Massachusetts Personal Injury Library
ATV Rollover Accidents: Do You Have Legal Recourse?
Do you have legal recourse if you were injured while driving an ATV?
An experienced product liability attorney can help you prove that the injuries you sustained while riding the vehicle were the direct result of its design flaws.
More than 500 riders are killed in ATV accidents each year, some obviously the victims of defective product design. Hundreds of thousands more are injured, some critically.
ATV accidents can result in critical injuries or death because:
- Drivers’ failure to wear seatbelts or helmets.
- Drivers are pinned beneath the machine and crushed.
- Drivers’ extremities are vulnerable to impact or amputation.
- The vehicle is not appropriately sized for youth riders.
Why Design Has an Impact on Accident Numbers
An ATV’s design is based on a motorcycle model, adapted with one or two extra wheels for ground stability and heavy-tread tires for compatibility with a variety of terrains.
You’d think that vehicles with three or four wheels would be safer than those with only two, but the added road contact requires similar bulk in its vertical design. ATVs weigh more than two-wheelers. Therefore, many are top-heavy and have more wind resistance compared to more maneuverable motorcycles. Some ATV models try to compensate for weight and bulk by using slimmer tires. This combination puts riders at the highest risk for rollovers.
Government Regulations on the Use of ATVs
While states may mandate minimum driver ages and safety courses, the federal government can only issue guidelines and recalls based on factual accident data. It relies on the integrity of manufacturers to sell the right vehicle to the right rider.
This is why ATV makers have created youth models, recommended for riders ages 12 to 16. Many stipulate that riders must be physically able to reach the vehicle floor with both feet while their backs rest against the seat back. While this may mean that the machine is of adequate size to be operated, it doesn’t mean that the driver has the skill to do so.
Most state laws only require safety training of youths who drive on government property, which represents just a fraction of accident sites.
A recent Yamaha Rhino utility-terrain vehicle (UTV) recall prompted by hundreds of lawsuits may set a precedent for ATV safety standards. You can stay informed of any ATV recalls or warnings via the Consumer Product Safety Commission.
Get the latest legal info from the American Bar Association’s resource center, and browse around. It pays to learn a little about a model’s design and track record before making a purchase.
To learn more about your rights if you are involved in an ATV accident, contact a product liability attorney at Kiley Law Group. There are NO FEES unless one of our lawyers wins your case.
