News

ATV death of an Iowa girls demonstrates the seriousness of ATV use

Posted on Apr 24, 2009

Iowa and ATVs have been in the news. Recently ATV’s were recalled. The Iowa Attorney General got involved with the manufacturers of ATV’s obtaining from them restrictions on how they were being sold. Safety and the number of child deaths was the issue.

In 2008 Iowa had 107 deaths from ATV’s.

These cases are so numerous and deaths so expected that attorneys have created legal websites claiming to be specialists. In essence they are simply putting advertising dollars together and some have very little expertise. Claims of knowing what to do with these cases is different than knowing what to do and having experience in trial work. KCCI Channel 8

An 11-year-old female passenger, Morgan Leslie McFarland, was injured from an ATV rollover collision-accident near Red Oak, Iowa. The Montgomery County Sheriff’s Office is investigating the cause. The driver, Courtney Marie Lemine also of Red Oak was killed when she lost control of the ATV, as reported by the sheriff. These accidents are preventable and predictable. Youngs Miss Leming did not have to die. There is no report of the type of ATV that they were driving although it’s reported that neither girl was wearing a helmet. This isn’t the only death in Iowa of lately.

On March 22, 2009 a 42-year-old man from Victor, Iowa died as a result of an ATV accident.

There is an ATV Safety (having to do with death and injury from ATV’s) page by the government where you can learn about the ATV safety issues, report injuries, find a training course, learn about ATV recalls, use ATV links and read ATV news. Initially the man was not identified. Officials later identified the man as Gregory DeBower of Victor. The Des Moines Register reported on the accidental death. More coverage here, here, here, here and here.

The make of ATV in the news is the Yamaha Rhino ATV. These have had a number of rollover issues. A citizen’s report of utility terrain vehicles or UTV hazards can be obtained. February 26, 2009. (67 pages)

STATE OF IOWA ATV DEATHS:

Reviews of news reports indicate 18 IOWA deaths from 3/31/2009 to 04/13/2009 of which 3 were children under 16. Iowa has 112 reported deaths from 1982 to 2007.

State Laws:

All ATVs must be registered and titled if used on public lands, except for those used solely for agricultural purposes.
All registered ATVs are to receive one numbered sticker; renewal is once every year.
No one under 12 can operate an ATV unless on private land.
No one under 18 can operate an ATV on public lands unless they possess a safety training certificate.
No passengers are allowed on the ATV unless it is designed to carry more than one person.
ATV use on highways is prohibited, except to cross these roads and for agricultural purposes and then only during daylight hours.
ATVs operated during hours of darkness shall have lighted head lamp and tail lamp.

If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us. Lombardi Law Firm, Three Fountains Office Park, 4200 Corporate Drive, Suite 112, West Des Moines, IA 50266

Toll Free: 800-383-0331 or Phone: 515-222-1110

Part of what we do is help you find the right lawyer; so your case is properly litigated. We will report more on this tomorrow on the Verdict blog.

Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death. We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

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Steve Lombardi, Attorney