Find an ATV accident lawyer in Midland: private land, helmets and who pays

Most ATV crashes near Midland happen on private land, off the road. Police and Fire answer inside the city, and Sheriff's deputies cover all 902 square miles of the county. A suit over an ATV crash generally has to be filed within 2 years. A claim against the City of Midland must be in writing within 60 days.

Last checked November 9, 2026 · Official sources (33)

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Road map of Midland County showing Loop 250 around the city and SH 349 running southwest toward open ranch land
Texas limits what a landowner owes a rider who paid no fee. Map data © OpenStreetMap contributors.

Where do people ride ATVs in Midland, Texas?

Mostly on private land. We did not find a public riding area inside Midland County, and we did not find a Midland city rule that opens streets to ATVs. CPSC says to stay off paved roads and never ride on public roads, except to cross where the law permits.

One Midland Police report shows what a crash can look like. In October 2024, an ATV rolled on a private easement in north Midland after it hit a petroleum pipeline marker. Police said neither rider wore a helmet. Photograph a marker like that, and the ground around it, before anything is moved.

On public off-highway vehicle land, Texas requires a safety helmet, and it sets a safety certificate rule for public riding land and beaches.

Who responds to an ATV crash in Midland?

Where it happenedWho respondsHow to reach them
Inside the city of MidlandMidland Police, plus Midland Fire, which provides EMS to the city and countyPolice non-emergency dispatch: 432-685-7110
Outside city limits, in Midland CountySheriff's deputies, who patrol all 902 square milesSheriff non-emergency: (432) 688-1040
Public land managed by the stateA Texas game warden may be involvedTPWD lists two for Midland County: 432-230-6584 and 325-482-7205

Ask the agency that came to the scene for a report. For a crash inside the city, Midland Police Records is at 601 N. Loraine, (432) 685-7145. The Sheriff's Records Section is (432) 688-4660. A crash on private land may produce no report at all, so write your own notes the same day.

Midland Memorial Hospital's emergency department is a Level 3 trauma center. The state lists Medical Center Hospital in Odessa at Level II and University Medical Center in Lubbock at Level I. Doctors decide where a badly hurt rider goes next.

What should I do right after an ATV crash in Midland?

  1. Call 911. Give the nearest street, mile marker or GPS pin, and say whether you are inside the city or out in the county.
  2. Get care, even if you feel fine. Rollover injuries can show up later.
  3. Photograph the ground, any marker or fence, the machine and your gear before anything is moved.
  4. Keep the ATV, the helmet and any broken part. Do not repair or sell them.
  5. Write down the landowner's name and whether anyone paid a fee to ride.
  6. If a city street, park or building played a part, send written notice to the City of Midland within 60 days.

Who pays after an ATV crash in Midland?

Who may owe youWhat Texas law saysWhat to collect
The landowner or lease holderTexas counts off-road riding as recreation. An owner who charges little or nothing owes only the care owed to a trespasser. That limit does not cover gross negligence or bad faith.Who owns the land, any fee paid, any warning about hazards
The other rider or driverOrdinary negligence applies. You cannot recover if you were more than 50 percent at fault.Names, photos, witnesses
The maker or sellerA rollover can point to a defect. Rollovers matter most for side-by-sides.The machine, tires and seat belts as they are
A city, county or state agencyWritten notice within 6 months, and 60 days for the City of Midland.City Risk Management, 432-685-7246

What are the ATV helmet and age rules in Midland?

  • Helmet: Texas requires a helmet that meets U.S. Department of Transportation standards on public off-highway vehicle land, beaches and highways.
  • Age: TPWD says to match the machine to the rider and to supervise riders younger than 16. CPSC says riders under 16 should use youth models only.
  • Roads: stay off public roads except to cross where the law permits.

A missing helmet does not end a claim, but the other side will raise it as shared fault.

How long do I have to sue after an ATV crash in Midland?

Two years from the crash for most claims. If a child was riding, the 2 years do not start counting until the child turns 18.

If a government caused the crash, notice comes first. State law sets 6 months. The City of Midland charter sets 60 days, in writing to the mayor and city council. The notice must state the amount you will settle for, your address and the names of witnesses.

Signed waivers matter if the ride was a rental or a tour. Texas lower courts have said a parent's pre-injury release may not bind the child, but the Texas Supreme Court has not decided it.

Questions

Can I ride an ATV on the streets of Midland?

We did not find a Midland rule that allows it. CPSC says to stay off public roads except to cross where the law permits. Ask Midland Police before you ride on any street.

What if a pipeline or oil company was involved?

Write down the company name and photograph any marker or sign near the crash. The 2024 Midland Police report on a rollover mentions a petroleum pipeline marker.

Where is an ATV lawsuit filed in Midland?

File with the Midland County District Clerk at 500 N. Loraine, Suite 300, 432-688-4500. A County Court at Law is another option for a case worth up to $500,000.

Does a lawyer cost anything up front?

That depends on the lawyer, so ask before you sign. Injury Basics is not a law firm and cannot take your case.

ATV or side-by-side accident in Midland? See if you are owed money.

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Sources (33)

  1. Midland County Sheriff, Patrol Division, checked 2026-11-08. “patrol all 902 square miles of Midland County”
  2. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  3. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
  4. 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”
  5. 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”
  6. Tex. Transp. Code 551A.072, checked 2026-11-09. “a safety helmet that complies with United States Department of Transportation standards”
  7. Texas Parks and Wildlife Department, checked 2026-11-09. “Supervise riders younger than 16 years of age.”
  8. CPSC, checked 2026-11-09. “Stay off paved roads. Never ride on public roads, except to cross, where permitted by law.”
  9. Midland Police Department news release, checked 2026-11-09. “Neither occupant was wearing a helmet”
  10. 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”
  11. City of Midland, About MFD, checked 2026-11-08. “provides fire protection and emergency medical services”
  12. City of Midland, Police Department directory, checked 2026-11-08. “Non-Emergency Dispatch Ph: 432-685-7110”
  13. Midland County Sheriff, Contact Us, checked 2026-11-08. “For Non-Emergencies, call (432) 688-1040”
  14. Texas Parks and Wildlife Department, checked 2026-11-09. “Game Warden Bean 432-230-6584 Game Warden T. Washington 325-482-7205 Sheriff's Office: 432-688-4600”
  15. Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
  16. Midland County Sheriff, Contact Us, checked 2026-11-08. “Records Section (432) 688-4660”
  17. Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
  18. Texas DSHS Trauma Facilities, checked 2026-11-09. “MEDICAL CENTER HOSPITAL 2/1/2029 J ODESSA 79761”
  19. Texas DSHS Trauma Facilities, checked 2026-11-09. “UNIVERSITY MEDICAL CENTER 10/1/2028 B LUBBOCK 79415”
  20. 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”
  21. Tex. Civ. Prac. & Rem. Code 75.003, checked 2026-11-09. “does not charge for entry to the premises”
  22. 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”
  23. CPSC 2024 OHV report, checked 2026-11-09. “Rollovers are especially consequential for ROVs”
  24. 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”
  25. City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
  26. CPSC, checked 2026-11-09. “Riders younger than 16 should drive only age-appropriate youth models - never adult models.”
  27. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  28. City of Midland Charter, Sec. 8, checked 2026-11-08. “shall give the mayor and city council notice in writing of such injury”
  29. City of Midland Charter, Sec. 8, checked 2026-11-08. “the amount for which the claimant will settle”
  30. Texas A&M AgriLife Extension, Texas Agriculture Law, checked 2026-11-09. “a pre-injury release signed by a parent is not enforceable to release the defendant from all liability”
  31. Texas A&M AgriLife Extension, Texas Agriculture Law, checked 2026-11-09. “The Texas Supreme Court has never directly addressed this issue.”
  32. Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”
  33. Midland County Courts-at-Law, checked 2026-11-09. “Civil cases in which the amount in controversy exceeds $500 but does not exceed $500,000”

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