Jacksonville Personal Injury Lawyer - ATV

Three Injured In ATV Accident In North Florida

Eddie Farah — Sun, 09 Aug 2009 23:00:37 GMT

One man is in critical condition in North Florida following an all terrain vehicle (ATV) crash Sunday morning.

St. Johns County deputies are trying to figure out what caused the Arctic Cat recreational vehicle to overturn on a private dirt road on Bartram Air Park property off County Road 13 in northwest St. Johns.

All three men were riding the ATV when it rolled.

Emergency crews responding to the scene do not know who was driving, but all three were injured. 39-year-old Ronald Drawdy of St. Augustine was the most seriously injured. He was taken to Shands Jacksonville and is in critical condition.

One person was treated at the scene and a third, William Byrd, 37, of St. Augustine was taken to Flagler Hospital by emergency crews. At this time it is suspected that alcohol may have been a factor in the crash and none of the men was wearing his seatbelt.

Even the manufacturers warn that ATVs are not toys. You are told to always wear proper protective gear, including a helmet, eye protection, and protective clothing. You are told not to carry passengers unless the ATV is specifically engineered to accommodate them. And of course excess speeds, stunt riding, unknown terrain, drugs or alcohol are all discouraged as part of the basic package when you purchase one of these ATVs.

If indeed alcohol was involved and three men were riding one vehicle, this accident could well be due to negligent operation. If you have not been negligent in the operation of an ATV, your accident could be due to a design defect as many models have been recalled over the years.

These ATV are very popular. Since their introduction about 40 years ago, part of the appeal is the amount of danger one undertakes while riding. With no true center of gravity, the three-wheeler was an accident waiting to happen. When the industry converted to four-wheelers, it was thought that accidents would decrease but the safety of the four-wheeler is still a concern within the industry.

In 2006, federal statistics show 8,100 lost their lives in ATV accidents, 349 in Florida alone.

Traumatic brain injury, spinal cord injuries, permanent disability, and death, can result from ATVs that can weigh up to 1,000 pounds and go 75 mph.

We wish a very speedy recovery for the men injured in this ATV mishap. #

Originally posted at InjuryBoard by Eddie Farah

Deputy and Girlfriend Hurt In ATV Accident

Eddie Farah — Sat, 27 Jun 2009 22:42:00 GMT

A Baker County, Florida deputy and his girlfriend were riding their all-terrain vehicle last Sunday night when they went off the road and hit a tree in the Osceola National Forest.

Deputy Matt Sigers was a bit roughed up but was treated at the hospital and released. His girlfriend, 21-year-old Ashley Davis was not as lucky. Both suffered head injuries and she was listed in critical condition. Neither individual was wearing a helmet. Alcohol was not a factor in this crash.

Davis has since had to endure surgery to relieve pressure on the brain from a blood clot. She had her spleen removed but was able to move her toes and fingers, always a concern in a neck and head injury. She is also on a special ventilator reportedly brought in from Orlando.

Our condolences go out to both families with wishes that they pull through this accident.

State law says that helmets on ATVs are optional in Florida and in a rural area like Baker County, many riders fail to wear any safety gear. The Florida Highway Patrol reports that statewide there were at least 30 more crashes involving ATVs in 2007 than the previous year. Figures for 2008 have not been released.

And even though we don’t know whether this Yamaha was a Rhino, if it was it has a reputation as a dangerous and defectively designed. With a high center of gravity and small wheels, the Rhino can rollover easily resulting in serious injury. These are so unstable they can even role on a flat surface. At the very least a helmet should be mandatory if you care about your life and that of your passenger.

Originally posted at InjuryBoard by Eddie Farah

Florida Court Rules - Sports Waivers For Kids Are Essentially Worthless

Eddie Farah — Sat, 13 Dec 2008 00:04:01 GMT

A ruling by the state's high court this week has far reaching implications for anyone who is forced to sign a waiver before their child can participate in a sport.

Essentially, the ruling means the waivers are worth only the paper they are written on.

The Florida Supreme Court ruled Thursday that a parent cannot waive the liability for their children when they sign a release form before the minor participates in a sport. The 4-1 ruling clears the way for litigation against a motor sports track in Okeechobee County.

The issue began with the death of 14-year old Christopher Jones on May 10, 2003 at the Thunder Cross Motor Sports Park. Christopher took a jump and the ATV landed on top of him.

Before he could race, the park required Bobby Jones, the father, to sign a Waiver of Liability. One had been signed the day of the accident. The release included specific language that waived any claims based on the negligence of the track. It also says that the parents realized the dangerous nature of the activity and the risk of injury or death.

Christopher’s mother, Bette, later filed a wrongful death lawsuit claiming the park owners and manager were negligent. The suit was dismissed though because her ex-husband had signed the release form. But the Fourth District Court of Appeal said there was nothing in state law that allowed a parent to waive all legal rights on behalf of their minor child.

Since that decision conflicted with a previous ruling that upheld the waivers, the issue went before the state Supreme Court to work out the differences.

So now, five years after his death, Bette Jones can pursue her lawsuit against the track in Okeechobee County. Bette says she wants other parents to be aware of the dangers of ATVs and that’s why she’s stuck with it so long.

The decision is an important one and has many different applications since participation in sports often requires waivers. A parent may be able to waive their own rights – but not that of their minor child. #

Originally posted at InjuryBoard by Eddie Farah

30 Off-Road Fatalities Subject Of Govt Probe

Eddie Farah — Fri, 07 Nov 2008 17:04:00 GMT

We blog all too frequently about children who are hurt or killed in off-highway vehicles and ATVs.

Now the Consumer Product Safety Commission (CPSC) is looking into the design of a handful of brands associated with more than 30 fatalities. The Yamaha Motor Company’s Rhino is one of those brands.

An off-road vehicle is different from an ATV because they are larger and have two side-by-side seats and a protective roll cage, which is not required of ATVs. Besides the Rhino, there are the Polaris’s Razor, Honda Big Red, Kawasaki Heavy Industries Mule and Arctic Cat’s Prowler.

Yamaha has been having meetings with the CPSC sharing information about the Rhino. The company says the Rhino “is one of the safest, most-reliable vehicles in the category.

Polaris says it’s had no deaths involving the Razor models

Julie Vallese of the CPSC says “We need to study how they’re being used, how the injuries are happening, how behavior during use of the vehicles may be playing a role.”

A number of off-road vehicles have had recalls because of structural failures. The brands have been produced for about five years and are popular with hunters and off-road enthusiasts.

In Florida, youngsters can ride all-terrain vehicles if they have a DOT-certified safety helmet.

Kids are reminded that ATVs are not toys and should not be treated as such. They are not allowed on public roads, streets or highways, however law enforcement can use them to enforce traffic laws and in getting to and from the beach.

Children as young as six are allowed to ride in ATVs that are under 70 ccs and are supposed to be accompanied by an adult. However, a six-year-old may not have the upper body strength to maneuver the vehicle.

Either vehicle is definitely not popular with citizens who see the destruction tleft behind to pristine beach grasses and forests, ancient ruins and desert landscapes. #

Originally posted at InjuryBoard by Eddie Farah