South Carolina 13-year-old Killed in ATV Rollover Accident
By Jim Greene
Published on February 02, 2010
A 13-year-old boy from Johnsonville, S.C., was killed Jan. 10 when his four-wheel all-terrain vehicle (ATV) rolled over on him in a field near his home. According to the county coroner, the boy died of head injuries.
Benjamin Byers II was pronounced dead at a Lake City hospital at 2:53 p.m., about an hour after his accident, by Florence County Coroner Bubba Matthews. Sheriff's Capt. Mike Nunn said Byers apparently lost control of the ORV, causing it to flip and come to rest on top of him.
Victim Was Avid Kart Racer
Byers was a competitive kart racer. He recently won a televised promotional race against a local station's news director and was preparing to participate in a national championship held in Johnsonville.
According to the U.S. Consumer Products Safety Commission (CSPC) Web site ATVSafety.gov, a preliminary review of news reports reveals that Byers was one of at least nine people to die in ATV accidents since the beginning of the year. Three of the nine were, like Byers, under the age of 16.
ATV Accidents Often Blamed on Poor Design
ATV rollover accidents are most often blamed on alleged design flaws that make the vehicles unstable. The CSPC warns of "their unpredictable nature in off-road conditions." ATV mishaps have resulted in numerous product liability/personal injury/wrongful death lawsuits, most notably over the popular Yamaha Rhino, a larger ATV designed to accommodate both a driver and a passenger in a side-by-side configuration.
The side-by-side ATVs are necessarily wider, but also taller. Plaintiffs in lawsuits over Rhino rollovers say the vehicle is too tall and narrow, making it top-heavy. In cooperation with the CPSC, Yamaha addressed the stability issue by offering all owners a free modification to widen the rear wheelbase and remove a rear sway bar.
If you or someone you love suffered injury or death in a Rhino rollover or other ATV accident, contact an experienced product liability/personal injury/wrongful death attorney right away. You may be entitled to financial compensation for medical bills, loss of work, and other expenses.
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