ATVs and Kids: The Hidden Dangers

While they may seem like thrillingly big and loud toys, ATVs can reach the speed of a car and rarely boast airbags or much of the other high- tech safety equipment required by law on passenger vehicles. Nevertheless, every year parents hand over the keys to their young children, some of whom have yet to master riding a bike without training wheels.

Provided under a homeowners or property policy, rather than an auto or some other type of policy, and usually only if the ATV is being operated on property listed on your insurance policy at the time of an accident. “You have similar liability considerations if a guest comes into your house and slips and falls,” Williams explains. “Did they fall because of the homeowner’s negligence? That is what we have to investigate and determine in the case of a claim.”

“I am a lot older than these kids, and I know how fun it can be for them to drive off-road,” says Williams. “But first thing you know, they want to see how fast it can go or if their ATV will jump over something. That’s just the way kids are made. And it’s up to us adults to protect them.”

In March, the U.S. Consumer Product Safety Commission issued a sobering alert concerning kids and ATVs: All Terrain Vehicles led to at least 57 deaths of children age 16 and younger, plus some 29,000 emergency-room visits involving youths in 2011. “ATVs cause more deaths and injuries than almost any other product under CPSC’s jurisdiction,” says Rachel Weintraub, legislative director and senior counsel for Consumer Federation of America. “ATVs are not toys and we hope that no family suffers a tragic injury or death as a result of an ATV,” she adds.

ATVs come in a range of sizes, engine horsepower, and intended uses, from lightweight sport models designed for off-roading to multi-passenger vehicles favored by hunters to new, all-electric models.

The Texas Department of Motor Vehicles, which doesn’t require drivers to have a license in order to operate an ATV, uses the following criteria to designate a vehicle as part of this category:

  • The vehicle has a saddle seat
  • Has three or more wheels
  • It is designed for off-highway use
  • The vehicle is not intended by the manufacturer for farm or lawn care

Since no one — let alone a minor — may legally operate an ATV on a public road, their use is often confined to private property as well as select trails at state parks, beaches, and forestland around Texas. Regardless of location, adults all too often let their children and teens get behind the wheel.

“ATVs are dangerous to children,” says Thomas K. McInerny, MD, president of the American Academy of Pediatrics. “Children are not developmentally capable of operating these heavy, complex machines. No child under the age of 16 should drive or ride an ATV.”

“Unfortunately, in the last two years we have seen a significant rise in claims involving youthful ATV operators, some of which have resulted in serious injury and even death,” says Steve Williams, Vice President of Claims for Texas Farm Bureau Insurance Companies. “Oftentimes, a guest will come over and wants to drive but has absolutely no experience behind the wheel,” Williams says. “These vehicles are a lot of fun to operate and are attractive to young people, but there is a reason ATV manufacturers warn that no one under the age of 16 should be driving them.”

Liability coverage for the use of ATVs is provided under a homeowners or property policy, rather than an auto or some other type of policy, and usually only if the ATV is being operated on property listed on your insurance policy at the time of an accident. “You have similar liability considerations if a guest comes into your house and slips and falls,” Williams explains. “Did they fall because of the homeowner’s negligence? That is what we have to investigate and determine in the case of a claim.”

“I am a lot older than these kids, and I know how fun it can be for them to drive off-road,” says Williams. “But first thing you know, they want to see how fast it can go or if their ATV will jump over something. That’s just the way kids are made. And it’s up to us adults to protect them.”