHV decal on public and state trust land. In the Tonto National Forest, a permit is required in the Bulldog Canyon, The Rolls, St. Clair and Desert Vista zones.
Riders under 16 in those zones do not need their own permit, but a guardian with a permit must go with them. A missing decal or permit does not prove who caused a crash. It can still matter to an insurance company, so keep your paperwork.
What riding rules does Arizona use when someone gets hurt?
- Driving with reckless disregard for people or property is unlawful.
- Riding double without the right equipment is dangerous. Game and Fish says many OHV crash injuries come from passengers riding the wrong way.
- A DUI on an OHV is treated like a DUI in any other vehicle.
- A person under 18 must wear a helmet on public or state land, as a rider or a passenger.
- Riders younger than 16 should use youth models only.
Each of these can help show fault. Arizona does not bar you if you share some blame. Your award drops by your percentage of fault.
Can you sue a landowner if you crash while riding near Tempe?
Sometimes, but the bar is high. If you rode on someone's land without paying an admission fee, Arizona's recreation law protects the owner unless the conduct was wilful, malicious or grossly negligent.
A rental company is different. If you paid to ride, the free-use rule may not apply. Ask for the rental contract. A signed release does not end the case on its own in Arizona, because a jury decides the assumption-of-risk question.
What should you do after an ATV crash outside Tempe?
- Get medical care first. The state lists no trauma center at a Tempe address, and Banner Desert in Mesa is listed as Level I.
- Write down the exact spot: the land owner or agency, the trail name and the time.
- Photograph the vehicle, the ground and any missing guard or belt. Leave the machine unrepaired and unsold until someone has checked it.
- Keep your decal, permit and rental papers.
- If a government may be involved, start the notice of claim within 180 days.
Questions
How long do I have to sue after an ATV crash in Arizona?
Generally 2 years. Against a public entity, you file a claim in 180 days and then have one year to sue.
Can I ride my ATV on a Tempe street?
The federal safety agency says never ride on public roads except to cross where the law allows. Tempe's code also bars unlicensed vehicles from parks.
What if my child was hurt on an ATV?
For a child hurt on an ATV, the 2-year clock against a private owner waits until age 18. A claim against Tempe or a county park starts its 180 days after the child turns 18.
Does a recall matter after an ATV crash?
It can. Product defects are a separate claim against the maker, and a recall notice or a CPSC report can help.
ATV or side-by-side accident in Tempe? See if you are owed money.
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See if I’m owed moneySources (23)
- Tempe City Code 23-37, checked 2026-11-09. “Unlicensed motor vehicles or unlicensed operators shall not be allowed on any park property.”
- Maricopa County Parks & Recreation, ATV/OHV, checked 2026-11-09. “All-Terrain Vehicles (ATVs) and Off-Highway Vehicles (OHVs) are not permitted on trails or dirt pathways within Maricopa County Parks.”
- A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
- A.R.S. 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
- A.R.S. 28-1179, checked 2026-11-09. “A person who is under eighteen years of age may not operate an off-highway vehicle or be an off-highway vehicle passenger on public or state land unless the person is wearing a protective helmet”
- A.R.S. 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues”
- Arizona Game and Fish Department, OHV FAQ, checked 2026-11-09. “are required by law to display a valid OHV decal to operate on public and state trust lands in Arizona.”
- A.R.S. 33-1551, checked 2026-11-09. “is not liable to a recreational user or educational user except on a showing that the owner, easement holder, lessee, tenant, manager or occupant was guilty of wilful, malicious or grossly negligent conduct”
- U.S. Forest Service, Tonto National Forest OHV, checked 2026-11-09. “is required for motorized vehicle access in the Bulldog Canyon, The Rolls, St. Clair, and Desert Vista OHV Permit Zones.”
- CPSC, checked 2026-11-09. “Stay off paved roads. Never ride on public roads, except to cross, where permitted by law.”
- U.S. Forest Service, Tonto National Forest OHV, checked 2026-11-09. “Youth under 16 years of age operating an OHV in the OHV Permit Zones do not need their own permit but must be accompanied by a guardian with a Tonto NF OHV Permit.”
- Arizona Game and Fish Department, OHV Rules, checked 2026-11-09. “With reckless disregard for the safety of persons or property.”
- Arizona Game and Fish Department, OHV Rules, checked 2026-11-09. “Many injuries sustained in OHV crashes can be attributed to passengers riding improperly.”
- Arizona Game and Fish Department, OHV Rules, checked 2026-11-09. “DUI with an OHV is just like a DUI in any other vehicle.”
- CPSC, checked 2026-11-09. “Riders younger than 16 should drive only age-appropriate youth models - never adult models.”
- A.R.S. § 12-2505, checked 2026-11-08. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
- A.R.S. 33-1551, checked 2026-11-09. “without the payment of an admission fee or any other consideration to travel across or to enter premises to hunt, fish, trap, camp, hike, ride, engage in off-highway vehicle, off-road recreational motor vehicle or all-terrain vehicle activity”
- Phelps v. Firebird Raceway (Ariz. 2005), checked 2026-11-09. “applies to an express contractual assumption of risk. We hold that it does.”
- Arizona Department of Health Services, Designated Trauma Centers, checked 2026-11-08. “Banner Desert Medical Center 1400 South Dobson Rd., Meza, AZ 85202 06/10/24 06/10/27”
- A.R.S. 12-821, checked 2026-11-09. “shall be brought within one year after the cause of action accrues”
- A.R.S. 12-502, checked 2026-11-09. “the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
- Arizona Revised Statutes 12-821.01, checked 2026-11-09. “a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases”
- CPSC, checked 2026-11-09. “including appliances, toys, clothing, ATVs, and more”