All-terrain vehicles (commonly known as ATVs) are an increasingly popular leisure vehicle all over the nation and in Massachusetts. ATVs use low pressure tires, and are designed to handle a variety of different and difficult terrains over which other vehicles typically cannot travel. Because the driver of an ATV straddles the seat, doesn’t wear a seatbelt, and often operates his or her ATV on very tough terrain, these vehicles are thought to and do pose significant dangers and risks of bodily injury.
In addition to recreation, ATVs are used for a number of other activities, including herding livestock, ranching, farming, transportation in rural areas, cargo transportation and access to areas that are otherwise impossible to reach.
Because the popularity of ATVs continues to soar, the number of Massachusetts ATV accidents and Massachusetts deaths involving ATVs have significantly increased. ATVs have an inherently unstable design. All-terrain vehicles, which can sometimes weigh more than 700 pounds, can easily tip over or even roll over. ATVs are frequently used on uneven surfaces and the vehicles have high-performing engines, engines that are capable of reaching speeds greater than 60 mph. It is thus clear why the number of Massachusetts ATV-related fatalities and ATV injuries continue to grow.
For experienced Massachusetts ATV accident attorneys, ATV accidents differ from traditional auto accidents in a number of ways. For one thing, most ATVs are covered under homeowner’s insurance, rather than auto insurance. In addition, although there are federal and state laws and regulations governing ATV safety, few of these laws give any guidance as to fault and liability in ATV accident cases. Most ATV accident cases will turn on negligent supervision or similar claims, especially when the operator is a child or untrained user.
In 2008, the Consumer Product Safety Improvement Act established national design and safety standards for the manufacture of ATVs. Hence, a crucial starting pointing in any all-terrain vehicle accident case is to determine whether the vehicle complied with the Consumer Product Safety Improvement Act. If it did not, you or another ATV accident victim or both may have meritorious Massachusetts product liability claims.
Other than the Consumer Product Safety Improvement Act, the ATV industry has little federal regulation. Instead, safety is left to a patchwork of state laws. Several ATV-related recalls have been made for product dangers, such as the failure of brakes or the steering system, an inability to control speed, fire hazards and other design defects.
Massachusetts has a range of state laws dealing with ATV safety. First and foremost, all ATV users must wear helmets. Statistics indicate that women and children are usually more seriously injured in ATV accidents than are adults and men. Hence, Massachusetts bans ATV usage for children age 14 and under, subject to a few exceptions: 1) children over 10 who are participating in a special event; 2) children 10 to 12 who are supervised by an adult on a parent’s land; 3) children 12 to 14 if supervised by an adult over 18.
As a matter of prudence, parents of children qualifying for these exceptions should make sure that their children are riding appropriately sized ATVs – ATVs made especially for younger riders. Furthermore, all ATV riders should be adequately trained, should stay off the roads (unless briefly crossing a road), should restrict their passenger and cargo loads to safe levels, should not operate ATVs under the influence of any mind-altering substance including alcohol or drugs, and should fully understand all Massachusetts ATV laws, rules and regulations.
