The CPSC and GAO define ATVs as “off-road motorized vehicles, usually with four tires, a straddle seat for the operator, and handlebars for steering control.” The ATV category does not include side-by-side vehicles such as the Yamaha Rhino and Polaris Ranger, which the government now classifies separately as recreational off-highway vehicles.

GAO says that ATVS have increased in popularity during the last decade and have become a concern to the CPSC and various safety and consumer groups because of their propensity to roll over. Of particular concern is the matter of children who are injured or killed while driving adult-size ATVs or riding as passengers on an ATV that experiences a rollover or crash.

Last October, the CPSC announced it had voted to publish an advance notice of proposed rulemaking (ANPR) to address safety hazards associated with off-highway vehicles and ATVs. According to the CPSC, “preliminary evaluations indicated that the vehicles may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.”

The GAO report will likely influence what new regulations, if any, the CPSC adopts to govern the use of ATVs in the U.S.

GAO analysis found that “injuries and fatalities increased substantially during the last decade, but not as rapidly as the number of ATVs in use, which nearly tripled. According to Commission staff, an estimated 816 fatalities occurred in 2007, the agency’s most recent annual estimate, compared with 534 in 1999, a 53 percent increase.”

GAO says an estimated 134,900 people were treated in emergency rooms for ATV-related injuries in 2008 – a 65 percent increase over the 81,800 people treated in 1999 for injuries resulting from ATV use. Approximately one-fifth of ATV-related deaths and about one-third of the injuries involved children.

No federal regulations exist governing the use of adult-size ATVs by children. GAO says that accidents involving children frequently occur when children are allowed to ride ATVs that are too large and too difficult for them to handle.

Despite the fact that ATVs can weigh about 600 pounds or more and travel at speeds up to 70 mph, many adults allow children to drive or ride them for recreation. As a result, the U.S. is seeing a continued rise in ATV-related injuries and deaths in children.

“Manufacturers and distributors have agreed to use their best efforts to prevent their dealers from selling adult-sized ATVs for use by children, but recent GAO undercover checks of selected dealers in four states indicated that 7 of 10 were willing to sell an adult-sized ATV for use by children.”

CPSC estimates that costs associated with ATV fatalities and injuries more than doubled in less than a decade, soaring from $10.7 billion in 1999 to $22.3 billion in 2007.

To download a version of the GAO’s full report, go here.

SOURCE: Yamaha Rhino Rollover › Government Accountability Office releases ATV report

An all-terrain vehicle crash claimed the life of a 16-year-old girl from the Chinquapin community in Duplin County, North Carolina last weekend. According to NBC affiliate WITN in Washington, North Carolina, the girl was identified as Raven Kennedy, a student at East Duplin High School.

Authorities investigating the accident said Kennedy was driving the ATV on private property when it rolled over after Kennedy attempted to turn onto a dirt road. Her passenger, 20-year-old Michael Pickett, was taken to Duplin General Hospital, where he was treated and released.

In South Carolina, a 13-year-old boy died when he was riding his ATV with friends. According to Florence County Coroner Bubba Matthews, the boy, who was identified as Benjamin Byers, lost control of the ATV and was crushed when the vehicle rolled over on top of him. Byers was rushed to Lake City Hospital where he was pronounced dead just before 3 p.m. on January 11.

Near White City, Oregon, three two teenage girls were treated for injuries at a local hospital when the ATV they and another friend, also a teenage girl, flipped. Reports say that the ATV’s driver lost control of the vehicle just as she attempted to cross Highway 140 in southern Oregon just outside White City.

One of the girls of the girls was ejected when the vehicle rolled over. The other girls were trapped under the vehicle after it rolled over multiple times. All three girls survived the crash.

In Nova Scotia, Canada, a teenager died when he was ejected from the vehicle after hitting some rocks in the road. 18-year-old Alexander MacPhee of Nine Mile River was riding his ATV with two friends when the accident occurred. Halifax Royal Canadian Mounted Police said that MacPhee was wearing a helmet but that it had come off when he the rock. He was pronounced dead at the scene.

In an effort to reduce the incidence of injury and death caused by ATV accidents, the U.S. Consumer Product Safety Commission (CPSC) announced last October that it voted to publish an advance notice of proposed rulemaking (ANPR) to address safety hazards associated with ATVs.

According to the CPSC, the agency’s preliminary evaluations found that ATVs may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.

“The need for federal rulemaking on ROVs (recreational offroad vehicles) is the consequence of not having a voluntary standard that effectively safeguards consumers, said CPSC Chairman Inez Tenenbaum in a statement, adding that she believed her agency could play a vital role in making ATVs safer.

SOURCE: Yamaha Rhino Rollover › ATV accidents turned January into a tragic month for many teenagers

In Jackson County, Alabama, where at least one person was killed in an ATV accident last year, representatives of the Sheriff’s Department, Emergency Management Agency, the Scottsboro Fire Department, AirEvac, and other emergency services are in the planning stages of developing community education and training courses for ATV safety.

“ATV safety is very needed in our county,” Michael Sims, coordinator for the Jackson County Extension Office, told Jackson County’s Daily Sentinel. According to the Sentinel, Sims said that more adults and children need to be wearing helmets while riding and often they have too many have passengers riding on the vehicles.

In Pittsylvania County, Virginia, two Pittsylvania County volunteer fire departments are hosting an ATV Safety Awareness event this weekend to “provide tips on minimizing the dangers of riding an ATV,” the Danville News reports.

Proceeds from the event, which includes a yard sale and bake sale, will benefit the family of a local teen who was killed in an ATV accident in October. The money raised will help cover medical expenses and scholarships.

Tragically, in Pittsylvania County just last Friday, a 2-year-old boy fell off an ATV that his mother was driving and died. The mother and the boy’s sister were also injured when the ATV crashed. The tragedy occurred after the fire departments planned the Pittsylvania County awareness event. The timing of the incident underscores the need for more ATV safety events.

Regardless of the safety measures a driver takes, all-terrain vehicles are by their very nature dangerous vehicles that can maim or kill even the most experienced drivers and their passengers. When drivers disregard or don’t know the laws governing ATV operation (if their state has rules), or if they fail to take the most basic safety precautions, a fairly dangerous machine becomes a very deadly one.

Some ATVs, such as the Yamaha Rhino, contain design flaws that make them unreasonably dangerous. Yamaha designed the Rhino to fit in the bed of a standard pick-up truck, giving it a narrow stance that makes the vehicle prone to roll over, even when it is driven on a flat surface and at a low rate of speed. The Rhino’s propensity to roll over, combined with a lack of safety features that adequately protect passengers, has caused hundreds of serious injuries and dozens of deaths across the U.S.

SOURCE: Yamaha Rhino Rollover › Communities offer ATV safety events to mitigate off-roading dangers

Mississippi remains one of the few states with almost no laws restricting the use of ATVs. As a result, the number of ATV-related injuries and deaths in Mississippi is three times higher than in most other parts of the country.

Tragically, in Mississippi, children are too often the victims of the dangerous vehicles, and there is a growing feeling that the state’s lack of legislation governing their use and safety represents a big part of the problem.

Two days before Christmas, in Warren County, Mississippi, an ATV accident claimed the life of 15-year-old Caitlin Lopez, who was driving a Yamaha Big Bear when “suddenly it flipped,” according to Jackson NBC affiliate WLBT. The accident injured 6-year-old twin sisters Kimberly and Kaylee Madison, who were passengers in the Yamaha when it rolled over.

“Knowing that they’re here and that they’re walking and talking and breathing. It is remarkable to me,” Selena Madison, the mother of the twins, told WLBT.

Last year, Coroner Gillentine-Green pronounced the deaths of 20-year-old Crystal Hooper and her 5-year-old cousin Natalie Aguilar, who were killed when the ATV they were on crashed. According to available reports, Hooper lost control of the ATV and ran into a trailer full of building supplies. Both Hooper and Aguilar sustained head injuries in the accident.

But will adding new legislation, such as requiring the use of helmets, help reduce the number of ATV-related injuries and fatalities? Warren County Sheriff Martin Pace says it will.

“I attribute at least some of this to Mississippi’s lack of legislation,” Pace told WLBT, referring to the recent spate of ATV crashes that claimed the lives of Mississippi teens and children.

But Sheriff Pace also believes that the vehicles are dangerous to start with, and that anyone riding them should be extremely cautious, no matter what the laws are.

“In 2009, we’ve lost two beautiful teenage girls to four wheeler accidents. And they’re just inherently dangerous vehicles,” Pace said.

Two Mississippi legislators, Gray Tollison (D) and Dannie Reed (R) are also calling for better legislation.

“We need to consider legislation this session to decrease the increasing number of ATV deaths and serious injuries, especially children. I believe that the passage of a law requiring the use of a helmet and required training for persons without a drivers license would go a long way to reduce the number of ATV deaths and serious injuries in Mississippi,” Tollison said in a statement.

SOURCE: Yamaha Rhino Rollover › ATV deaths prompt Mississippi to consider better ATV legislation

Because more than 500 lawsuits have been filed in federal courts throughout the U.S., a “bellwether” approach is being taken to manage the caseload. A group of plaintiffs will be selected to represent all of the other plaintiffs in the case. Bellwether trials are occasionally formed when large numbers of plaintiffs file suit and proceed on the same theory or claim. The verdict from these trials will be extrapolated to the other plaintiffs’ cases, and will indicate the trends in all remaining cases. The multidistrict litigation (MDL) could also lead to a settlement.

Nearly all Rhino lawsuits filed against Yamaha claim that the vehicles have design flaws and lack key safety features, both of which make the vehicles unstable, prone to roll over, and unusually dangerous. The Rhino’s narrow frame and track width and its high center of gravity have played a role in hundreds of rollovers and crashes since the vehicle’s debut in 2003. Most plaintiffs claim that the vehicles were being operated appropriately and responsibly when the accidents occurred, often on level ground and at low speed.

The first of the MDL trials is scheduled to start on October 18, 2010 and will involve a case brought by a Kentucky woman. Subsequent cases are scheduled to be heard on November 15, November 29, December 13, and January 10, 2011.

Yamaha issued a safety recall of all Rhino vehicles last spring and ordered its dealerships to stop selling all Rhino models until a series of safety upgrades could be completed on each new vehicle.

On August 27, a Texas jury cleared Yamaha in a case brought by the parents of Forrest “Eddie” Ray, a 13-year-old boy who was killed when the Rhino he was driving flipped. Although seen as a landmark trial and victory for Yamaha, the boy’s father testified that his son had been driving a modified Rhino and was not wearing a helmet at the time of the accident.

SOURCE: Yamaha Rhino Rollover › Federal Yamaha Rhino cases set for multidistrict litigation next year

The boy lost control of the ATV, which the report described as an adult-size machine with a 660-cubic-centimeter engine. He was reportedly thrown from the vehicle and the ATV rolled on top of him, lacerating his legs. Emergency workers rushed the boy to Petrolia Hospital. He was later transferred to London Health Sciences Hospital, where he was underwent surgery for his injuries.

The injured boy was accompanied by another 11-year-old boy who was riding a dirt bike when the accident occurred. Both boys were wearing helmets. The boy on the dirt bike was not injured, according to the report.

The accident came just two weeks after another Ontario boy was killed in an ATV accident just a few miles away in Lambton Shores. In that incident, 7-year-old Kaedon Brown died when the ATV he was riding rolled over onto him.

Although some restrictions governing ATV use by children already exist in Ontario, the OMA says the present laws are inadequate. The association advises that no children under 14 years old should be permitted to drive an ATV of any size within Ontario.

Children 14 to 16, the OMA proposes, should be allowed to drive only low power ATVs incapable of exceeding 30 km/hour. The OMA says the rules should apply to ATV use on both public land and private property throughout Ontario.

Alluding to advertising tactics that portray off-roading as a safe and acceptable form of recreation for children, the association also asks “that the ATV manufacturers respond to medical community concerns and voluntarily discontinue their marketing to children without waiting for legislative restrictions …”

SOURCE: Yamaha Rhino Rollover › Ontario boy severely injured in ATV rollover

“As physicians, we are seeing far too many children with serious injuries caused by the use of ATVs,” said OMA president Dr. Suzanne Strasberg in a statement. “Ontario’s doctors firmly believe that there is nothing more important than protecting the health and safety of children in the province.”

Statistics show that in Ontario, like in other parts of the world where ATVs are popular, children ages 5 to 19 account for one-third of ATV injuries and fatalities. From 2005 to 2006, 5,584 Ontarians went to the emergency room with ATV related injuries. The number of people hospitalized with injuries sustain in ATV crashes continues to rise sharply year after year.

One reason the OMA says that children make up such a high percent of the injured is their “lack of physical and cognitive ability to operate ATVs.”

“Research demonstrates that ATVs require considerable muscle strength, as well as proficient cognitive, motor and coordination skills, and experience in making split-second judgments; generally these skills are underdeveloped or critically lacking in children,” the OMA report states.

Some restrictions governing ATV use by children already exist in Ontario, but the OMA believes the present laws are inadequate. The association proposes that no children under age 14 should be permitted to drive an ATV of any size within Ontario. Older children 14 to 16 years should be allowed to drive only low power ATVs that cannot exceed 30 km/hour. The OMA wants to see these rules go into effect on both public land and private property throughout Ontario.

The association also asks “that the ATV manufacturers respond to medical community concerns and voluntarily discontinue their marketing to children without waiting for legislative restrictions …”

To help protect against traumatic brain injury and death, the OMA wants government-approved helmets to be compulsory for ATV drivers of all ages.

The Ontario Safety League (OSL) backs the OMA’s proposal. “The risks and dangers that children face when they operate an ATV are overwhelming and can’t be ignored any longer,” said OSL President Brian Patterson. “That’s why the Ontario Safety League fully supports the OMA’s recommendations to strengthen existing ATV legislation and we hope to see swift implementation of these long overdue regulations.”

SOURCE: Yamaha Rhino Rollover › Ontario Medical Association wants children banned from ATVs