Find an ATV accident lawyer in El Paso: who pays after a rollover or crash
Most ATV crashes outside El Paso city limits go to the Sheriff's Traffic Section. Texas gives you 2 years to sue. If the land is public, a six-month notice may apply, and the City of El Paso wants sworn notice within 90 days. Who pays depends on the land, the machine and the driver.
Last checked November 9, 2026 · Official sources (31)
Where can you legally ride an ATV around El Paso?
The state's list of public riding spots names one place in this county: San Felipe Park near Fabens, on San Felipe Road and County Road 793. We could not confirm who owns or runs that park, so ask before you assume who to send a claim to.
At a riding spot on Texas public land, you need a state off-highway decal. It costs $16 and lasts from Sept. 1 to Aug. 31 of the next year.
Texas also requires a helmet on public off-highway land, on beaches and on highways, and a safety certificate on public off-highway land. Missing one of these will not end your claim by itself. The other side may still bring it up to argue you share the blame.
Riders can also cross into New Mexico. The federal Aden Hills area, about 20 miles southwest of Las Cruces, covers about 8,700 acres and allows cross-country riding. We could not find a public count of ATV crashes for El Paso County, so we cannot tell you how common these wrecks are here.
Who do you call after an ATV wreck in the desert east of El Paso?
- Call 911 and give the nearest road or mile marker. El Paso's Level 1 trauma center is University Medical Center, and Providence East Campus is a Level II center on the east side.
- Ask which agency took the report. County areas go to the Sheriff, whose reports cost $6. Inside the city, El Paso Police reports also cost $6.
- Do not let anyone fix, sell or haul off the machine. A roll bar, seat belt or throttle that failed is your proof.
- Take photos of the ground, the tracks, any open ditch or cable and the machine's model and serial number.
- Write down who owned the machine, who owned the land and whether anyone paid to ride there.
Who pays for an ATV injury in El Paso County?
| Who may owe you | What Texas or federal law says | Watch for |
|---|---|---|
| The landowner | Off-highway riding counts as recreation, so the owner may owe only what is owed to a trespasser | The limit does not cover gross negligence or bad faith |
| The company that built it | Side-by-sides come with roll protection and restraints | A part that fails can point to the maker |
| Another driver | Their own insurance, if they have any that covers this use | Read the policy. Many are written for road use |
| City of El Paso | Sworn notice to the Mayor within 90 days | Six months only for good cause |
| El Paso County or another public body | Notice within six months | Payment is capped at $100,000 per person for local government |
That landowner limit protects owners who do not charge for entry, charge very little, or carry the insurance the law sets. So a paid ride, a rental or a guided tour may be a very different case from a free day on a friend's ranch. Keep the receipt, the waiver and any text about the price.
Can you ride an ATV on El Paso streets?
Federal safety officials say to stay off paved roads and never ride on public roads, except to cross where the law allows. Their data shows overturns and collisions are the most common deadly events. We did not find a city rule written just for ATVs, so check with police before relying on a street route.
If a car or truck hit you on a road, that driver's auto policy is the first place to look. In Texas, you lose your claim if you are more than 50 percent at fault, and your share cuts what you can recover. Riding on a street where you should not have been can raise your share.
What if a child got hurt on an ATV in El Paso?
Safety officials say riders under 16 should only drive youth models, never adult ones. An adult who handed a child an oversized machine may share responsibility. A child's time to sue usually waits until age 18, but a notice to a government office does not reliably wait, so treat that date as if it applies.
What if the ATV crash happened across the line in New Mexico?
Where the crash happened usually decides which state's law applies. New Mexico courts describe a three-year limit on injury suits. A claim against the State of New Mexico needs written notice within 90 days. Ask any lawyer you call whether they can handle a New Mexico case, or who they work with there.
Questions
How long do I have to sue after an ATV accident in El Paso?
Generally 2 years in Texas. If the City of El Paso is involved, sworn notice is due within 90 days.
Do I need a decal to ride at San Felipe Park?
A $16 state decal is required at riding venues on Texas public land. We could not confirm the park's current rules, so call the county or the state before you go.
Can I sue if I signed a waiver at an ATV rental?
Maybe. A waiver does not settle every case, and a child's claim can be treated differently. Keep a copy and have a lawyer read it.
Who gets the crash report for a county road near Clint or Fabens?
Usually the Sheriff's Office, which gives copies of reports it writes for $6.
ATV or side-by-side accident in El Paso? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (31)
- El Paso County Sheriff, Traffic Section, checked 2026-11-08. “minor accident investigations to accidents involving serious injuries and death”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
- Texas Parks and Wildlife, checked 2026-11-09. “San Felipe Park (Dune Buggies, ATV's & Motorcycles) Near Fabens/El Paso County San Felipe Road/CR 793 Fabens, TX 79838”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
- New Mexico Court of Appeals, Gerke v. Romero, checked 2026-11-09. “three-year statute of limitations governing personal injury actions”
- Texas Parks and Wildlife, checked 2026-11-09. “Texas OHV decals are $16 and are good Sept. 1 - Aug. 31 of the following year.”
- Texas Parks and Wildlife, checked 2026-11-09. “OHV decals are required by law for all individuals operating an OHV in Texas at an OHV legal venue which is located on the public lands of Texas”
- Tex. Transp. Code 551A.072, checked 2026-11-09. “a safety helmet that complies with United States Department of Transportation standards”
- Tex. Transp. Code 551A.031, checked 2026-11-09. “A person may not operate an off-highway vehicle on public off-highway vehicle land or a beach unless the person”
- Bureau of Land Management, checked 2026-11-09. “The Aden Hills OHV Area is approximately 20 miles southwest of Las Cruces.”
- Bureau of Land Management, checked 2026-11-09. “The Area was designated in 1993 as a place where off-road/cross-country travel would be allowed.”
- UMC El Paso, 2024 Annual Report, checked 2026-11-08. “UMC Receives Reverification as Level 1 Trauma Center”
- The Hospitals of Providence, Awards & Distinctions, checked 2026-11-08. “The Hospitals of Providence East Campus is recognized as a Major Level II Trauma Center”
- El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “The El Paso County Sheriff’s Office can provide criminal and crash reports generated by the El Paso County Sheriff’s Office.”
- El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “Crash Reports - $6.00”
- El Paso Police Department, Records & Reports, checked 2026-11-08. “The EPPD Records Division provides access to official reports, including accident, incident, and offense records”
- El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident or Crash Reports $6.00”
- Tex. Civ. Prac. & Rem. Code 75.001, checked 2026-11-09. “pleasure driving, including off-road motorcycling and off-road automobile driving and the use of off-highway vehicles”
- Tex. Civ. Prac. & Rem. Code 75.002, checked 2026-11-09. “a greater degree of care than is owed to a trespasser on the premises”
- Tex. Civ. Prac. & Rem. Code 75.002, checked 2026-11-09. “shall not limit the liability of an owner, lessee, or occupant of real property who has been grossly negligent or has acted with malicious intent or in bad faith”
- CPSC 2024 OHV report, checked 2026-11-09. “ROVs are also equipped with rollover protective structures (ROPS), seatbelts, and other restraints”
- Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person”
- Tex. Civ. Prac. & Rem. Code 75.003, checked 2026-11-09. “does not charge for entry to the premises”
- CPSC, checked 2026-11-09. “Stay off paved roads. Never ride on public roads, except to cross, where permitted by law.”
- CPSC 2024 OHV report, checked 2026-11-09. “The most common fatality hazards associated with OHV-related deaths were overturns and collisions with another vehicle or a stationary object”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- CPSC, checked 2026-11-09. “Riders younger than 16 should drive only age-appropriate youth models - never adult models.”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- New Mexico General Services Department, checked 2026-11-09. “within ninety days after the occurrence giving rise to claim”