ATV and UTV Accidents Continue To Cause Litigation Over Injury and Death

With the first successful personal injury litigation case against Yamaha and Rhino UTV completed, this verdict will have broad implications on the hundreds of other pending lawsuits, including several in Orange County, California.

The accident associated with this litigation occurred when the UTV Mr. Roger Mc Taggart was driving rolled over at low speeds and then trapping his legs under the vehicle. He sustained serious and permanent injuries.

This verdict awarded Roger and Glenda Mc Taggart (both plaintiffs) $317,000 for both current and future medical expenses. In addition to the medical expenses, the jury found that the company was negligent and Yamaha's Rhino design was defective and that the vehicle had safety problems.

Currently there are hundreds of pending lawsuits against Yamaha at this time. Over sixteen million Americans now ride all-terrain vehicles and their popularity is at an all-time high. However as with all sports that grows quickly, accident can happen and manufacturers can rush product to the consumers without testing them thoroughly.

According to the Consumer Product Safety Commission's 2008 Annual Report of All-Terrain Vehicle (ATV)-related Deaths and Injuries, over 135,100 people were treated in emergency rooms due to ATV accidents and over one quarter of them were children.

Additionally, 410 deaths have occurred. There are many reasons for these accidents but the primary factors are lack of developmental skills and parent supervision.

If you choose to participate in this type of sporting activity, children should always wear protective equipment and ride age-appropriate vehicles.

ATV's are classified into three groups; Y-6 for ages 6-11, Y-12 for 12-15 year olds and the adult version. The main difference is the size of their engine and the maximum speeds. Over 90% of the youth accidents occur when a youth is operating an adult ATV.

The manufacturers place placards of minimum age requirements for a reason. The key to safe driving is parental supervision.

California's state laws regarding ATV operations are some of the strictest in the nation, due to the fact that we have the highest death rate in the country. State law requires that operators on public lands wear a helmet at all times. Additionally, No one under 18 years of age can operate an ATV unless they have a safety certificate or are with an adult with one.

Attending a safety training program can decrease the risk of personal injuries tremendously.. In fact, no one under the age of 18 is allowed to operate an ATV without possessing a safety certificate. For an ATV training course near you, visit www.atvsafety.gov/state/california.html .

Additional Safety Tips from the ATV Safety Institute are:

* Always wear a helmet and other protective gear; goggles, boots and jackets.

* Never ride on public roads where another vehicle could hit you.

* Never ride under the influence of alcohol or drugs.

* Never carry a passenger while driving an ATV.

* Ride an ATV that's right for your age.

* Supervise riders younger than 16, ATVs are not toys.

* Ride only on designated trails and at a safe speed


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James Ballidis is a California injury lawyer and the author of several books on managing your recovery after a physical injury. For more articles on personal injury, or if you wish to obtain a copy of his books, please review the articles of this California injury attorney. If you need help because you were injured in an accident, please call us at (866) 981-5596.