In the wake of an ATV accident that injured five children in Beryl, Utah, Ann Evans, off-highway vehicle coordinator for the Utah Division of State Parks, reminds the public to pay heed to safety when riding off-road vehicles. Evans told the Salt Lake Tribune that one disturbing trend she is seeing is mothers carrying babies on ATVs in chest carriers. Evans says carrying a baby on an ATC is dangerous and could cause traumatic brain damage to the baby in the event of an accident.
Helmets alone are not the answer. Pediatric experts consider the use of helmets unsafe for children under 1 because their neck muscles are not strong enough to support them.
Nationwide, the Consumer Product Safety Commission received reports of 410 deaths and more than 135,000 injuries from ATV accidents for all ages. Utah reported 25 deaths for the 2006 to 2008 period, noting that its data collection for those years is not complete.
Traumatic brain injury is perhaps the most severe injury associated with ATV accidents. According to the Brain Injury Association of America, traumatic brain injury can negatively impact thinking, language, learning, emotions, behavior and sensation. Traumatic brain injury places its victims at increased risk for epilepsy, Alzheimer's disease, Parkinson's disease and other brain disorders that become more prevalent with age.
In assessing liability when an ATV crash or rollover causes traumatic brain injury, a threshold question is whether any state or federal safety guidelines were violated, and if so, by whom. In Utah, all ATVs must be registered and may not be operated on public roadways. Age and training requirements apply to the use of ATVs on public lands.
While proper operation is one issue of importance in assessing liability in ATV accident cases, manufacturing defects are also a key consideration. The CPSC publishes recall lists when a particular model of ATV is determined to be unsafe by that agency or by the manufacturer.
Ultimately, state product liability and negligence laws will determine whether an ATV manufacturer, owner or any other party is liable for injuries sustained in an ATV accident.
