Protecting Minors: Legal Perspectives on ATV Accidents Involving Children

ATV riders like to share the experience with friends and family members. Many parents look forward to teaching their kids to ride an ATV so they can enjoy outdoor recreation with the family. However, ATVs can be more dangerous for children than for adults. 

ATV accidents involving children can cause broken bones and head injuries and could even be fatal. Most ATVs are not designed for children riders. Without a proper warning or design changes, ATV companies are putting children at risk by making them available to young riders. 

If your child is injured in an ATV crash, talk to an experienced ATV accident attorney about your legal rights.

How Common Are ATV Accidents With Children?

There are over 100,000 injuries involving off-road vehicles each year. The majority of those off-road accidents involve all-terrain vehicles (ATVs). For children, the statistics are even more concerning. According to the Consumer Product Safety Commission (CPSC), from 2016 through 2018, there were nearly 300 fatalities among children under the age of 16 involving off-road vehicles. 

According to the American Academy of Pediatrics (AAP), children under 16 should not operate an ATV. Parents who enjoy riding ATVs off-road with their families may not want to hear this. However, this opinion is from emergency room pediatricians who have dealt with ATV-related injuries. 

Why Are ATVs So Dangerous For Kids?

There are several reasons why ATV use can be even more dangerous for children than adults. ATVs do not have many of the safety protections that cars have developed. Most ATVs don’t have airbags, seat belts, or crash-avoidance systems. It is easy for an ATV to roll over, going around a sharp turn at high speed and pinning the child underneath. 

Adult-size ATVs are not made for child-size bodies. Children may not have as firm a grip or control over the handlebars, throttle, and brakes. Children also weigh less and are more easily tossed around on the vehicle as it goes over bumps and rocks.  

If you do take your kids out for a ride, there are some ATV safety rules you can follow to reduce the risk of injury. Injury prevention when operating ATVs includes: 

• Wear a helmet, eye protection, and protective gear
• Stay off public roads with other motor vehicles
• Don’t ride with another ATV driver
• Get proper safety training on a safety course 
• Encourage safe riding practices

Who Is Responsible After an ATV Accident?

Sometimes, negligent riders or drivers cause dangerous collisions. Even if your child is on an age group-appropriate ATV, another ATV operator could be speeding around the corner, causing a serious crash. Just like in a car accident lawsuit, the negligent rider is liable for damages. 

Defective ATVs can also cause accidents. If the ATV manufacturer fails to warn buyers of the dangers for young children, the manufacturer could be responsible for injuries. In a product liability lawsuit, the manufacturer is liable for selling dangerous products to consumers. This includes a failure to warn riders of the dangers or design defects that make the ATV unsafe to ride.  

What Kinds of Injuries Do Children Get on an ATV?

Thankfully, most ATV accidents with children involve minor injuries. These include bumps, bruises, broken bones, dislocations, and cuts. However, serious injuries can require immediate medical treatment, including back injuries, neck injuries, and traumatic brain injuries (TBIs).

When Can You File a Personal Injury Claim After an ATV Accident?

If your child suffers an ATV injury caused by someone else, you can file a personal injury claim for damages. A personal injury lawsuit is a way to hold the negligent party liable for injuries to your child. You can show the other person was negligent if they violated state laws or safety standards, which caused the injury. Damages in an ATV accident claim can include: 

• Medical expenses
• Loss of earnings
• Damage to your ATV
• Pain and suffering
• Emotional distress

What Is an ATV Wrongful Death Claim?

When someone dies in an accident, they cannot file a personal injury lawsuit against those responsible for the accident. Instead, the family can file a wrongful death lawsuit in the place of their loved one. A wrongful death lawsuit allows the family to recover compensation for an ATV-related death. Damages in a wrongful death lawsuit include: 

• Funeral costs
• Burial expenses
• Loss of support

How Can an ATV Accident Lawyer Help?

If your child is injured in an ATV accident, your first concern is your child’s health and safety. However, if someone else was responsible for your child’s injuries, they should be held accountable.

A personal injury claim against the at-fault party will help you get compensation and prevent them from hurting other kids in the future. Talk to an experienced ATV accident lawyer to learn more about your legal rights.