Illinois Mother Sues ATV-Maker, Others for Son’s Severe Injuries

A defective gas pedal mechanism on a four-wheel all-terrain vehicle is to blame for a 2007 accident in which an Illinois boy was severely injured, the boy’s mother claims in a new lawsuit.

Ryan Herkert was injured when the ATV he was riding on May 8, 2007 crashed into a tree. The boy suffered a fractured face and broken arm in the wreck.

The boy’s mother, Michelle Herkert, has now filed a lawsuit on behalf of her son against the makers of the ATV and the retailers who who sold the vehicle to the family.

Accidents involving ATVs and four-wheelers are increasingly common, and in many cases, defective parts on the vehicles are to blame. Sadly, children too young to drive cars often are allowed to drive or ride on ATVs, which can be more dangerous than larger vehicles and are more prone to flip over, even when being ridden on flat terrain at safe speeds.

Herkert accuses Taotao La Industries, the maker of the ATV involved in the accident, of manufacturing an “unreasonably dangerous and defective” vehicle. The carburetor cap on the ATV was not properly tightened or designed, allowing it to come loose due to the vibration of the engine, the suit alleges.

That defective part caused the accelerator on the ATV carrying Ryan to stick, forcing the vehicle to speed out of control and into a tree, the suit says.

Herkert’s suit, filed in Madison County on May 22, 2009, also names as defendants Alton Motorsports, which purchased the ATV from a distributor, and Central Avenue Auto Part, which sold the ATV to Herkert.

In addition to his physical injuries, Ryan also sustained emotional injuries including pain and suffering and loss of enjoyment of life, according to the suit. The lawsuit includes eight counts and seeks unspecified damages.

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