<div class="FTQUOTE"><begin quote>"Even if we were to eliminate all underage ATV deaths that still leaves a whopping 75% to work on. I'm going on a figure I think was quoted that 25% of the reported incidents involve underage participants."</end quote></div>

A friend of mine is the state level person heading up the legislative push for an ATV Safety Training Program in Kentucky. He's the same person who successfully launched the Farm & Home Safety Training Program targeted at kids growing up in agricultural communities here in 1995. In the first 10 years of the farm safety program, the number of non-ATV agricultural deaths in Kentucky were cut in half. However, around the year 2000 he noticed that while the farm accident fatalities were going down, the ATV accidents and death rates were steadily climbing. As a high percentage of ATV accidents occur in the same geographic areas as do agricultural accidents, he incorporated an ATV safety element into his farm safety program in 2001. During a break at a 2002 farm rescue training class we had a discussion about how best to go after the ATV safety problem. Here's what he said:

"The way I figure it, ATV safety is like the farm safety issue, we got to reach the kids while they're still young enough to take it in. I know that I'm never going to change the behavior of the 15 to 19 year-olds after they've tasted the thrill of what you can do on an ATV. But, if we can present our program to the elementary and middle school age kids first, then continue delivering the message over the years, we can make a change over time."

Understanding his long range approach to the ATV safety problem, I'll take a 25% drop in the ATV injury numbers as a starting point; especially if it involves the innocents!

 

<div class="FTQUOTE"><begin quote>"Alright, I lost my last baggie while in a purple-haze stupor; serves me right. Now seeing that the air is actually not hazy all the time, I do get what you are saying."

"When an adult knowingly puts a child in a position of danger, that adult is responsible for anything that happens to the child as a direct result of the position he or she so sponsored."

"Is this a basic tenant of common law or acceptable as the basis for criminal or civil action? Not rhetorical as I really do not know."</end quote></div>
Windtrader

Actually, it's my paraphrase encompasing many of the 50 states definitions of "child endangerment."

Here's a blog based in California with excellent background information on the topic.
Child Endangerment and ATV Accidents

While both front page entries are tragedies, the second entry, July 7, 2007, will tear your heart out.
Follow the links to the end of the story where the attorney concludes:

It's my opinion in this case, --------'s grandfather should be charged criminally for --------'s death. If I was handling the case, I would certainly sue civilly and create as much press about it as possible. Why? So the word gets out that adults can be held accountable for negligent supervision that leads to a death or serious injury of a child under their supervision. This applies to parents, grand parents and anyone supervising or enabling a child. It would certainly apply to anyone supplying an ATV to a child.

The only thing I would add it this: It would certainly apply to anyone negligently supplying an ATV to a child. I.E., Any child under 16 years of age who is provided with an adult sized ATV, or is permitted to operate any ATV in a recognizably unsafe manor, and that child is seriously injured or killed while operating the ATV. As such, the responsible adult will be held criminally and civilly responsible for the injuries and or death of the child.

 

<div class="FTQUOTE"><begin quote>While both front page entries are tragedies, the second entry, July 7, 2007, will tear your heart out. </end quote></div>Back on the dope. I don't feel any more pain from the second story than any other death of an innocent at the hands of an ATV and an irresponsible guardian.

You've said something before that is starting ring louder to me. There are, in many cases, sufficient laws and legal precedent to deliver consequences to those adults who are responsible for deaths of innocents.

The second story takes place in California, so the adult needed to have a ATV safety certificate, which apparently he did not. He also by statute is to "supervise" the underage rider, which appears he was AWOL at the accident site. I don't know how criminal child endangerment statue is applied but seems to be a path for prosecution. Also, the parent can file civil suit against the father for failing to responsibly protect the safety of the child. Seems a little harsh and far fetched but my point is to reinforce your comment that there are laws that just need to be enforced.

I do not believe pursuing ATV safety courses would help here. The 4 year old has no clue, an 80 year senior taking an ATV safety course is likely to benefit about as much as the 4 year. Three years and I'm a senior, so..

My education in this matter continues to grow but a pretty clear pattern and themes are recurring. The single theme that looms larger than the others is the notion that underage riders must be supervised and protecting their safety is the sole responsibility of the adult.

That said, when reduced to a base concept, makes the whole issue much clearer to me as it is absolutely no different when an adult has responsibility for an underage child and takes them for a walk along a busy street, to the movies, for a swim at the beach, or a run at the park. At any time, something can happen that might put the child's health at risk and if something unfortunate occurs, that adult will be judged to determine if it was an unfortunate accident, unusual circumstances, or a lapse of judgment which is deemed negligence in which case the authorities go through some process to assess the likelihood of conviction of a case.

So..., what's the difference?

 

Even with the best of intentions, with the best training money can buy, with all the best gear, on the safest trail systems, on the best maintained machines, the sad thing is that accidents are still going to happen, and kids will get killed. It doesn't matter if they are riding an ATV, bicycle, skateboard, walking on the sidewalk, swimming in a pool, playing in an organized sport... it still happens. As a parent, and grandparent, the only thing we can do is make sure they are equipped and prepared as best we can. I know we can't accept that.. but it is the final truth.

 

@Dragginbutt - sounds like we are singing off the same sheet of music on this one. [img]i/expressions/face-icon-small-wink.gif[/img]
<div class="FTQUOTE"><begin quote>As a parent, and grandparent, the only thing we can do is make sure they are equipped and prepared as best we can. I know we can't accept that.. but it is the final truth.</end quote></div>Take it one more step and discount the unfortunate accidents from those created by clear negligence of the guardian and I think we are about as much up to date as EEResQ on this whole issue.

 

Close! So very close... just one word was missed by both of you. I'll highlight it:

"Any child under 16 years of age who is provided with an adult sized ATV, or is permitted to operate any ATV in a 'recognizably' unsafe manor, and that child is seriously injured or killed while operating the ATV, as such, the responsible adult will be held criminally and civilly responsible for the injuries and or death of the child."

If we all push for this as a "standard of responsibility" then we're beginning to move forward; at least on the issue of "responsibility."

To often, after these preventable accidents occur we read:

"Oh, it was God's will..." or "Accidents just happen."

Assigning responsibility for the traumatic death of a 4-year-old little boy riding an ATV without adult supervision on God just doesn't cut it.

Also, while some accidents do "just happen," an unsupervised 4-year-old operating a mortorized vehicle who turns into the path of a semi-tractor trailer rig is no accident. It's "Child Endangerment resulting in Negligent Homicide."

<div class="FTQUOTE"><begin quote>Negligent homicide is a charge brought against people, who by inaction, allow others under their care to die.</end quote></div>

 

I do not argue with the concept, however let's get realistic. This is not going to be a national mandate... laws such as this are left up to each state to legislate and approve. Getting 5 states to agree on anything is a difficult thing to do. That doesn't mean it is right or wrong, just that you have an impossible task before you...

 

OK, finally an almost perfect example of how existing laws should be enforced when " the responsible adult acts irresponsibly" resulting in injury to children riding on ATV's.

-------------------------

Dad Charged In ATV Accident That Injured His Three Children
Nov. 26, 2007

A 44-year-old man is facing three counts of child endangerment after crashing a two-passenger all-terrain vehicle with his three young children on board, Scottsdale police said Monday.

The father, was attempting to turn the ATV on a steep incline at the McDowell Mountain Preserve at around 3:30 p.m. Saturday when the vehicle rolled, police said.

The father was flown by helicopter to a hospital with a broken hip, said a public information officer for the Scottsdale Police Department.

The three children suffered only minor injuries. However, all three children were taken to Scottsdale Healthcare Center for treatment.

None of the three passengers were wearing helmets, which are required by Arizona state law for children under 18. Also, the off-road vehicle was built to carry only two people at a time. Finally, the terrain was to difficult to traverse with four persons on this ATV.

"The totality of the circumstances is the reason why the endangerment charges are pending," the PIO said.

The father could also receive citations for the number of passengers in the vehicle and the lack of helmets.

The Scottsdale Police Department Parks and Preserve Unit would like to remind people to ride their ATV's responsibly. And, all operators should never ride more than the recommended number of passengers allowed by the manufacturer.

AMEN!

 

The really bad thing about all these accidents is that it is clear that the number one focus should be on the operator, not the machine... However the lobbyists in Washington point to the ATV as if they are the devil's own invention... The sad thing is, these same people are so stupid that they would find a way to injure themselves with anything you give them... whether it is an ATV, a gun, boat, why even a 2x4.

 

<div class="FTQUOTE"><begin quote>Originally posted by: Dragginbutt

The really bad thing about all these accidents is that it is clear that the number one focus should be on the operator, not the machine... However the lobbyists in Washington point to the ATV as if they are the devil's own invention... The sad thing is, these same people are so stupid that they would find a way to injure themselves with anything you give them... whether it is an ATV, a gun, boat, why even a 2x4.</end quote></div>

I understand the operator rationale completely and held dearly to it for a long time but EEResQ has enlightened me on a different and more important aspect of lowering ATV injury/death.

That is to look at how many incidents involve underage youth and start finding ways to make those who have legal responsibility for them while involved around ATVs be held accountable directly for all injury and damage resulting from their negligence, and no, stupidity or ignorance on their part, is not a satisfactory excuse.

There should be zero tolerance for injury/death of innocents resulting from ATVs, plain and simple. Judgment for safe ATV operations is the sole responsibility of the adult. If the child is driving unsafely, lacks necessary judgment, lacks sufficient skill for the particular situation, or anything else, it is the adult who must take action and correct the behavior, make it safe, or remove the child from the potentially hazardous situation.

The past few days I tried to get at raw incident data for ATV injuries and accidents and there is no central repository from what I found. There are trauma registries which are fed by emergency rooms and trauma centers but that does not seem complete. There are safety organizations of various flavors which get wind of accidents. LEAs, local and state, write reports on reported accidents so maybe there is a way to tap into a central accident database. Insurance companies use actuarial tables based on raw data, so data is collected somehow. Unfortunately, I don't have the energy to pursue the many various groups to get at the raw data for my own analysis. That said, I don't think it is really necessary as there is plenty of low hanging fruit (common reasons for ATV accidents) which constantly hits the papers and tackling a couple of those would reduce incidents greatly.

FYI - I follow the political machinations of the State of California's ATV Commission and find safety and education get very little discussion. The vast focus is on trail maintenance and access. 5% of the budget goes to education and safety. Some grant money goes toward safety programs, not much.

Reviewing the existing safety programs in place in California gives me a fair bit of comfort. The ATVSI course is heavily promoted and the "golden rules" they advocate make for safe riding. There are laws that required ATV training/safety certificates for all youth and adults who are supervising youth. Fines are minimal.

A couple recent things I've learned is a lot of the ATV riding takes place on public land which is regulated. All the state operated parks have solid patrolling and enforcement in place. USFS and BLM property are much less patrolled due to the vastness of the areas and the lack of patrol personnel. What offsets the lack of government resources is the significant number of volunteers who do trail maintenance and safety patrol. I was quite surprised how many thousands of people are actively involved in keeping their local riding areas maintained and safe. At the risk of boasting a bit, California seems to have pretty effective overall ATV programs, or at least focus, in place for safety, education, and trail access and maintenance. Maybe we need to export a lot more loco weed to y'all in other states to get your asses in gear. [img]i/expressions/face-icon-small-wink.gif[/img]