All-terrain vehicles (ATVs) are popular recreational vehicles for outdoor adventures. However, they can also be dangerous, especially when operated by minors. In Iowa, there are specific laws and regulations regarding ATV operation and accidents involving minors. When accidents occur, determining liability can be complicated.
ATV Laws in Iowa for Minors
In Iowa, there are legal age restrictions for operating ATVs:
- Children under 12 years old are prohibited from operating an ATV on public land, trails, streets or highways.
- Youth aged 12-16 must complete an ATV education course and obtain a safety certificate to operate an ATV on public land, trails, streets or highways. They must carry the certificate with them while riding.
- Youth under 16 can only operate an ATV over 90cc if they are under direct supervision of a parent, guardian or other responsible adult.
- No one under 14 years old can operate an ATV on a designated riding area or trail system unless accompanied by a responsible adult.
These laws are intended to promote safe ATV operation by minors and prevent accidents and injuries. Violating these laws can result in fines for the minor and/or supervising adult.
Common Causes of ATV Accidents with Minors
Despite laws designed to regulate use, ATV accidents are a leading cause of injuries and death for Iowa youth. Common causes include:
- Lack of safety gear – Minors often neglect to wear helmets, goggles, gloves, over-the-ankle boots, long pants, and long-sleeved shirts appropriate for ATV riding. This increases the risk of traumatic brain injuries and other harm in a crash.
- Unsafe speed – Young drivers tend to drive too fast for their skill level and operate the ATV erratically, increasing the chance of collisions and roll-overs.
- Riding on paved roads – ATVs are designed for off-road use. Paved surfaces can affect steering and increase the probability of loss of control.
- Carrying passengers – Most youth-model ATVs are designed for a single rider. Extra passengers raise the center of gravity and make accidents more likely.
- Impaired or distracted driving – Minors may drive while distracted or under the influence of alcohol or drugs. These impairments slow reaction times and good judgement.
- Lack of training – Inexperience, lack of proper instruction, and immature judgement can lead to accidents. Formal safety training better prepares youth to drive ATVs responsibly.
Liability Laws in Iowa
When ATV accidents occur involving minors, liability depends on the specific circumstances and parties involved. Iowa laws establish legal responsibility in certain situations:
Parental Liability
Parents can be liable for allowing underage operation or negligent/reckless behavior that causes injury. However, Iowa has a Parental Responsibility Act that limits liability if the parent made reasonable efforts to prevent misconduct.
Owner Liability
The owner of the ATV used in an accident may be liable for providing access to a minor, failing to maintain it properly, or negligence contributing to the accident.
Adult Supervisor Liability
Any adult responsible for directly supervising a minor operating an ATV can potentially be liable for resulting injuries or damages if negligent supervision caused or contributed to the accident.
Dealership/Seller Liability
ATV dealers and sellers can be held liable if they sold or provided an ATV to a minor or parent/guardian for use by a minor improperly. This may violate state laws.
Landowner Liability
If an accident occurs on private land, the landowner can be held responsible if conditions on the property contributed to the incident (i.e. hidden hazards). They may be liable for not preventing unauthorized use, say, for example, if teens broke into the property and stole an ATV, which they then used and sustained injuries.
Determining Liability
To assign liability, evidence must show the minor and/or other party acted negligently and directly caused injuries/damages. Legal experts examine the facts to pinpoint where duty of care was breached.
Contributory negligence laws mean if the minor victim was even 1% at fault, their claim may be completely barred.
Responsible parties may share liability if multiple factors caused the accident. Settlements and damages are proportioned by degree of fault.
Preventing accidents protects minors from harm and reduces liability risks. Following ATV laws, stressing responsible riding, and ensuring proper training and supervision are the best ways to keep youth safe. Being aware of liability issues can also help Iowa parents make wise choices when allowing ATV operation. With caution and preparation, ATV riding can be an enjoyable pastime for Iowa youth.
If your teen has been injured while riding ATVs, contact Monge and Associates for a discussion about your case. We have offices in 32 locations and 19 states, including Iowa, Ohio, and Kansas.
Call now for a free consultation on (888) 477-0597.