ATVs Remain Dangerous and Prone to Accidents, Crashes
Since their introduction in the early 1980s, ATVs have resulted in thousands of deaths and hundreds of thousands of emergency room visits.
March 25, 2011
A recent death of a 12 year old in Florida highlights the danger inherent in the operation of All Terrain Vehicles (ATVs). Since their introduction in the early 1980s, ATVs have resulted in thousands of deaths and hundreds of thousands of emergency room visits.While the designs have changed from the original 3-wheel, tricycle layout of the first Honda ATV, what hasn't changed is the danger posed by using these recreational vehicles. Since 1982, Florida has reported 447 deaths in connection with ATVs.
Nationwide, in the same period, at least 10,000 people have died in ATV accidents, more than one-quarter of them kids under 16, according to data from the Consumer Product Safety Commission (CPSC).
Deaths On The Rise Again
In the late 1980s, the CPSC took the unusual step of suing manufacturers of the ATVs, resulting in the stopping of production for the 3-wheel ATVs, which the commission characterized as an "imminently hazardous consumer product.'' This led to an improvement in the injury and death numbers in the early 1990s.
As more ATVs came into use with more riders, injuries and death began to creep up -- by 1999 the number of ATV-related deaths exceeded the numbers from the 1980s. Between 2000 and 2008, its estimated almost 7,000 people were killed in ATV accidents.
The Yamaha Rhino
CBS news reported on the problems of the Yamaha Rhino in August of 2009. The ATV had sold more than 150,000 after its introduction in 2003. The vehicle, which has four-wheels, seating for two and a bed for hauling objects, has been entangled in numerous personal injury and wrongful death lawsuits.
The story notes that during an introductory test drive, the president of Yamaha's U.S. subsidiary was injured when it rolled over. The CPSC reports that 59 riders have been killed in Rhino accidents. More than 440 wrongful death and personal injury lawsuits are pending, and Yamaha has settled others.
Safety Guidelines For ATV Operation
In Florida, the only state legislation controlling ATVs deals with their use on public land. The program is administered by the Florida Division of Forestry, and they worked with the ATV Safety Institute to develop a specialized Florida E-Course that can be taken online.
According to Florida law, when operating an off-highway vehicle on public land, all riders age 6 to 15 must possess a Florida OHV Safety Certificate and they must be supervised by an adult.
The Division of Forestry lists safety tips on their off highway vehicle page:
- Always wear a helmet and other protective gear.
- Never ride on public roads - another vehicle could hit you.
- Never ride under the influence of alcohol or other drugs.
- Never carry a passenger on a single-rider vehicle.
- Ride an ATV that's right for your age.
- Supervise riders younger than 16 - ATVs are not toys.
- Ride only on designated trails and at a safe speed.
- Take an ATV RiderCourse.
Injured In a Florida ATV Accident?
However, safety tips won't protect you from a defective vehicle. If you have been injured in Florida, you may want to speak with an attorney experienced with handling cases involving ATVs. While manufacturers always claim that their vehicles are safe, it frequently takes a thorough examination of the accident and the conditions that led to it to determine if it was "an accident" or the result of a defective vehicle.
Those injured in Yamaha Rhino accidents argue that design problems make the vehicle prone to rolling over, due to the combination of a small wheelbase, narrow turning radius, high center of gravity and powerful engine.
Yamaha claims the Rhino is safe and it has not been formally recalled, but in March 2009. Yamaha offered a free vehicle repair and helmet giveaway to all owners of Rhino model 450, 660 and 700s, in order to enhance stability, reduce the potential for rollover, and to improve occupant protection. They also added half-doors, a feature missing from the original production Rhinos. The CPSC cautioned that owners of Rhinos "should stop using them" until repairs have been made.
CSPC website lists dozens of recalled ATVs, with a variety of defects. If you or a family member has been injured or killed in connection with the operation of an ATV, consult an experienced personal injury attorney, who can look at your case and advise you whether you have a potentially viable lawsuit.
Article provided by Friedman Rodman & Frank PA
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