Florida Personal Injury Lawyers Blog
Officials say that a 7-year-old child who died in a mishap at a Florida ATV park this week was not wearing a helmet at the time.
The child was seated behind a 32-year-old man driving an ATV when the vehicle overturned on Sunday, April 21, at the Hog Waller Campground and ATV Resort in Palatka, according to the Florida Highway Patrol.
The ATV made a sharp turn and overturned onto the boy as he collided into a tree stump.
The 32-year-old suffered minor injuries, while the boy died at a nearby hospital.
With this incident, the park has now seen four fatalities since 2019.
The FHP claims that the victims were not wearing a helmet at the time of the crash.
Florida law states that Operators of off-highway vehicles and riders under the age of 16 are required to wear safety helmets and eye protection certified by the USDOT. Riders of all ages are highly recommended to use eye protection and helmets.
Both adults and children are apparently required to sign two waivers before entering the park, according to reports. Signers of the waiver agree to assume certain risks, including the loss of all rights to compensation and legal action for any kind of personal injury, including death.
All-terrain vehicles, or ATVs, provide an exciting way for riders to experience the great outdoors and explore tough terrain. Wearing a helmet is an important component of ATV safety that is sometimes disregarded, but our Florida ATV Accident Lawyers cannot stress enough how important it is to wear a helmet, especially considering the possible risks connected to ATV collisions.
In the event of an ATV crash, wearing a helmet greatly lowers the chance of suffering a traumatic brain injury (TBI). A helmet reduces the risk of serious brain damage by serving as a protective barrier that absorbs and distributes impact force. It is essentially a vital barrier that protects the rider’s head from harsh surfaces like rocks, tree branches or stumps, or the ground itself in the event of an accident.
The Numbers Don’t Lie
The most recent report from the CPSC indicates that 2,211 fatalities in the US between 2016 and 2018 were related to off-highway vehicles (OHVs), which include utility-terrain vehicles, all-terrain vehicles, and recreational off-highway vehicles. Almost 75% of the fatalities were caused by ATVs. Children under the age of 16 accounted for over 300 of the deaths.
According to CPSC estimates, 112,300 injuries related to OHVs were attended to in hospital emergency rooms across the United States in 2020. ATVs accounted for 96% of all OHV injuries over a five-year period.
Florida has been named a top state for ATV deaths. In fact, 931 deaths, or more than 42% of all off-highway vehicle deaths, occurred in these 10 states between 2016 and 2018: Texas, West Virginia, Pennsylvania, Kentucky, California, Florida, North Carolina, New York, Alabama, and Michigan.
At Whittel & Melton, we are aware of the risks that ATVs represent. If you were hurt or lost a family member because of an ATV rider’s negligence or recklessness, you may be able to file a lawsuit. We can help you understand what your legal options are after an ATV accident in Florida. Call us today at 866-608-5529 or contact us online for a free consultation.