August 28, 2008

ATV Accidents and Injuries to Children are Preventable in Florida and Other States

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ATV (All Terrain Vehicle) accidents and injuries to children are preventable in Florida and elsewhere. Injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. The Daily Mail, a New York based website, reported that " a recently released government report indicates that 555 Americans — including more than 100 youth — died from injuries sustained in all-terrain vehicle accidents nationwide last year. The Consumer Product Safety Commission further revealed that an additional 146,600 people received emergency room treatment for ATV-related injuries in 2006 (the most recent year numbers are available for).

The report also noted the top 10 states for ATV fatalities between 1982 and 2006. In order, they are Pennsylvania, 420; California, 418; West Virginia, 398; Texas, 386; Kentucky, 367; <strong>Florida, 349; Tennessee, 322; New York, 303; North Carolina, 297; and Michigan, 296."

The Daily Mall posted a good article on the use and dangers of ATV at ATV Accidents Are Preventable.

Injuries caused by ATVs are often times covered by homeowner's insurance of the owner of the ATV. If your child is injured on the ATV of another person, contact a Florida child injury lawyer / attorney for advice, consultation, and representation.

July 9, 2008

Florida Children Under 16 Must Take ATV (All Terrain Vehicle) Course

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All Florida children under the age of 16 must take a course in order to legally ride an ATV (All Terrain Vehicle). The purpose of the law is to educate children about the safe operation of ATVs. In turn, this training hopefully will reduce serious Florida child personal injuries sustained in ATV crashes and incidents. The new law also applies to dirt bikes as well. In 2006, there were 550 deaths caused by ATV accidents nationwide. You can read more about the law and comments on the same at State requires more all-terrain training to stem injury, death.

All owners and operators of ATVs should follow safety procedures especially when children are involved. Children do not have the strength, balance, or judgment of adults. Helmets should be worn, speed should be safe, and the terrain should be checked out at a slow speed on the initial run.

June 24, 2008

Death of 9 Year Old (William B. Coburn) from Baker County ATV Accident - Legal Rights and Responsibilities in Florida

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A Florida ATV (All Terrain Vehicle) crash resulted in the death of William B. Coburn, a 9 year old, from Starke (Bradford County), Florida. The driver, Nathaniel D. Ryan, age 26, was driving the ATV on private property according to a Florida Highway Patrol Spokesman. I am completing a case involving a 9 year old who fell off an ATV in North Florida. The facts are strikingly similar to the facts involving William B. Coburn. In handling these legal matters, the following issues should be addressed by the Florida Child Injury Lawyer representing the family of the injured child:

1. Who owned the ATV?

2. Did the child have the permission of his parents to ride as a passenger on the ATV?

3. What was the estimated speed of the ATV? (An accident reconstruction expert may be needed to determine speed and other aspects of the crash.)

4. Was the child wearing a helmet? (I previously posted an article regarding Florida Helmets and ATVs in February 2008.

I grew up riding an ATV on my father's plant nursery in South Florida. The terrain was flat for the most part and we did not go off the property of the nursery for any serious riding. Even on the flat surface of the nursery grounds, the ATV did flip on occasion due to speed and the design of the ATV.

Liability insurance including homeowner's insurance covers injuries and deaths related to ATV crashes. Child injury cases can be complex and it is helpful to have the advice, counsel and representation by a Florida child injury lawyer to make sure that the rights of the family and the child are protected and enforced.