Posted by Editor | Posted in Personal Injury News
As previously detailed at The Injury Blog, a West Virginia bill striving to reduce ATV accidents and personal injuries by bolstering ATV safety was dealt a tough blow by state senators last week. According to an Associated Press story in the Charleston Daily Mail, West Virginia senators blocked this bill banning ATV use on open roads and passengers from riding on these vehicles unless allowed by the manufacturer out of a concern that the bill would infringe on private property rights.
Specifically, the Senate did not vote on this West Virginia ATV accidents bill last Tuesday. According to the story, the powerful Rules Committee essentially left this bill in neutral by voting to take it off the upper chamber’s calendar. In other words, without reaching a space on the calendar, this bill will not be voted on by the Senate. In order for this ATV accidents legislation to be brought back, a vote by two-thirds of the Senate or a special Rules Committee meeting will be required.
West Virginia Senate President Earl Ray Tomblin essentially described the bill as being “probably dead” in the story. He added that some senators thought the bill was too restrictive and would criminalize ATV users on their own property. This West Virginia ATV accidents bill would have also added the creation of a single form for police to report ATV accidents and track comprehensive data. Tomblin said that senators were not concerned with this aspect of the bill, which he said could return in time.
This bill was prompted in large part by disturbing statistics for West Virginia ATV-related deaths in 2006. According to the AP story, at least 53 people were killed in West Virginia ATV accidents last year. This number was not only a state record but also the highest per-capital death toll in the country.
In a related and tragic story, a man who was interviewed about this West Virginia ATV accidents bill in late February by a local television station was killed in an ATV accident last week. Homer Williams talked to WSAZ-3 in a February 22nd story about how this ATV bill banning open road use would leave him with no transportation. With that said, Williams’ family said that he died last Thursday morning in an ATV accident. The family said that Williams was found dead on the side of the road with his ATV nearby. Watch the February story including Williams’ comments about this West Virginia ATV accidents bill right here (Windows Media Player is Required), and stay updated on the latest developments on this and all other ATV legislation at The Injury Blog.
