Kentucky Injury Attorney Blog

Spring is in the air in Kentucky, and with it comes the upswing of outdoor activities that have been on hold since fall. Children are swinging and sliding, people are once again tending to their lawns, and riders are gassing up their ATVs for the season. Unfortunately, with the thrill and freedom of ATV riding comes the risk of serious injury or death.

On February 26, 2012, a woman was killed in an ATV accident in Meade County Kentucky. She was riding on an ATV that was being driven by her fiancé. They were riding in circles when her fiancé lost control of the ATV and it flipped. They both fell to the ground and the 26-year-old woman was killed. The driver admitted to consuming alcohol before causing the ATV accident. He was allowed to attend the victim's funeral, but then was arrested by police. He has been charged with improper control and driving under the influence, and more charges may be added.

The ATV Safety Institute provides the following guidelines to help riders operate ATVs safely:

1. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves.


2. Never ride on paved roads except to cross when done safely and permitted by law - another vehicle could hit you. ATVs are designed to be operated off-highway.


3. Never ride under the influence of alcohol or other drugs.


4. Never carry a passenger on a single-rider ATV, and no more than one passenger on an ATV specifically designed for two people.


5. Ride an ATV that's right for your age.


6. Supervise riders younger than 16; ATVs are not toys.


7. Ride only on designated trails and at a safe speed.


8. Take a hands-on ATV RiderCourseSM and the free online E-Course. Visit ATVsafety.org or call 800.887.2887.

In the case above, at least three of these guidelines were not followed. The driver had been drinking alcohol, neither rider was wearing a helmet at the time of the crash, and they were riding on an unfinished part of a highway instead of a designated ATV trail. All of these factors likely contributed to the victim's death.

Continue reading "ATV Crash in Kentucky Claims Life of Young Woman" »

On March 31, 2009 the U.S. Consumer Product Safety Commission (CPSC) and Yamaha Motor Corporation issued a recall for more than 120,000 of its Yamaha Rhino ATVs model 450 and 660 which have been sold since 2003.  The recall is due to an inherent design flaw that makes these vehicles unstable and susceptible to low-speed rollovers.  These rollovers have resulted in 46 confirmed deaths and hundreds of injuries including the legs and arms of occupants being crushed by the roll cage as the vehicle crashes to the ground.  Many of these injuries occur even if the occupant is wearing a seat belt.  These rollovers also occur on level or near-level ground and can occur even if the driver does not turn the vehicle sharply. 












Yamaha Rhino 450
(without doors)                      
                                                                                         Yamaha Rhino 660
                                                                                         (without doors)

Yamaha is offering a free repair of this design defect.  Yamaha has also agreed to voluntarily suspend the sale of these models starting immediately until all are repaired. The CPSC warns that consumers should immediately stop using these recreational vehicles until the repair is made by a dealer.

Yamaha is also voluntarily suspending the of sale for the Rhino 700 model and implementing the same repair program. The CPSC also warns that consumers should stop riding the 700 model until it is repaired. About 25,000 Rhino 700s are part of this repair program.

View the recall in its entirety. 

Continue reading "Yamaha to Recall Rhino ATV After 46 Confirmed Deaths and Hundreds of Injuries" »