Missouri Injury Lawyer Blog

As a St. Louis ATV accident lawyer, I was sorry to see that a seven-year-old boy died this past weekend in a serious ATV accident. The St. Louis Post-Dispatch reported Aug. 24 that Austin Henry of Troy, Ill. was riding his ATV with neighborhood kids and under his father’s supervision Aug. 22. According to the newspaper, he apparently lost control, hit a curb and was thrown from the vehicle. Despite the fact that he was wearing a full-face helmet, the little boy sustained serious head and chest trauma and died about 40 minutes later at a southern Illinois hospital.

Austin’s father, Paul Henry, told the Post-Dispatch that Austin was a good kid who didn’t break rules often. That was why the elder Henry was concerned when he saw Austin zoom past the driveway -- the border of the area where he was allowed to use the ATV -- and head into the street. Paul Henry chased the ATV but couldn’t catch up in time to stop Austin from turning a corner and hitting the curb. Investigators believe the throttle of the ATV may have been stuck, the paper said, which would explain why he lost control of the vehicle.

Unfortunately, I know from my experience as a southern Illinois ATV accident attorney that ATV safety problems are far from uncommon. In fact, the U.S. Consumer Product Safety Commission, the only federal agency regulating ATVs, levied a $950,000 fine against an ATV manufacturer in 2005 for selling ATVs with defective throttles and failing to report the problem. Other ATVs have come under fire for defective designs that make rollover accidents very likely, especially on the uneven ground where they tend to be used. As a result, the CPSC reported that ATV accidents increased by a staggering 180% between 1995 and 2004. A quarter of all those killed in ATV accidents, and a third of those suffering serious injuries, were minors under 16.

Continue reading "Seven-Year-Old Boy Dies in ATV Accident Possibly Caused by Defective Throttle" »

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

As a Missouri ATV crash attorney, I was disappointed to see that a young man died in an ATV crash near Kansas City April 11. Television station KMBC reported April 13 that Jeffrey Gervy was riding ATVs with a friend around 8 p.m. near a warehouse, when his friend swerved to avoid a puddle. Gervy hit the puddle, slipped and was thrown from his ATV, hitting his unhelmeted head on the pavement. He was taken to the hospital, where he died of unspecified injuries.

If you don’t know anyone who uses an ATV or any Missouri ATV injury lawyers, you may not realize how dangerous these vehicles can be. An ATV -- all-terrain vehicle -- is a three- or four-wheeled vehicle specifically intended for off-road use. Though some are used for work, most ATVs are used by hobbyists who enjoy off-road driving. But despite their off-road use, many ATVs are actually highly likely to roll over when they encounter the sorts of obstacles and rough patches that off-roading presents. Like sport-utility vehicles, ATVs have a high center of gravity that makes them easy to tip over, even during apparently routine riding. Unlike SUVs, ATVs don’t have a steel-reinforced cage, air bags or seat belts to keep their occupants safe.

In an accident, that means that ATV riders have virtually no protection, aside from perhaps a helmet. Missouri state law requires helmets for riders 17 and under, but adults are free to go without. By contrast, helmets are required for all motorcyclists in Missouri, regardless of age. In fact, a 2003 study of trauma patient hospital admissions for ATV and motorcycle accidents found that both vehicles caused roughly the same amount of fatal accidents -- and ATVs actually had a much higher incidence of head injuries. Complicating things further is the fact that children legally can and do ride ATVs, even those that are too big and powerful for the youngest riders. These safety problems contributed to an alarming 180% increase in fatal ATV accidents between 1995 and 2004, according to the federal Consumer Product Safety Commission.

Despite these dangers, ATV manufacturers have not added more safety features to their vehicles or strengthened warnings significantly -- and regulators have not followed up. If this failure to correct defects or warn riders results in a serious ATV accident, victims have the right to hold manufacturers legally responsible for their injuries, including catastrophic injuries like brain damage, amputation and paralysis. Our St. Louis ATV crash attorneys represent people throughout Missouri and southern Illinois who have lost a loved one or been catastrophically injured in crashes involving unsafe or defective ATVs. If you are in this situation and you’re ready to take action, The Lowe Law Firm can help. To set up a free consultation on your rights and your case, please contact us online or call toll-free at 1-877-678-3400.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

At least 30 deaths have been linked to the Yamaha Rhino. Now, the Consumer Product Safety Commission is investigating whether the off-road vehicles are safe.

Accord to an article in the Wall Street Journal, federal safety regulators are trying to determine whether the all-terrain vehicles (also known as utility terrain vehicles) pose a substantial risk of injury or death.

Introduced in 2003, the Yamaha Rhino has been responsible for countless injuries and even deaths. A driver and passenger sit side by side in this top-heavy ATV that rests on narrow tires, making it rollover-prone even at low speeds.

Compounding the danger is the absence of doors on the original model. Drivers and passengers have sustained broken legs, required leg amputations and even lost their lives because they tried to catch themselves as the ATV tipped over.

After the model was introduced to the market, Yamaha sent letters to owners, notifying them that sharp turns could cause the ATV to tip. The company also warned owners not to stick their legs out to stop a rollover. In 2007, Yamaha offered to retrofit all new and used Rhinos with doors and additional handholds. The 2008 models will come equipped with doors and grab handles.

However, the modifications do not fix the design flaws that make the ATV top-heavy and prone to tipping over.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous ATVs. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital or in the privacy of your home. Contact The Lowe Law Firm online or call 877-678-3400.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

A Missouri teen was seriously injured when the all-terrain vehicle he was driving overturned and landed on top of him.

According to the Springfield News-Leader, Michael W. Wilson, 17, was driving a 1988 Suzuki on Missouri NN in Pulaski County when the ATV went off of the right side of the road. Even though Wilson was wearing a safety device, he was thrown from the ATV and into a ditch. The ATV landed on top of him.

As all-terrain vehicles continue to soar in popularity, so, too, does the incidence of accidents and deaths involving ATVs. Because of their inherently unstable design, these vehicles, which sometimes weigh more than 700 pounds easily tip over or even roll. Add to this the frequent use of ATVs on uneven surfaces and the vehicles’ high-performance engines, capable of speeds topping 60 mph, and you can see why the numbers of ATV-related fatalities and injuries continue to grow.

According to the U.S. Consumer Product Safety Commission, the annual tally of accidents involving ATVs increased by nearly 180 percent between 1995 and 2004. Children younger than 16 years accounted for nearly a quarter of all ATV-related deaths and a third of ATV-related injuries, such as brain and spinal cord trauma. The average cost of hospitalization for the victim of an ATV accident was $21,304.

As a result of dangerous designs and manufacturing defects, children and adults have suffered brain injuries, spinal cord injuries and amputations and have even been killed in ATV accidents.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous ATVs. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital or in the privacy of your home. Contact The Lowe Law Firm online or call 877-678-3400.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

A recall has been issued on the four-wheeled Razor Dirt Quad because a defective throttle causes the vehicle to surge forward unexpectedly.

The U.S. Consumer Product Safety Commission announced a recall of the mini all-terrain vehicle on Sept. 25. Approximately 30,000 of the electric ride-on vehicles designed for children were sold nationwide from August 2006 through September 2007.

A defect in the throttle’s control module can cause it to surge forward unexpectedly. Razor, the maker of the vehicle, has received 60 reports of unexpected forward surges and two reports of injuries.

The vehicles were made in China and sold in the United States for $400.The product ID numbers included in the recall begin with 103110-01 or 103110-02.

According to the CPSC, the annual tally of accidents involving ATVs increased by nearly 180 percent between 1995 and 2004. Children younger than 16 years accounted for nearly a quarter of all ATV-related deaths and a third of ATV-related injuries, such as brain and spinal cord trauma. The average cost of hospitalization for the victim of an ATV accident was $21,304.

There is little regulation or oversight of the ATV industry. Instead, safety is left to a patchwork of state laws and the ability of the already overworked CPSC to issue recalls. In spite of this weak regulatory environment, several ATV-related recalls have been made for such dangers as failures of the brakes, steering system, and suspension; inability to control speed; fire hazards; and other design flaws.

As a result of dangerous designs and manufacturing defects, children and adults have suffered brain injuries, spinal cord injuries and amputations and have even been killed in ATV accidents.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous ATVs. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital or in the privacy of your home. Contact The Lowe Law Firm online or call 877-678-3400.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

Last week, lawmakers passed the Consumer Product Safety Improvement Act of 2008 which is expected to be signed by the president.

The new law would subject all-terrain vehicles made in China to U.S.-industry rules. The measure would also give the Consumer Product Safety Commission more authority to regulate ATVs.

The St. Louis Post-Dispatch reports in “Chinese-made ATVs add threat to the unregulated industry,” 850 people are killed every year in ATV-related accidents. That means, on average, two people every day die as a result of an all-terrain vehicle.

The article written by reporter Bill Lambrecht points out that Chinese-made ATVs now account for about half of all ATV sales in the United States . The models made in China are often constructed with lower-quality metal and parts. Models made for children may be more powerful than those made in the U.S.

U.S. makers of ATVs supported the legislation, calling the Chinese models unsafe. But some consumer rights groups, citing the number of fatalities and injuries linked to ATVs, say that the measure doesn’t go far enough. It simply protects the economic interests of U.S. manufacturers without imposing greater regulation.

Rachel Weintraub, who is with the Consumer Federation of America, said:

“The legislation creates an equal playing field but not necessarily a safe playing field.”

As Weintraub notes, the playing field isn’t necessarily safe. Because of their inherently unstable design, ATVs, which sometimes weigh more than 700 pounds easily tip over or even roll. Add to this the frequent use of ATVs on uneven surfaces and the vehicles’ high-performance engines, capable of speeds topping 60 mph, and you can see why the numbers of ATV-related fatalities and injuries continue to grow.

As a result of dangerous designs and manufacturing defects, children and adults have suffered brain injuries, spinal cord injuries and amputations and have even been killed in ATV accidents.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

Missouri, according to the Consumer Product Safety Commission, ranked ninth in the nation for all-terrain vehicle-related deaths in 2006.

The CPSC also reports that from 2003 to 2006, there were 146,600 ATV-related injuries across the U.S., 27 percent of which were kids under 16.

In “ATV accidents, complaints on the rise,” Jefferson County Suburban Journal reporter Sarah AuBuchon writes that once the weather warms up and school is out, emergency rooms see an increase in ATV riders with broken bones and head injuries.

Dr. Robert Beckman, an ER doctor at St. Anthony’s Medical Center, told the Suburban Journal that flip-overs are one of the most common causes of serious injuries.

“You have two opportunities for injury, the fall and then the ATV itself falling on you. People think ATVs are safe because they have four wheels, but they have a high center of gravity and flip over easily. If you’re going up a hill and they flip, you can fall 10 to 15 feet down a hill and then the thing lands on you. It’s like having a horse fall on top of you.”

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm online or call 877-678-3400.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

As the weather heats up, all-terrain vehicle enthusiasts are taking to the trails. Unfortunately, some are getting hurt.

On Sunday evening, a 40-year-old man suffered a head injury when the four-wheel, all-terrain vehicle he was riding crashed, rolled and landed on a bed of rocks at the bottom of a hill. The accident occurred on a trail in Kansas City, Kan. KCTV-5 reports that the man was airlifted to the University of Kansas Medical Center where he remains in critical condition.

The news story doesn’t identify the make and model of the ATV involved in the accident. However, one four-wheel ATV model that has been responsible for countless injuries and deaths is the Yamaha Rhino.

Introduced in 2003, a driver and passenger sit side by side in this top-heavy ATV that rests on narrow tires, making it rollover-prone even at low speeds.

Compounding the danger is the absence of doors on the original model. Drivers and passengers have sustained broken legs, required leg amputations and even lost their lives because they tried to catch themselves as the ATV tipped over.

After the model was introduced to the market, Yamaha sent letters to owners, notifying them that sharp turns could cause the ATV to tip. The company also warned owners not to stick their legs out to stop a rollover. In 2007, Yamaha offered to retrofit all new and used Rhinos with doors and additional handholds. The 2008 models will come equipped with doors and grab handles. However, the modifications do not fix the design flaws that make the ATV top-heavy and prone to tipping over.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm online or call 877-678-3400.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark:

Two Missouri teens were killed last week and one was seriously injured while riding all-terrain vehicles, the St. Louis Post-Dispatch reports.

Yesterday, Zachary T. Barker, a 15-year-old from Potosi, died. He was a passenger on an ATV being driven by a 14-year-old. The ATV they were riding drove out of a ditch, onto the highway and into the patch of an oncoming car. The ATV was hit by the car and the boys were thrown 60 feet.

On Tuesday, the body of Daniel R. Dorsey, a 15-year-old from St. Charles, was found in a swollen creek. Dorsey had been riding an ATV and it is believed he crashed it in the creek.

Monday, 14-year-old Madeline Moreton of Wildwood was seriously injured when the ATV she was driving hit a tree.

According to the U.S. Consumer Product Safety Commission, the annual tally of accidents involving ATVs increased by nearly 180 percent between 1995 and 2004. Children younger than 16 years accounted for nearly a quarter of all ATV-related deaths and a third of ATV-related injuries, such as brain and spinal cord trauma.

Because of their inherently unstable design, these vehicles, which sometimes weigh more than 700 pounds easily tip over or even roll. Add to this the frequent use of ATVs on uneven surfaces and the vehicles’ high-performance engines, capable of speeds topping 60 mph, and you can see why the numbers of ATV-related fatalities and injuries continue to grow.

Now that schools are closing for the summer, it is likely that more teens will be riding ATVs. Survive the Ride, a coalition of hospital and helicopter workers who often treat ATV injuries, urges riders to wear helmets. Riders are also urged not to allow passengers on ATVs. In addition, only people over the age of 16 should be allowed to use adult-sized ATVs.

If you or a loved one has been injured or a family member has been killed in an ATV accident we urge you to contact The Lowe Law Firm. Our attorneys will find out whether the the manufacturer or someone else is responsible for the accident. If so, we will then seek for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: ATV Accidents

Bookmark: