ATV DEATHS AND INJURIES ARE ON THE RISE

With the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine whether additional safety requirements should be added to the current law. To this end, the House ATV Safety Study Committee was created. The committee organized three public forums in three regions of the state for the purpose of hearing testimony from local law enforcement, medical professionals, ATV enthusiasts, industry representatives and concerned citizens about the issues surrounding safe ATV operation. In December 2005, the committee issued their report. One of the findings of the committee was that almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:
1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.
Notwithstanding all of the “work” that went into studying the problem, as of 2009 Georgia has yet to enact any legislation governing ATV operation in Georgia. Adults and parents of children must act responsibly to insure that ATV’s are not made available to young children and that they are operated safely. Some models of ATV’s have been found to have design defects and to have been manufactured with defective parts rendering them dangerous even if operated properly.
If you or a loved one has been seriously injured on an ATV, call the Georgia injury lawyers and product liability lawyers at Finch McCranie, LLP.