All-terrain vehicles (ATVs) are motorized cycles, with three or four balloon-style tires, designed for recreational off-road use. Over the past two decades, ATVs have soared in popularity with over 8 million now in use. The tragic result: nearly 80,000 users have died, and 2 million users have suffered serious injuries according to the Consumer Product Safety Commission (CPSC). Each year an estimated 135,000 ATV accidents occur. A large number of riders are treated for traumatic brain and spinal cord injuries and tragically, nearly one-third of the injured riders are children.
ATV sales over the last decade have tripled to over five billion dollars a year as companies produce bigger, and faster models, featuring 4-wheel drive and power steering. ATV manufacturers have failed to address the vehicles’ primary safety defect – its propensity to overturn.
MYTH: ATVs ARE SAFE
It is undisputed that three-wheeled ATVs are unsafe, which is why the Consumer Product Safety Commission (CPSC) forced the three-wheeled ATVs from the market in the late 1980’s. Unfortunately, many people mistakenly believe that four-wheeled ATVs are safer than the three-wheeled ATVs. The danger with ATVs is intensified because the vehicles weigh as much as 600 lbs., they are difficult to operate, and can reach speeds up to 75mph. A ride on a defectively designed ATV can quickly turn catastrophic, resulting in brain and spinal cord injuries.
The costs associated with ATV accidents are not borne by the injured individual. Taxpayers and employers, through government and private insurance, pick up the majority of the $3 billion a year in medical expenses, according to estimates from consumer agencies
MYTH: ATVs DO NOT HAVE DESIGN DEFECTS
ATVs that overturn or flip forward or backward are the most common type of ATV accidents. Engineers and safety advocates have long pointed to the key contributing factor for ATV accidents: defective ATV design. ATVs have a narrow wheel base, and high-ground clearance, which allows ATVs to travel on rough terrain, and narrow trails. Unfortunately, these design flaws make the ATVs far less stable than cars or SUVs. Many times ATVs will rollover after the vehicle hits something or crosses over uneven terrain, causing traumatic brain and spinal cord injuries. As ATV companies make heavier machines, overturns pose an increasing danger.
MYTH: IF ATV RIDERS OBEYED THE SAFETY RULES, ACCIDENTS WOULD NOT OCCUR
Many studies analyzing fatal crashes have indicated that overturns were as common among riders who appeared to be obeying basic safety warnings as among riders who did not obey safety rules. It is irrefutable that ATV accidents happen because of defective design flaws even if children and adults are obeying all the safety warnings promulgated by the ATV industry.
MYTH: EVEN IF THE ATV IS NOT SAFE, A HELMET WILL PROTECT ME FROM INJURY.
The reality is that wearing a helmet will not guarantee protection to adults and children involved in a serious ATV accident. Engineers, safety experts, and the ATV industry reluctantly admit that helmets will not protect you from a brain or spinal cord injury when an ATV overturns.
CONCLUSION
When an ATV accident occurs, it is critically important that the ATV is not repaired, changed, modified, altered or destroyed before it can be examined by an independent expert to determine the cause of the accident. Leading ATV manufacturers: Honda, Polaris, Yamaha, Kowalski, Suzuki, Bombardier, and Artic Cat have been successfully sued for ATV design defects. I have successfully brought claims, on behalf of individuals who have suffered fractured skulls, anoxic brain damage, paraplegia and quadriplegia, against ATV manufacturers and won millions of dollars in compensatory damages to pay for therapy costs, home modifications, van modifications and lifetime medical needs.
As ATV casualties continue to increase, the medical community and consumer advocates have clamored for safety changes. The only protection for consumers is to force manufacturers to make ATVs safer by exerting pressure on the Consumer Product Safety Commission.
SUCCESSFULLY LITIGATED ATV CASES
ATV – All-Terrain Vehicle- Warning – Traumatic Brain Injury and Spinal Cord Injury
A minor was injured when a three-wheeled All-Terrain Vehicle (ATV) flipped over, causing catastrophic head and spinal cord injuries. We argued that the ATV was inherently dangerous and defective in design, since the ATV would tip over, roll over, and pin riders under the vehicles. I recovered millions of dollars for my minor client which was placed in a medical trust fund to pay lifetime medical and rehabilitation expenses. SUGGESTION: Explicit warnings should appear on any products, especially those that hold serious potential danger for children. Consumers need to be aware of the dangers and make sensible choices when purchasing products. Parents should not allow children to ride on ATV’s because of the risk of injury. Children lack both the coordination and judgment skills that are needed to control the vehicle safely.
Helmet – Product Liability – Failure to Meet Governmental Safety Standards – Traumatic Brain Injury.
A helmeted individual was riding an All-Terrain Vehicle (ATV). The driver lost control and he was thrown off the ATV striking his head on the ground. The helmet cracked, and the individual suffered a fractured skull with resulting traumatic brain injury. A structure analysis of the helmet revealed that it was defective because it did not meet governmental safety standards. I filed a lawsuit against the helmet manufacturer which was successful. Several million dollars were placed structured settlement to pay for the client’s lifetime medical bills. SUGGESTION: Any time a catastrophic injury occurs and a product is involved, the product should be carefully examined to determine whether or not it was defective. Many products must be manufactured to meet industry and governmental safety standards. The product involved in your accident should never be destroyed, altered, modified, or changed in any way until it has been examined by your attorney and an expert.
Coma – All-Terrain Vehicle – Coma Stimulation/Coma Awareness Program
An individual was riding an All-Terrain Vehicle (ATV). The family believed the ATV was defectively designed and caused her traumatic brain injury. The client was a Level 2 on the Rancho Scale. The doctor believed that my client could benefit from a coma stimulation program. The health insurer, which was a managed care provider, argued that the individual could not benefit from the rehabilitation program, since her care was custodial in nature. I was successful in using the health insurance contract, a bad faith argument, and medical documentation from the treating doctors, to prove that my client could benefit from a coma stimulation/coma awareness program. The lawsuit against the ATV manufacturer was successful. The client used the proceeds from the lawsuit to pay for continuing rehabilitation, accessible housing and additional nursing care. SUGGESTION: A family should be aggressive in fighting a managed care insurer when they are denied the recommended programs for the patient. Families need to recognize that obtaining health insurance benefits from a managed care insurer is an adversarial process.