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10-year-old boy suffers head injury in ATV accident

The Fourth of July this year fell on a Wednesday so many people took a long holiday with family and friends. Summer holidays can involve a host of recreational activities, including fun on all-terrain vehicles.

Two young boys, ages 13 and 10, were on an ATV when they were involved in a single-ATV accident. The 10-year-old boy, who was a passenger, suffered a head injury when he was thrown from the vehicle.

According to news sources, the two boys were riding in the Vidor area when the 13-year-old lost control of the ATV. Both boys were thrown off the ATV when it went into a ditch, but the 10-year-old hit his head. He was taken to the intensive care unit at the University of Texas Medical Branch at Galveston. He was in critical condition but his head injury was not reported as being life-threatening.

When someone is injured due to someone else's negligence, the injured party can sue for damages. In this case, the negligent party could be the parents of the 13-year-old boy.

According to Texas state law, an ATV has the following restrictions:

  • If an ATV driver is under 14 years of age, the driver must be accompanied by a parent or guardian.
  • ATVs are not allowed on a public roadway, street or highway.
  • Passengers may not be on an ATV unless the ATV is designed to carry passengers.

From the news report it is appears that at least one, or possibly all three of these restrictions may have been violated. The parents of the 10-yer-old injured boy will probably need to contemplate their course of action which may or may not include litigation.

Source: Beaumont Enterprise, "UPDATE: Vidor child in stable condition after ATV crash," Ioanna Makri, July 5, 2012

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