In the early 1980s, the U.S. Consumer Product Safety Commission (CPSC) began analyzing data on ATVs (all-terrain vehicles) to provide statistics on the numbers of ATV-related injuries and deaths each year. According to a report by the CPSC, there were 251 ATV-related deaths in 1985; 398 in 1999; and 467 in 2005. Of those deaths in 1999, 90 victims were younger than 16 years of age, and of the 467 deaths in 2005, 120 were under 16 years old.
Since 1982, over seven thousand people have died as a direct result of an ATV-related accident, and of those deaths, over two thousand victims were under 16 years of age. Clearly, the number of ATV-related deaths is a serious problem that affects thousands of consumers each year.
What may be even more shocking than the statistics regarding ATV deaths, is the fact that victims of ATV accidents rarely win the lawsuits brought against the manufacturers of these dangerous and often deadly vehicles. ATV manufacturing companies spend a great deal of time and money to defend cases against them, and many lawyers are simply reluctant to sue the manufacturers because it is so difficult to win the case for the victim. In court, the manufacturers’ lawyers blame the riders of the ATVs, and jurors often side with the defense because of the large number of government-sanctioned safety warnings issued by the manufacturer of the ATV.
For 20 years, healthcare professionals and consumer advocates have been pushing the CPSC to pass meaningful regulations regarding ATVs to help reduce the number of injuries and deaths each year, yet the numbers still rise. In April 2007, a proposed Oregon law that would have banned any child under 12 from riding ATVs was tabled. This Oregon bill would have also put restrictions on the size of engines in ATVs ridden by children ages 12-15.
Oklahoma, however, has made some progress on proposed legislation. A bill to require children under 18 years of age to wear helmets while riding on or operating an ATV was approved in early April. If passed and signed into law, the legislation would require a $25 fine for anyone violating the helmet law.
While small strides are being made to regulate ATV use and reduce the number of ATV-related injuries and deaths, the numbers continue to rise, and the manufacturers often escape liability.
If you were injured in an ATV accident, look for a law firm that specializes in accident cases, such as The Bradley Law Firm in St. Louis, Missouri.
