Missouri Injury Lawyer Blog

As a Missouri ATV accident attorney, I write here a lot about the dangers of ATVs. These are off-road vehicles used for entertainment or getting around large farms and ranches, and despite being motor vehicles, they are not subject to nearly the same regulations as roadworthy cars and trucks. However, one area where both classes of vehicle may be treated the same, at least in Montana, is liability of those who build and maintain roads for hazardous conditions that cause a crash. That was the issue in Fasch v. M.K. Weeden Construction et al., a Montana Supreme Court decision stemming from a single-vehicle ATV accident on U.S. Highway 59. The court ultimately ruled that the case should be decided by trial, not summary judgment.

Walter Fasch was using a three-wheeled ATV to bring some fresh produce to a friend, which obligated him to use Highway 59. The highway was under construction at the time, with traffic routed onto pavement while another part of the road was dirt. On his way home, Fasch’s ATV rolled over several times and ended up right-side up in the dirt part of the road. He testified that he was on the edge of the paved part of the road and encountered a small hole in the pavement that tipped over the ATV. The defendants testified that evidence showed Fasch was on the dirt part of the road, which was closed to traffic, when he hit the hole. Fasch ultimately drove the ATV back to Hirsch’s house and sought help for a punctured lung, broken rib and other injuries. Fasch sued the state Department of Transportation and two private contractors working on the construction. The trial court ultimately granted summary judgment to defendants, finding that Fasch was driving on the dirt when the accident took place.

On appeal, the Montana Supreme Court reversed that ruling, finding that the case poses genuine issues of material fact. It found that the trial court improperly relied on the fact that ATV tracks were found on the dirt portion of the road to conclude that Fasch was lying about having started out on pavement. This would make him ineligible for compensation because he would have been breaking the law by using the dirt portion of the road. However, the court said, that evidence was not documented with anything other than a diagram and witness testimony. Fasch had the same evidence to back up his version of events, which was that the one set of tracks was created when he drove back to Hirsch’s house, and that if he’d been on the dirt to start with, there would be two sets. A reasonable jury could accept that version, the high court found. Thus, the dispute here should be resolved by a full trial, not on summary judgment, it ruled, sending the case back down to trial court.

As a southern Illinois auto accident lawyer, I strongly agree that the evidence, as presented in this opinion, should get a fuller airing. Dangerous roadways don’t just affect ATVs, though ATVs may roll over more easily than most cars and trucks. People in ordinary cars and trucks can also get into serious accidents when dangerous conditions go unfixed. These include construction-related problems, like those in this case, as well as intersections that lack a needed traffic signal, debris in the roadway, vegetation blocking road signs, roads that create dangerous “blind curves” and more. These problems are generally the responsibility of the government entity responsible for building or maintaining the roadway, and sometimes also of construction contractors. This kind of lawsuit can be more time-sensitive and intricate than a case against a private party, so I recommend that potential plaintiffs contact our St. Louis defective roadway attorneys as early as possible.

Continue reading "Montana Supreme Court Finds Injured ATV Rider May Sue State DOT Over Roadway – Fasch v. M.K. Weeden" »

As a Missouri ATV accident lawyer, I’m accustomed to reading about devastating single-vehicle accidents with ATVs that have serious safety flaws by design. But a story out of Lincoln County, Missouri, shows that ATVs are also not a safe place to be when hit by a car. According to a May 22 article from the St. Louis Post-Dispatch, a couple in their early 80s were killed over the weekend after their ATV was rear-ended by a Pontiac driven by a teenager. Victor Harrell, 81, died at the scene; his wife, 82-year-old Virginia Harrell, was taken to the hospital but died there. The teen and his passenger were also treated at the hospital for serious injuries. The Missouri Highway Patrol is investigating whether charges are appropriate.

According to the article, the Harrells were going west on the paved Brevator Road outside Moscow Mills, Mo., northwest of St. Charles County. It was unclear what they were doing, but reports said they own a farm in the area. They were on top of a hill at 9:24 a.m. when Zacheriah Cain, 16, came up the hill behind them, westbound in the same lane, and hit the ATV. In addition to the fatal injuries to both Harrells, the crash caused serious injuries to Cain and his male passenger, who the Post-Dispatch said had the same last name. No charges have been filed, but the Missouri Highway Patrol is investigating each vehicle’s speed and the cause of the accident.

No matter what conclusion the Highway Patrol reaches, this story saddens me as a St. Louis auto accident attorney. ATVs are frequently used for recreation and sometimes for getting around unpaved land, but they are not intended to substitute for cars. For that reason, they lack many of the basic safety features required by law for passenger cars, such as seatbelts, airbags and a crush-resistant roof. That means that whenever a car (or truck) and an ATV crash, the people in the ATV usually sustain far worse injuries. In fact, the lack of seatbelts or even sides or a roof in many ATVs makes them a great deal more like motorcycles from an injury standpoint — it’s very easy to be thrown from the vehicle. That can lead to head injuries, broken bones and other serious injuries, regardless of who caused the crash.

Continue reading "Elderly Northeast Missouri Couple Dies After Their ATV Was Rear-Ended by a Car" »

I know ATV enthusiasts are likely to go out riding when the weather gets warmer — but as a Missouri ATV accident attorney, I also know that their ATVs aren’t always safe. Unfortunately, that was the case with an ATV accident that has a southwest Missouri town grieving for an elementary school principal. Leasha DeCamp, 41, died April 4 of injuries she sustained in an ATV accident two days earlier, when she hit a bump and was ejected from the vehicle. DeCamp, 41, was the principal of Hubble Elementary School in Marshfield and a married mother of two who lived in Webster County. A funeral is scheduled for Friday at Marshfield High School, from which she graduated in 1988.

According to the Marshfield Mail, DeCamp was riding a 2011 Arctic Cat ATV in her own driveway when the accident took place. Around 4 p.m., the ATV reportedly hit a bump in the driveway and ejected DeCamp from the vehicle. She was unresponsive when emergency medical workers arrived. Emergency workers airlifted her to St. John’s Hospital in Springfield, where she was listed in critical condition for two days. Reports said she was on life support with a serious brain injury. A Missouri Highway Patrol trooper said DeCamp was not wearing a helmet, but that helmets are not required for adults operating ATVs on their own property. She was the only person on the ATV.

As a St. Louis ATV accident lawyer, I know all too well that Missouri ATV safety laws do not require helmets for most adults. State law requires helmets for people 18 and under, and for all riders when they use public roads. However, ATVs are designed for off-road use, which means adult riders aren’t required to wear helmets in most situations. It’s unclear whether a helmet would have helped DeCamp, but safety studies of motorcycle helmets find helmets effective at preventing or reducing the kind of head trauma that she reportedly had. The designs of certain ATVs pose several other safety problems. In addition to lacking a seatbelt or other restraint mechanism, ATVs are sometimes designed with a perilously high center of gravity, increasing the chances of a life-threatening rollover crash during ordinary use.

Continue reading "Southwestern Missouri School Principal Dies in ATV Accident in Her Own Driveway" »

All-terrain vehicles, or ATVs, are motor vehicles designed for off-road use, and are most commonly used for riding through natural paths and for recreational and outdoor activities. Despite the fact that ATV tires have been optimized to provide safety and control when navigating through unpaved paths, there has been a dramatic increase in accidents related to ATVs. As a result, government officials have taken regulatory measures in an attempt to prevent further accidents.

But injuries and even deaths continue to rise, especially among young people and children. In May of this year, a young girl was taken to the hospital and reported to be in critical condition after her ATV crashed into a cranberry bog and landed on top of her. The 12-year-old girl’s older brother was riding on another ATV and helped pull the four-wheeler off his sister. She very nearly drowned from the incident but, thanks to his swift actions, is expected to survive.

Another family suffered a similar misfortune a few years earlier. In 2006, Mark and Katie Kearney lost a son in an ATV accident. The boy, Sean, was staying at his friend’s house where they were allowed to ride ATVs without adult supervision. Sean’s ATV tumbled over, and five days later he died of brain injuries sustained from the accident.

The Kearneys are presently lobbying “Sean’s Bill” in their state. The bill calls for the prohibition of children age 14 and younger from riding ATVs. The current state policy permits children 10 years of age and older to ride ATVs under the supervision of an adult. Additionally, the bill aims to increase the penalties for violators. If the bill passes, guardians and parents who allow their young children to ride ATVs will see higher penalty fees and face the possibility of criminal charges.

As exemplified from the two accidents, the majority of ATV deaths and injuries are the result of the vehicles overturning or colliding, and many of the reported accidents occur in the absence of adult supervision. The risks and consequences of ATV accidents involving children can be reduced significantly or prevented. Owners of ATVs, especially the parents of children who drive these vehicles, should take full responsibility in supervising their children at all times and following even the most basic of safety precautions.

The terrifying and tragic story of California Highway Patrol officer Mark Saylor and his family has come to a resolution, in the form of an out-of-court settlement with Toyota. As a St. Louis automotive product liability lawyer, I hope that the settlement helps Saylor's family to gain some sense of closure amidst their sorrow. The accident that killed Saylor and his family became famous last year because it was one of the first stories of deaths blamed on Toyota and Lexus vehicles that had unintended acceleration problems. Saylor was a law enforcement officer trained in handling vehicles at very high speeds, making this tragedy particularly hard to blame on the mistakes or inexperience of the driver.

Saylor's story is a particularly dramatic version of the kind of tragedy that I see frequently in my work as a Missouri automotive defect attorney. In August 2009, Saylor, 45, was driving a 2009 Lexus E350, with his wife, Cleofe, 45; their daughter Mahala, 13; and Cleofe's brother, Chris Lastrella, 39; just outside San Diego. Lastrella called 911 to report that the car's accelerator pedal was stuck. The Lexus raced down the freeway at speeds up to 120 miles per hour, and Saylor was unable to stop it. Lastrella ended the call by saying "Hold on and pray." The Lexus hit another vehicle and landed in a ravine. Everyone in the Lexus was killed.

The devastated Saylor and Lastrella families filed a defective product claim against Toyota, the maker of Lexus vehicles, and a negligence lawsuit against the Bob Baker Lexus dealership, which owned the loaner car that Officer Saylor was driving while his own car was being repaired. In the negligence suit, the families allege that the loaner car had the wrong floor mats installed, and according to the Sheriff's Department, the floor mats may have caused the accelerator to get stuck. The families' claims against the dealership have not been resolved, but Toyota has reached a confidential out-of-court settlement with the families. Meanwhile, Bob Baker and his attorneys are concerned that Toyota did not stand with them, and wonder whether Toyota plans to help the Saylors and Lastrellas make the case that the dealership was negligent.

This case is of interest to southern Illinois vehicle defect attorneys like me because so many people have been affected by Toyota's sudden acceleration problems. There are millions of Toyota owners, and at least 93 people are believed to have died because of this defect for which 8 million cars were recalled. It's possible that there could be more we don't even know about. Toyota has insisted that the vast majority of sudden acceleration has happened because of driver error, not because of defects in their cars. Toyota's attempts to quash research into its products' design flaws suggest that the company is not as interested as it should be in making sure there is no defect -- or learning how to make sure that sudden acceleration problems do not continue. But this out-of-court settlement may signal a new willingness to make amends, if not to acknowledge the problem.

Continue reading "Family of High-Profile Runaway Acceleration Victims Settles Lawsuit Against Toyota" »

The Gallatin North Missourian recently reported that a Smithville, Mo., man was
seriously injured after being ejected from a 2010 Polaris ATV. As a Missouri ATV defect lawyer, I always notice reports of accidents like this because they confirm what many people already know, but that ATV manufacturers continue to deny: Many ATVs are dangerous simply because of how they are designed.

The newspaper said that on the morning of August 7, William Thompson, 36, was driving a 2010 Polaris ATV in a field on private property in Pattonsburg. While driving south, he attempted to make a right turn and the ATV flipped over, ejecting him. The ATV ended up right-side-up again, but facing the opposite direction. It sustained minor damage, but Thompson sustained unnamed injuries described as serious. He was taken in an ambulance to Harrison County Community Hospital. The Daviess County Sheriff's Office and two state troopers investigated the accident. The news report did not say whether Thompson was wearing a helmet or other safety gear.

In my work as a St. Louis all-terrain vehicle crash attorney, I've handled the cases of many clients injured by ATVs even though they were riding them properly and in what they thought was a safe manner. Yet, as I wrote earlier this summer, Polaris ATVs have such a long and checkered history of serious safety recalls, it's hard for ATV riders to know when they really are safe on these vehicles. Since 2000, The U.S. Consumer Product Safety Commission has issued multiple recall notices for Polaris ATVs almost every year. The recalls were called for serious safety risks like defective steering mechanisms that fall apart without notice, as well as fire hazards from several different causes. In many cases, ATVs are also designed in a way that makes them unreasonably likely to flip over, despite their intended use as off-road vehicles.

I hope that Thompson makes a full and speedy recovery from his injuries. Unfortunately, injuries sustained in ATV accidents are frequently very serious. Some people are not fortunate enough to escape these accidents with their lives. According to the Consumer Product Safety Commission, 410 deaths were reported due to ATV accidents in 2008 alone, 74 of them of the deaths of children under the age of 16. The actual number of deaths may be even higher. Many more people -- over 135,000 -- were treated in emergency rooms for ATV-related injuries that year, 28% of them children. The average cost of hospitalization for people injured by ATVs tops $20,000. It's upsetting to think that such carnage can continue year after year while ATVs with inherently unstable designs remain on the market.

Consumers can stand up for themselves if they are injured by dangerous or defective products like ATVs. Victims of injuries caused by defective ATVs, or other types of defective products, can hold manufacturers legally responsible for the harm that their unsafe products cause. Illinois and Missouri state laws require manufacturers of consumer goods to ensure that their products are safe for consumers. Using products according to the manufacturers' directions, or according to common practice, consumers should be able to expect that they will be safe. If the consumer is injured or killed by a product even while using it in what they reasonably expected would be a safe way, the consumer can sue the manufacturer for financial compensation for his or her injuries. In a lawsuit, the expenses of pain and suffering, damage to relationships, and past and future lost wages and medical costs can all be laid at the feet of the one who caused the injuries -- the defective product's manufacturer.

Continue reading "Polaris ATV, Subject of Numerous Safety Recalls, Seriously Injures Smithville Man" »

In 2001, nearly 500 deaths and more than 1 million emergency room visits across the United States came as a result of all-terrain vehicle (ATV) injuries. The estimated nationwide cost for ATV-related accidents is $3.24 billion each year. What’s more, a recent study was released in Utah claiming that spine and head traumas caused by ATV accidents are on the rise.

But even more troubling, ATVs have been shown to cause a high number of spinal injuries in children. New research from a number of universities indicated that 7.4 percent of a group of 4,483 children studied over several years suffered spinal injuries while operating the machines. This reflects a 368 percent increase in spinal injuries compared to similar research conducted in 1997. Alarmingly, the average age of riders injured on ATVs was just 13 years old. Young riders are most vulnerable to injuries on these vehicles; in addition to spinal and head injuries, ATVs also are being blamed as the cause of many amputations and deaths.

Rollovers are the most common form of ATV accidents. ATVs can hit speeds of close to 50 miles per hour. Combine that with the vehicles’ high center of gravity and short wheel base, and you have an inherently unstable, fast-moving machine. While turning, one has to lean into the turn to shift the center of gravity, but smaller riders would have difficulty with this on a machine that can weigh up to a quarter of a ton. That is why young, inexperienced drivers are more than two times as likely to crash their ATVs. In the 1980s, ATV manufacturers did away with their three-wheel design because of instability issues. But there has been no move to modify the current four-wheel models in any significant way.

Sadly, more than half the patients who enter an E.R. for ATV accidents were not wearing helmets, making them much more likely to suffer traumatic brain injuries.

As I wrote last week, summer unfortunately brings what seems like a constantly increasing number of ATV accidents. One accident mentioned in the Springfield News-Leader caught my eye because the person hurt was riding a Polaris ATV. As a Missouri all-terrain vehicle crash lawyer, I've kept track of Polaris ATVs because they have been involved in countless recalls over the years, thanks to their potentially deadly defects.

In this case, the person hurt by a Polaris ATV wasn't even out having a good time on it. On the morning of July 4, Shad D. West, 36, of Greenfield, Missouri, was loading his 2004 Polaris ATV onto another vehicle or a trailer when it flipped over backward and landed on him. The Missouri State Highway Patrol report doesn't give much detail, but presumably West was trying to drive the ATV up a ramp into the other vehicle, in the usual manner for transporting an ATV. Sadly, West was seriously injured by the ATV rollover and had to be airlifted to Cox South Hospital in Springfield. I hope that West recovers quickly and fully, and I am sorry that this happened to him.

As a St. Louis ATV defect lawyer, I've worked with many clients who have been injured by defective ATVs. As I've discussed in this blog before, many ATVs' designs are inherently unstable, making them prone to flipping over on top of their riders and crushing them. But the unstable design isn't the only problem plaguing ATVs and their riders. Thousands of Polaris ATVs have been recalled over the years because of fire hazards and defective parts that could lead to drivers losing control of their vehicles. Most recently, at the end of 2009, about 8500 were recalled because the steering mechanism could come apart and cause the rider to lose control, posing a risk of injury or death to riders. The US Consumer Product Safety Commission had issued similar recall notices for out-of-control Polaris ATVs in 2007, 2004, 2001 and 2000. Thousands more were recalled due to dangerous fire hazards from various causes in 2009, 2008, 2007, 2005, 2004, and 2003.

This history of defects in Polaris ATVs is worrisome. It is particularly concerning that recalls keep happening year after year, meaning that defective ATVs keep getting manufactured despite repeated reports of problems with previous models. This puts consumers at risk of serious injury or even death. Who pays the price for these defects? The adults and children who suffer brain injuries, spinal cord injuries and amputations. Not only do they experience severe pain, they also incur thousands of dollars in medical bills, lose out on wages they or their caretakers could have earned at work, and potentially even lose their lives. This doesn't seem like a fair price to pay for what the victims had originally thought was going to be a fun outing in the outdoors.

Continue reading "Recall-Prone Polaris ATV Implicated in Another Injury-Causing Accident" »

As a Missouri all-terrain vehicle crash attorney, a recent report by Ozarks Public Radio station KMSU about ATV accidents got my attention. According to Jami Blackwell, a trauma nurse clinician in Springfield, CoxHealth Hospital in that city has seen injuries from ATV accidents increase each year for the past several years. I've written about several such accidents in Missouri and Illinois, including two within the last year that have killed children. I'm glad that KMSU is providing important safety information about ATVs, but I also worry that these vehicles can be dangerous even when riders do observe safety precautions.

Blackwell told KMSU that Springfield's CoxHealth Hospital treated 12 ATV accident victims from March through May 2009. This year, 13 ATV accident victims were admitted to the hospital from March through May 2010. In addition, one patient died of an ATV-related injury, and 16 others were treated and released without hospitalization. Blackwell said she believed people are buying more ATVs because riding them is thrilling for children, but they should also be conscious of the safety risks involved. For example, state law requires riders under 18 to wear helmets, and the American Academy of Pediatrics advises that children under 16 not ride ATVs at all. If kids do ride them, which is legal, they should use smaller ATVs for smaller kids, have everyone under 18 wear a legally required helmet and consider taking a safety course. Further, ATVs are designed to be ridden only on off-road terrain, so riding them on paved roads can be more dangerous, and Missouri law restricts ATV use on public roads. But even when ATV riders obey these laws, which should improve ATV safety, injuries still occur. Blackwell said speed, multiple riders, tricks and rollover accidents can also increase the risk of a serious ATV injury.

As a St. Louis ATV crash lawyer, I think it's important for anyone considering riding an ATV to think about the risks of riding even after taking all these important safety precautions. Because ATVs are designed with high centers of gravity and intended to go on uneven off-road terrain, they are prone to rolling over easily. This could be considered a design flaw, but at the least, it’s a reason to be more careful when using one. ATVs are also motor vehicles that lack the lifesaving safety features that most cars and trucks have. Some are driven at speeds up to 80 miles per hour, yet it’s perfectly legal for children to use them, even if the children are nowhere near the legal age for driving. Despite all of these risks, ATVs are not regulated like other vehicles that can be driven at that speed. ATVs are regulated by the Consumer Product Safety Commission and treated as if they were toys, not vehicles. Possibly as a result of that lack of regulation, the CPSC reports that ATV accidents nearly tripled in the nine years between 1995 and 2004, with children under 16 accounting for a third of the injuries and a quarter of the deaths.

Continue reading "Trauma Nurse Cautions Missourians About Rise in Serious ATV Accident Injuries" »

Last week, I wrote about the sad story of a ten-year-old girl who was killed by a potentially defective all terrain vehicle (ATV). As a Missouri ATV accident attorney, I was disheartened to see that this week in the St. Louis Post-Dispatch that another person has been killed by an ATV, and his passenger was seriously injured. Day Alexander, 39, of Festus, Mo., was driving the 2002 Yamaha Raptor ATV at the intersection of Berry and Lake Timberline Roads in St. Francois County. The ATV slid across Berry Road and ran off the right side of the road, causing its undercarriage to strike the ground. Alexander lost control of the ATV and hit a log. The ATV flipped over, throwing Alexander and his passenger, Sarah Barrett, 30, of De Soto, Mo., to the ground. Alexander died at the scene of the crash. Barrett was gravely hurt and taken to a hospital by helicopter. The accident report did not specify whether the riders wore helmets.

The 2002 Yamaha Raptor is a four-wheeled ATV that weighs nearly 400 lbs. Sports magazines touted it as "aggressive" and lauded its "high performance" when it came on the market. ATVs like this can reach speeds of 80 miles per hour. Crashes at this speed in passenger automobiles often have quite serious consequences, and that's with the benefit of seat belts, air bags, and other safety features. ATVs have none of these safety features, and people often ride them without safety gear like helmets, which is completely legal for adults in Missouri.

Unlike the case I wrote about last week, the people involved in this case were adults, so they were physically large enough and old enough to ride the ATV in the way for which it was designed. But even then, they apparently found it hard to control the ATV. The US government advises against riding ATVs with a passenger or on pavement because both of these things can make it hard to control the ATV. Having a passenger makes it hard for the driver to shift his or her weight in any direction needed in response to the ATV's movement, and ATVs are more difficult to control on paved roads. This may be what Day Alexander and Sarah Barrett discovered when they lost control of their ATV. As a St. Louis ATV crash lawyer, I continue to be saddened that ATV manufacturers build vehicles that cannot keep their riders and passengers safe even when they are used according to the manufacturer's guidelines.

At least 282 Missourians have lost their lives on ATVs, and countless more have suffered serious injuries that were never reported. That's a lot of families hurt because of these vehicles. When a crash was caused or worsened by a design or manufacturing flaw in the ATV, manufacturers can be held responsible for injuries that come from it. A southern Illinois ATV accident attorney at the Lowe Law Firm can review the details of particular ATV crashes and tell you whether an ATV manufacturer could be held liable for failing to ensure that the ATV was safe for consumers.

Continue reading "‘Aggressive’ ATV Claims One Occupant’s Life, Seriously Injures Another" »

The Alton Telegraph reported March 20 that a ten-year-old girl was killed in an ATV accident in New Douglas, IL. As a southern Illinois ATV accident lawyer, I was saddened to read that another child has lost her life on one of these vehicles. Montana Niccole Garner of Livingston, Ill., was a passenger on the four-wheel adult-size ATV, driven by her friend, a twelve-year-old girl. As the girls drove the ATV around on private farmland owned by Montana's friend's family, close to Montana's own home, they tried to make a turn. The ATV flipped and landed on Montana. Montana was aided by emergency personnel, who took her to Community Memorial Hospital in Staunton and then flew her to a St. Louis area hospital. Sadly, she was pronounced dead at the second hospital. Montana's friend suffered minor injuries as well.

This was not the first fatal ATV accident to occur in this area. There have been several in the last few years, according to local police. Captain Brad Wells of the Madison County Sheriff's department said, "This appears to be strictly an accident." Nevertheless, he suggested that accidents could be reduced if people followed the warning stickers on ATVs that give the recommended ages for drivers. Wells also said that ATV riders should wear safety gear. But even with safety gear, tragic accidents can happen on ATVs. As I wrote last August, a seven-year-old boy died in an ATV accident even though he was wearing a full-face helmet. In that case, investigators suspected that the ATV's throttle was stuck, causing the ATV to speed out of control, ultimately hitting a curb and throwing the boy from the vehicle as his father ran after him to try to save him.

In Montana's case, the ATV's throttle was not suspected of malfunction, but as a St. Louis ATV accident lawyer, I wonder whether the ATV that Montana and her friend were riding was one with a defective design that makes rollovers very likely. ATVs have many of the features known to make vehicles likely to roll over, including a high center of gravity, high-speed capability and intended use on uneven ground. A rollover-prone vehicle that weighs up to 700 pounds strikes me as a prime candidate for carefully-thought-out safety features put in place by the manufacturer, and tight government safety regulation. Unfortunately, the federal government regulates ATVs as toys, not vehicles, so they don’t get the benefit of more stringent vehicle safety requirements. And few manufacturers include these types of safety features voluntarily. Dangerous ATV designs and manufacturing defects have resulted in brain injuries, spinal cord injuries, amputations, and death for children and adults. And children under 16 account for nearly 25% of ATV-related deaths and 33% of injuries.

ATV accidents shot up by almost 180% between 1995 and 2004. Certainly, this is due in part to the increasing popularity of ATVs. But how much of this increase is also due to ATV manufacturers' failure to ensure that their products are safe for riders and passengers? The U.S. Consumer Product Safety Commission and state laws regulate ATVs and handle recalls of defective ATVs, but they are evidently unable to slow the rate of ATV accidents. In fact, since Montana and her friend were riding their ATV on her friend's family's land, it may have been perfectly legal for a twelve-year-old and a ten-year-old to operate the ATV, even if the ATV's manufacturer did not recommend it. Knowing that state laws allow for situations like this, ATV manufacturers have an extremely important responsibility to make sure that their products are safe for all conditions under which they can legally be operated. Missouri and Illinois law require that manufacturers ensure that their products are safe when they offer them for sale, in order to avoid hurting innocent people who use them, like Montana and her friend. When manufacturers fail to meet that obligation and consumers are hurt through no fault of their own by the defective product, state law allows victims to demand accountability.

Continue reading "Ten-Year-Old Southern Illinois Girl Dies in ATV Rollover Accident" »

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" »

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.

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.

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.

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.

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.

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.

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.

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.