ATVs & Age Requirements

Many state legislatures are pushing for minimum age requirements for operating an ATV.

Operating an All Terrain Vehicle is not exactly as easy as it looks. Yes, there are some drivers who are so smooth in their operation of these vehicles that they make riding an ATV look very easy. However, is never very easy to maintain control such a vehicle. These vehicles are prone to rollovers to and this means a very careful hand has to be employed in order to reduce instances of accidents. This takes strict attention and a great deal of awareness. This is difficult for an experienced adult to handle. For a child, maintaining such composure while driving can be quite extremely difficult. This is why it is shocking that there are very few age restrictions regarding the operation of an ATV.

To be concerned about children riding these vehicles is not rooted in a sense of being over protective. In fact, the sheer volume of children who are hurt in ATV related accidents is alarming. It is believed that there are roughly ten children a day are rushed to emergency rooms to be treated for ATV crash related injuries. These injuries are hardly minor. Severe brain injuries, paralysis, and even death are the result of many of these tragic accidents. This is why there's such a strong call for a minimum age requirements for the operation of these vehicles. Yet, many legislatures are slow to enact such legislation. This is somewhat surprising considering that a lack of age restrictions has led to so many catastrophes. One would think action would be taking immediately. However, action is not forthcoming and age restrictions are not instituted. This is surprising because when the rider is a minor how can one assume that he or she can make the appropriate decisions regarding safe operation of the vehicle?

Sadly, it is doubtful that severe legislative action will be taken regarding raising the minimum age limits until the public starts to demand age restrictive litigation is enacted. While it is a shame that a series of negligence suits are required in order to prompt legislatures and action, at least there is a vehicle that can prompt lawmaker's actions into properly regulating ATV operation.

 

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A Unique Legal Challenge in an ATV-
Wrongful Death Suit

A case study of a very unique lawsuit surrounding an ATV wrongful death is provided.

For many, it is assumed that litigating a wrongful death case in relation to an ATV accident is a rather "cut and dry" affair. That is, if the driver of an ATV vehicle is killed as a result of a rollover then the driver's estate can sue for damages. In most instances, this would be an accurate assessment of the common wrongful death suits that are filed. However, a recent case in the state of Florida raises a number of unique questions regarding lawsuits associated with ATVs and wrongful death claims.

The facts in this unique case are as follows: A father took his son to a motor track where ATV's can be rented and driven. The motor track required that anyone renting the vehicles must sign a release stating that they will not sue if any injuries occur. Since the son was fourteen years old, the father signed the waiver for him. Sadly, the day turned out to be a very tragic event. The ATV malfunctioned and flipped over. When it flipped over it landed on top of the 14 year old killing him. Later, the mother of the young boy attempted to file a wrongful death suit. However, there was the issue of the signed a waiver form. Would this form free the motor cross site now free of any liability?

A number of questions have been raised out of this suit. First, the mother and father were divorced and she questions whether or not the father had the legal authority to sign the waiver if the mother had not agreed to it. Then again, there is also a legal challenge that states that the father had no right under any circumstances to sign on behalf of the minor. Therefore, the waiver would be invalid since it required the signature of the minor himself. The end result of this case is still not settled. It is currently being litigated in the Florida Supreme Court. When the case is finally completed and a judgment issued, it is surely to leave the door open for a number of legal questions regarding waivers and liabilities in general.

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The "Kiddie" ATV Recall

Some ATV "toy" vehicles are being recalled due to safety concerns.

Most people are familiar with the recalls that have been issued against a number of ATV vehicles. Now, when public reports mention the actual vehicle that has been recalled they will probably mention the make and model of the vehicle.

Most people are familiar with the recalls that have been issued against a number of ATV vehicles. Now, when public reports mention the actual vehicle that has been recalled they will probably mention the make and model of the vehicle. Now, this is no small task to remember. It is important this information be made public because even those who follow the industry closely may not be able to immediately remember which makes and models have been recalled. However, they will automatically assume that all the ATV's that have been recalled were manufactured for adults.

Adding the word adults in front of "ATV" the most rarely lead to some people shaking their heads. The reason for this is that they automatically assume all makes and models of these vehicles are designed for adults. After all, it is not like there are any ATV vehicles their produce specifically for children. Are there? Actually, there are a number of - for lack of a better word - ATV "toys" that have been produced.

Actually, the use of the word toy is not accurate. There are, however, a number of ATVs on the market that have been specifically built for use by younger drivers.

While these vehicles may have been designed for children , the dangers that these vehicles pose is definitely serious . In fact , so serious was the threat that one manufacturer, Baja Motorsports, has recall the number of these vehicles. Shockingly, these ATVs were specifically designed to be driven by children as young as age of twelve. It was reasonably assumed on the parents that these vehicles would be safe for their children to drive. However, this was not the case as there were manufacturer defects present in the design of the vehicles. This led to a greater propensity for accidents. This put the manufacturer at great risk for negligence suits and deservedly so. Children's ATVs are hardly harmless toys.