Findlay Personal Injury Lawyer - ATV accident

ATV accident causes boy to lose eyesight, case settles for $6.01 million

Chuck Boyk — Sun, 21 Dec 2008 17:04:00 GMT

Our Toledo, Ohio ATV accident attorneys want to remind riders to be careful while riding on ATVs, and also want to discourage parents from allowing their children under 16 from riding them at all.

A case involving an ATV accident that caused blindness to a little boy was recently settled in Pennsylvania for $6.01 million.

A nine-year-old boy was riding his grandfather’s ATV unsupervised, when a hunting dog escaped from his kennel and startled the boy. He then lost control of the ATV, flipped it, and the handlebar punctured the boy’s eye. The ATV accident caused permanent blindness.

In order to prevent an ATV accident, riders should not use the vehicles on a road – they are built to be off-road. Always travel at a safe speed, and never ride with a passenger. One of the most important factors in preventing a wrongful death from an ATV accident is using a helmet.

Originally posted at InjuryBoard by Chuck Boyk

Report on ATV accidents reflects importance of ATV safety

Chuck Boyk — Mon, 17 Nov 2008 17:58:00 GMT

Statistics on ATV accidents as well as the ATV accidents our office handles are devastating, especially when the ATV accident has jeopardized a child’s health and safety. Our attorneys depend on research performed by our office, along with research performed by government agencies, to provide accurate information to the general public.

That is why we are including the following report by Robin Ingles, which was published in December 2007 in the Washington Post. The report focuses on ATV accidents and the number of wrongful deaths and injuries resulting from them.

Read the following excerpt from Ms. Ingles’ Washington Post article, “Which Toys Are Okay? Don't Ask the Safety Police.”

One of my first projects as a statistician in the Directorate for Epidemiology at CPSC was to generate statistics on injuries and deaths associated with all-terrain vehicles. I read hundreds of police reports and autopsies of children and adults who had died when their ATVs rolled onto them or when they crashed into trees because the vehicles were too big and powerful to control.

Each spring for five years, I sat at my desk behind stacks of fatality reports that rose higher than my head. One year I hung a wall map by my desk and put dots at the location of each death: red for children, yellow for adults. By my third year on the project, West Virginia was obliterated by the tiny dots. Eventually I realized that there were too many deaths to track on a map, and it was too depressing.

In the 1990s, the industry had been bound by strict regulatory agreements with CPSC, but they had expired in 1998. Since then, the deaths and injuries have skyrocketed: In 1999, an estimated 536 people died on ATVs. By 2004 that number had climbed to 767. If current trends continue, the number of ATV deaths will soon exceed 900. In 2005, U.S. emergency rooms treated an estimated 136,700 ATV-related injuries. Last year they treated even more. A quarter to a third of the dead and injured were children.

Industry representatives suggest that the increase in injuries and deaths is the result of higher sales, but CPSC's own statistical research -- what little of it the agency has released -- shows that other factors are at work.

Click here for the full article.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Oregon mom helps us learn about ATV accidents

Chuck Boyk — Fri, 14 Nov 2008 18:13:22 GMT

Sue Rabe knows firsthand the devastation that ATV accidents can have on a family. Our attorneys had help continuing their blog series on ATV safety from this mother, also the co-founder of Concerned Families for ATV Safety.

The Rabe family lost their son, Kyle, to an ATV accident when he was only 10 years old. He had been riding for over a year and a half without any accidents. His parents write on the website that he was a very cautious, skilled rider wearing boots, gloves, several layers of clothing and a full face, approved helmet.

But all of those factors did not prevent an ATV accident.

“It’s devastating,” said Sue Rabe of Turner, Oregon. “Kyle was three months shy of his 11^th birthday. Until you have children, you won’t understand that they become your number one. They are everything to you.”

Sue Rabe fought hard to get Oregon Senate Bill 49, “Kyle’s Law,” passed, which would prohibit anyone under 12-years-old from operating an ATV. It would also put stronger restrictions on ATV riders between 12 and 15 years of age, and make helmet use mandatory.

While the bill did not pass, Sue believes that all of the lobbying and attention that Kyle’s Law received helped save lives.

“Last year not one child in the state of Oregon died in an ATV accident,” Sue said. “The year before, eight kids died. Apparently someone is listening.”

Stay tuned for our on-going series on ATV accidents as we report the information that Concerned Families for ATV Safety and Sue Rabe has provided us with.

Originally posted at InjuryBoard by Chuck Boyk

ATV accidents can cause serious personal injury, wrongful death

Chuck Boyk — Tue, 11 Nov 2008 15:45:00 GMT

The Yamaha Rhino’s high center of gravity and narrow wheelbase makes it tip easily, which can lead to ATV rollover accidents. The rollbar and seatbelts do nothing to protect the lower legs, which can be ejected during a tip or roll.

Injuries from an ATV accident can include broken arms or legs, including hands and feet. Often during a rollover ATV accident, the driver’s leg becomes pinned under the 1,100-pound ATV, crushing the limb. There have been cases where the injury to the leg leads to amputation.

Children involved in an ATV accident are more likely to suffer wrongful death. Their small bodies cannot control the weight of the ATV, making it easier for them to run into another object, roll the ATV over, or fall off the vehicle.

Severe head wounds are one of many injuries that can happen to kids during ATV accidents. Brain injuries, fractures, and spinal cord injuries can often occur, which could lead to wrongful death.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Yamaha Rhino investigated after ATV accidents

Chuck Boyk — Thu, 06 Nov 2008 16:40:11 GMT

Our Toledo, Ohio ATV accident lawyers have seen firsthand the types of injuries that ATV accidents can cause, as well as how those personal injuries can affect a family.

The Wall Street Journal recently reported that the U.S. government is investigating all-terrain-like vehicles, or ATVs, after numerous reports of ATV accidents have surfaced.

In this first segment on ATV accidents, our Toledo, Ohio ATV accident attorneys will address how these accidents happen. Yamaha Rhino accidents, which seem to occur most often, can happen even when a driver is not driving recklessly.

Yamaha Rhinos are tall and have a narrow wheelbase, making it more likely that they will tip over during a turn. Even people who were wearing a helmet and using the factory-installed seatbelt suffered injuries from Yamaha Rhino ATV accidents. The types of injuries that a person can suffer will be discussed in our next blog, “ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part II.”

Turning quickly, or riding up or down a hill at an angle can cause an ATV to rollover. Until 2008, Yamaha Rhinos were not equipped with doors. If a driver felt the ATV starting to tip, many times they would stick their leg out to prevent a rollover, since there was nothing to keep their legs inside the vehicle. Even seatbelted drivers would have their legs pinned under the 1,100-pound ATV.

If you or someone you know has suffered injuries from an ATV accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and can provide you with a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk