All-Terrain Vehicle Injuries in Tampa – ATV Accident
Between the years of 1982-2011, the U.S. Consumer Product Safety Commission reported 11,688 ATV accident-related deaths nationally. Of these, 2,865 ATV accident-related deaths were of children younger than 16 years of age. During this same time period, in Florida, 485 deaths were reported. 109 of those deaths of children younger than 16 years of age.
Florida statutes define an ATV as any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more non-highway tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger.
With the intent to provide safety protections while operating all-terrain vehicles, particularly for our children, it is important to be aware of other statutory provisions:
- No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet.
- If a crash results in the death of any person or in the injury of any person which results in the treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash to a law enforcement officer, pursuant to Section 316.066, Florida Statues.
- Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the state or a federal agency.
- A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving traffic violation, as well as evidence of negligence in a personal injury case.