Attorney David Perecman, Founder of The Perecman Firm, PLLC

ATVs: Fun And Dangerous

Tuesday, November 24, 2009


After reading Newsday this morning, I came across a story about a man sadly dying on Sunday, November 22, 2009 after his all terrain vehicle rolled over on him. Being a frequent ATV user, this story reminded me of the dangers of operating an ATV. All terrain vehicles (ATVs) are supposed to be fun recreational vehicles and they are also known as quads. The American National Standards Instituted defines an ATV as a vehicle that travels on low pressure tires, with a seat that is straddled by the operator, along with the handles for steering control.

ATVs are designed to handle numerous types of terrain as their name indicates. I know that ATVs are exceptionally fun, but safety precautions must be taken into consideration while operating such a dangerous vehicle. ATVs have the capability of going as fast as 70 mph. Due to the weight and high speed capabilities of the ATV, there are numerous accidents. These accidents can cause serious injuries to the person or people on the ATV.

We can reduce the risk of ATV accidents in a number of ways. We must assess our abilities to operate the ATV. For example, I would not allow my 7-year-old cousin to operate my ATV which has the ability to go over 55 mph. We also must wear safety equipment including helmets with goggles.

Some ATV accidents are not necessarily caused by the individual operating the quad. There can be safety defects while the vehicle is being constructed. When we purchased our two person ATV in August 2008, my brother and I drove it to the trails. At one stop sign, I pressed the breaks, and the ATV was not slowing down and we blew the stop sign. We brought it back to the dealer. It turns out that the manufacturer of the ATV didn’t properly install the breaks. It could have been a much worse situation but I am thankful that neither I nor my brother suffered a personal injury and didn’t have to file a product liability lawsuit in New York.

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