ATV and Recreational Vehicle Accidents

While ATV (all-terrain vehicle) and recreational vehicle riding can be an enjoyable pastime for many people, few understand or recognize the many dangers that accompany the activity. If you or a loved one has been injured, or if you have had a loved one pass away as a result of an ATV accident, the lawyers at Phillips & Webster can assist you in recovering compensation for damages resulting from the tragic incident.

• Increase in ATV-related Injuries and Deaths
• Children and ATV Safety
• Defective ATV and Recreational Vehicle Design

Increase in ATV-related Injuries and Deaths

In recent years, accidents and fatalities related to ATV and recreational vehicle use have increased dramatically. ATV-related fatalities have sky-rocketed since 1998, the year a long-standing consent decree established between the Consumer Product Safety Commission (CPSC) and major ATV manufacturers expired. Since 1998, the CPSC has estimated that ATV-related casualties have nearly doubled from 400 a year to 700 a year while serious injuries necessitating emergency room treatment, including spinal cord injury, brain injury, burn injury and others, have risen to more than 136,000 a year.

Various changes in the ATV industry may possibly be attributed to the rise in ATV-related injuries and death. According to the Consumer Federation of America (CFA), starting in the mid-1990s, ATV manufacturers stepped up the amount of money spent on advertising, spending 6.5 times more between 1996 and 2001. These revitalized advertising campaigns flaunted the high-end performance, speed, and racing ability of ATVs, all of which are attributes that tend to be especially alluring to younger, less cautious ATV operators. The physical capabilities of ATVs also changed in the late 1990s, as horsepower, acceleration rate, and speed capabilities were continually increased. In addition, the basic design of ATVs as it relates to the stability, handling, and control of the vehicle, has for the most part gone unchecked. Efforts to promote ATV safety have rested mostly upon riders educating themselves and each other.

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Children and ATV Safety

An especially tragic aspect of the rise in ATV-related accidents and casualties is the increased number of children victimized by such incidents. Unfortunately, up to a third of the hundreds of people killed and thousands injured in ATV accidents will be children under 16-years-old. While many may laud the increasing appeal of ATVs and recreational vehicles among younger children, the reality remains that children are at a great risk of injury when they engage in riding ATVs.

The unpredictable nature of ATVs makes them susceptible to flipping over at any given moment, which can catch even the most experienced and mature drivers off-guard. The power of these vehicles, lack of proper restraints, and unstable terrain on which they are ridden can all contribute to a serious accident. Although the danger of these vehicles is known, ATV manufacturers have not taken the proper measures to increase the safety of their products. Therefore, having proper training and following safety guidelines are the most effective measures for protecting children and preventing injury.

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Defective ATV and Recreational Vehicle Design

The basic design of ATVs renders them unstable, and, there are currently no regulations governing ATV stability. This means that there are no guarantees of the vehicle's resistance to rolling over or pitching in any given direction.

There are four main types of design-defect stability situations that are recognized for the purposes of filing a case:

• Rearward pitch-over
• Forward pitch-over
• Sideways rollover
• Combination rollover / pitch-over crash

The first type, rearward pitch-over, is associated with a sudden increase or decrease in speed. Forward pitch-over occurs when the vehicle flips end-over-end. A sideways rollover typically comes as a result of a sharp turn that inhibits the driver's control of the ATV.

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Learn More about ATV Litigation in Washington

Although few lawsuits have been filed on the grounds of injury or death caused by ATV and recreational vehicle use, the lawyers at Phillips & Webster are prepared to proceed with your case to get you the financial compensation you deserve for your injuries or the wrongful death of your loved one. If you or someone you love has been injured or killed in an ATV-related accident, please contact Phillips & Webster today.

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