Florida law defines an ATV as any off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. Thousands of people are injured or killed in ATV accidents every year. Sadly, many of the injuries are to young persons and children under the age of sixteen. ATVs are serious business. They are dangerous and powerful vehicles that can travel at speeds up to sixty miles per hour. ATVs are heavy machines that can weigh more than seven hundred pounds. Often, if caution is not taken, these machines can easily roll or tip over ejecting the rider or crushing the rider under the vehicle’s heavy weight. ATV-related injuries and deaths can be caused by operator negligence, inexperience, or the lack of proper training or instruction. Some accidents are due to speeding, traveling too fast for conditions, operating under the influence of drugs or alcohol or driving at night without lighting. Sometimes, it is a manufacturing defect that causes or contributes to ATV accidents. Some such defects include, faulty steering mechanisms, defective brakes or throttles, improper or inadequate operating and safety instructions, defective tires and defective lighting systems. Sometimes, accidents arise due to ATV design defects or improper design. Possible ATV design defects include narrow wheel base with small tires, center of gravity related issues and inadequate rollover accident protection.
ATV accidents happen too often and can have devastating effects. The U.S. Consumer Product Safety Commission (CPSC) compiles an Annual Report of ATV-Related Deaths and Injuries. Nationally, in 2008, the CPSC report indicates that there were 410 ATV related deaths and more than 135,000 ATV related injuries. In Florida alone, between 2006 and 2008, there were 106 reported deaths from ATV-related accidents. The CPSC report states that nationally, from 1982 through 2008, there were 2,588 ATV-related fatalities of children under 16. In Florida alone, there were 97 deaths of children under the age of 16 between 1982 and 2005. These are sobering statistics.
If you or someone you know was injured by an ATV, you should contact Lesser, Lesser, Landy & Smith, PLLC as soon as possible after the accident. Additionally, do not allow anyone to drive the vehicle or tamper with it. You should maintain the ATV in the condition that it was in immediately after the accident. If a death is involved, make sure that the authorities impound the ATV while the investigation is pending. If it is your vehicle or it is in your possession, do not make any alterations or repairs to the ATV. If possible, keep the ATV in a secure place like a garage or shed so that it is not exposed to the elements. Take photographs of the ATV and the location where the accident occurred. This will help our investigation and will capture the conditions of the vehicle and location while your memory is still fresh. We will have our experts inspect the ATV. Finally, it is also very important to gather all documents relating to the ATV including the owner’s manual, invoice or purchase documents, and any correspondence or other documents received from the manufacturer, dealer or seller. Always remember that ATVs are inherently dangerous machines whose operation can result in serious or fatal injuries. Safety precautions should be taken before you or someone you know begins to operate an ATV. There are ATV safety programs and classes that everyone should take before operating an ATV for the first time. An ounce of prevention is worth a pound of cure.
