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All-terrain vehicles, or ATVs, were first produced in the 1970s and 1980s for recreational use. These first ATVs were designed with three wheels and balloon wheels in place of suspension. In time, four wheel ATVs were introduced on the market and were sought for both utility and recreational purposes. It is estimated that 2.4 million ATVs are currently owned in the United States.
ATV safety has been a serious concern since these off-road vehicles were first introduced. These vehicles’ high center of gravity, instability and higher speeds, poor or no suspension, lack of rear wheel differential, and occupant exposure all compromise ATV safety. Each year, more and more people are injured or killed in ATV accidents. In the late 1980s public concern about ATV safety provoked major changes in the ATV industry’s practices.
In a Consent Decree between the US Consumer Product Safety Council and the ATV industry, the latter voluntarily agreed to stop all production of 3-wheel ATVs due to serious safety problems. The ATV industry also agreed to adopt a voluntary approach to ATV safety. This ATV safety approach included restricting engine size in ATVs sold for children’s use, implementing a national ATV safety training program, and additional ATV safety standards.
Despite these ATV safety changes, more and more people are injured in ATV accidents every year. In 2000, more than 250,000 people required medical treatment for injuries suffered in ATV crashes. As many as 300 people are killed in ATV accidents each year. One in three people killed or injured in an ATV accident is under the age of sixteen.
Consumer groups argue the current approach to ATV safety is grossly failing to protect consumers. The American Academy of Orthopedic Surgeons states that ATVs are a threat to public safety. Many experts believe that the ATV industry in concealing and/or withholding critical information about its voluntary approach to safety. These consumer rights and child safety advocates argue that the current approach must be replaced with a proactive ATV safety initiative implemented by the US Consumer Product Safety Commission.
There are many proactive ATV safety measures consumers can take to reduce their risk of suffering injury or death in an ATV accident. A good fitting, high quality helmet can protect a rider from serious head and neck injuries, the leading cause of death in ATV accidents. Protective gear and clothing can also protect a rider against non-fatal injuries like punctures, abrasions, lacerations, and internal damages. ATV safety is greatly compromised by rider inexperience. ATV riders should receive training on how to safely and properly operate an ATV.
If you would like to learn more about ATV safety or have been injured in an accident, please contact us to speak with an experienced and qualified attorney who can determine the best way to protect your legal rights and interests.
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