Published: May 04, 2008 09:58 pm      

Study results fail to change ATV safety bill

Editor’s note: This is the second of a two-part series looking at ATV safety.



During the 2007 legislative session, lawmakers grumbled about the lack of hard data available when considering amendments to the state’s first ATV law passed three years earlier.

A year later, Gov. Joe Manchin delivered to legislators a comprehensive 64-page study of West Virginia ATV deaths and injuries compiled by the state Bureau for Public Health and the Criminal Justice Statistical Center, a unit of the state Division of Criminal Justice Services.

The eight-person study group, including the state’s chief medical examiner, health officials and law enforcement, made a bevy of recommendations all aimed at lowering the state’s high ATV injury and death rate.

Despite their voluminous findings and overwhelming statistical data, a House committee scuttled the 2008 ATV safety bill amendment crafted to enact several key proposals.

“The data clearly shows that over the years injuries and deaths have greatly increased in West Virginia,” Dr. Jim Helmkamp, director of the WVU Injury Control Research Center in Morgantown, told The Register-Herald. Helmkamp also served on the ATV study group.

“It showed there were key factors contributing to these deaths such as operating ATVs on paved vehicles which is legal under the laws passed in 2004.”

The law forbids ATVs on double-laned or center-striped highways and roads, leaving some 20,000 miles of paved back roads wide open for use.

From 2000 to 2004, national statistics bore out an average of 16 deaths per week (830 total) due to ATV accidents. Twenty-one percent occurred to kids 16 years old and under.

During the same time period in West Virginia, ATV-related deaths increased almost 130 percent, from 14 in 2000 to 32 in 2004. On average, one person in the state was killed every two weeks due to ATV accidents, with 16 percent being 16 years of age and younger.

The state Bureau for Public Health reported an additional 155 ATV deaths from 2005 to 2007. Eight deaths have been reported this year.

“For the past 18 years, West Virginia has experienced the highest population-based death rates ... compared to all other states,” the study concluded. “Since the enactment of the ATV safety law in May 2004, WV has averaged 45 deaths annually, nearly one person each week.”

In 2004 alone, ATV deaths in the state accounted for economic losses of $120 million, the study said.

Hospital trips for ATV-related injuries increased 90 percent from 8,232 in 2000 to 15,630 in 2004. About 43 people per day were treated for ATV injuries in 2004, with 80 percent being males.

Hospital bills for injuries during the same time period increased nationally from $109 million to a staggering $374 million. Fractured legs were the most common injury (22 percent).

“The findings shown in the governor’s report told us what many have known for quite a number of years,” Helmkamp said. “Not wearing a helmet, riding on paved roads and alcohol and drug use significantly increase ATV death rates.”

Helmkamp said less than 10 percent of all riders killed in 2006 and 2007 were wearing helmets. Helmets are only required for those under 18 years of age in West Virginia.

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Victim profile statistics from 18 years of data indicated males accounted for 87 percent of all deaths, 98 percent were white and 20 percent were younger than 18.

The average ATV victim was a 35-year-old, single, white male who had a 50-50 chance of graduating from high school. Other statistics included:

- Two-thirds of fatal accidents happened between April and September.

- 38 percent died at the scene and 13 percent died en route to the hospital.

- Passengers accounted for 7 percent of deaths.

- 75 percent were not wearing helmets, of which 56 percent received head trauma.

- Alcohol was present in blood in half of all deaths.

- Alcohol was a factor in 73 percent of deaths in ages 21 to 34.

- One-third of all deaths involved drivers with revoked, suspended or surrendered licenses.

- 53 percent of deaths happened on public roads and rollovers accounted for 63 percent of deaths on off-road trails.

Pocahontas, Taylor, Wetzel and Brook counties reported zero ATV deaths from 2001 to 2007. Sixteen southern West Virginia counties accounted for 54 percent of all deaths during that time period. Nearly 30 percent of deaths occurred in the state’s eight most southern counties, but Mingo County reported only two deaths, according to the study.

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The group’s recommendations included banning ATVs on all paved roads, mandatory helmet laws, requiring all vehicles to be registered, prohibit riders whose drivers’ licenses were suspended and promote drug-free and alcohol-free usage.

Why some lawmakers refuse to acknowledge the startling trends and statistics of ATV deaths in the state is puzzling, Helmkamp said.

“It’s hard to say why, but I know there are some senators and delegates who use ATVs and they just don’t want any more regulations,” he said. “Nothing will be done until we can get leaders to recognize this is a public health issue.”

— E-mail: cgiggenbach@

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