Suing ATV Riders / Parents?

[ShawnsPoorB]

What is the name of your state? New York

Howdy folks,

Can I as a homeowner sue ATV riders (kids primarily through thier parents) who refuse to stop riding ATV's on public roads (yes, in front of my house!)?

This problem has been brought to the attention of the parents, who don't care as by the time the police come, the kids have stopped riding on the street.

I'm thinking with enough pictures etc etc there might be some type of tort statute that can enforce an injunction or $$ for infliction of emotional distress?

Thanks much!

[nextwife]

A camcorder or videocam might nicely capture the moment.

Honestly, without knowing what the local ATV use ordinances are in your area, none of us can know what recourse you have. DO speak to your local police department and research ATV laws.

Frankly, their parents are morons. ATVs can be VERY dangerous. Kids should not be let loose with such a vehicle, much less where automobiles are also driving. Not to mention the potential disaster where young kids on bikes or roller skates may also be using the street.

Here are links to recent articles about the ATV death of quarterback Brett Favre's BIL. You may want to share them with the moron parents:

[url]http://www.msnbc.msn.com/id/6195599/[/url]
[url]http://sports.espn.go.com/nfl/news/story?id=1896679[/url]

And also ATV safety in general:
[url]http://www.consumerfed.org/020503atvbleak.html[/url]

[ShawnsPoorB]

The local laws are that there is no ATV riding on public roads (aka my street) at ALL, and even on private property kids under 16 must be supervised by an adult.

The problem for me is that I am on a cul-de-sac at the end of two half mile or so roads, and both the kids and their parents have no problems speeding up and down the street.

I have confronted both the kids and parents on numerous occasions, and the general reaction is "whats the problem? It's a side street."

This past weekend, I did have the State Police up, and they went to a couple of the houses and talked to the folks. The Trooper told me not to hesitate calling when I see riders, the problem is they would not be riding by the time the police get there! Sure enough, a few hours after the visit by the Troopers, kids were back riding.

I'm trying to stop this once and for all before one of my kids gets smacked by an ATV or even worse. I'm trying to see if there is any grounds for even filing a suit, or threatening to file a suit, as maybe a summons / thought of losing money might actually send a message.

[racer72]

You have no grounds to file a lawsuit.

[nextwife]

This situation is an accident waiting to happen.

Will the Police Department issue citations on the basis of a videotaped violation? If so, can you get video of the kids doing this? A couple citations and repeated fines might get their parent's attention. Once that has happened, try mounting a fake (or real) videocam where they can see it and let them know that you will report every violation.

Kids on ATVs have no business being on a public street.

[HONDA ATV RIDER]

i live in ms

i have a problem but im the guy ridding i dont get on the road that often unless im testing my quad out and need a place to open it up but when i do get on the road its also to get to a friends house or my grandparents..i dont get why the hell you people have a problem with them ridding up and down the street why dont you go out their in a nice manner and say hey whoever would you please go slow around my house so my kids wont get hurt..im sure they will do it..you dont have to call the freekin police to come..what would you rather have the police doing chasing a drunk drive, drugies, gang members or a kid ridding a 4wheeler...some people are dumb as ****..if you knew anything about the atv world maybe then you would understand....i have had the police at my house serveral times and im sick of it my neighbors always complain how loud it is and what not well guess what i dont give a **** i have lived here for 16 yearsd and my parents have lives here for around 20 then we have some stuck up ass neighbors who lived here for 3 years...just because you cold hearted people who can only think of them stuck up selves have to try to ruin this world atv have no rights now...maybe if they would open more atv parks u would see less of them on the road but no they have to close them because ass holes are like they polute the air....WELL what the hell do you think a car is doing their are 50 million cars and their putting out 5 times as much as a 4wheeler....plus your kid would have more of a chance living getting hit by a 4wheeler than a damn car...heres another little hint when you call the police it just makes them more mad and their parents mad....thats what it has done with me...its always the people who have no life at who have to go run their little bitch ass mouths off......PEOPLE like YALL make me SICK...cops have much better thing to do**************word of advice GET OVER IT

[wonderwhy]

ok so what is the point of suing them to get some money? thats all this country has come to is just getting money for anything and everything why not just stand up to them and do something instead of telling on them like a 3rd grader. people like to have fun so what? ATVs are a lot less dangerous to other people than a car is. most of the time a car is going about as fast as a fourwheeler. theyre bigger and cant stop as quickly or avoid people as much. only a few people get killed each year by them, but thousands of thousands get killed by cars and nobody complains about that. believe me if they see a kid in the road they WILL slow down and go around not just slam into someone like a wreckless jack@$$ that you obviously think they are. theyre just trying to have a good time. kids can ride bikes and they get hurt more on them then ATVs. you want them off the road but then when it comes time for them to go on a track where its only ATVs and dirt bikes, everyone complains about that too. where are they supposed to go now? boats can go on water and make way more disturbances like huge waves that come into yards and nobody cares but an atv rides past a few times and you want to get money from them? whats that gonna do? all anybody does anymore is just file lawsuits. why not just deal with it yourself. a quote "whoever appeals to the law is either a fool or a coward. whoever cannot take care of himself without that law is both. for a wounded man shall say to his assailant 'if i live, i will kill you, but if i die, you are forgive' such is the rule of honor" **************.how about you think about that before oyu try to ruin a kids hobby....would it be better if they took the money they put into their ATV and bought drugs and just sat in the house getting high and tripping while not being known by anyone else? jeez

[NacsRacer27]

emotional distress? you gotta be kidding me...I dont exactly condone riding quads on public roads...side streets or not...odds are, these kids are good enough riders to know to look out for things out of the ordinary...I bet your the kind of peron that would get mad if a few trails for quads became present around your area..and you called the cops over that too, saying it was disturbing the peace. I suppose you would want these kids to be sitting in their garage smoking? If you have this much of a problem with it, stop calling the police..and go POLITELY ASK their parents to tell them to not ride in front of your house..just stay away from that section.

[250rquadrider]

As for the kids riding in front of your house, do what everyone else has said, and go and politely ask thier parent to have them not ride in front of your yard. If they were riding on your lawn and tearing it up that would be a different story. And if you think one of the kids on ATV's is gonna hit your kids, what are your kids doing playing in the road to begin with? That to me hints at bad parenting.

I was riding my quad one day along a road doing about 40 mph, same as a car would be doing on the same road. A dog ran out in the road straight at me. In order to not hit it I had to swerve over off the road onto a barn driveway. The dog still slid against my front wheel. If I was driving a car that dog would have been dead. If that was your dog, or one of your kids how glad would you be that I decided to drive a quad to my friend's house instead of a car?

[mxer115]

i am going to sue YOU because you cause ME pain and suffering when i think about how much you complain about atvs, wake up and get your head out of your butt you grumpy old bat, Some people live to do nothing but complain. do us all a favor and SHUT THE F UP

[Racer98]

Originally Posted by 250rquadrider

As for the kids riding in front of your house, do what everyone else has said, and go and politely ask thier parent to have them not ride in front of your yard. If they were riding on your lawn and tearing it up that would be a different story. And if you think one of the kids on ATV's is gonna hit your kids, what are your kids doing playing in the road to begin with? That to me hints at bad parenting.
I was riding my quad one day along a road doing about 40 mph, same as a car would be doing on the same road. A dog ran out in the road straight at me. In order to not hit it I had to swerve over off the road onto a barn driveway. The dog still slid against my front wheel. If I was driving a car that dog would have been dead. If that was your dog, or one of your kids how glad would you be that I decided to drive a quad to my friend's house instead of a car?

what are your kids doing playing in the road to begin with? That to me hints at bad parenting. that just tells me you want your kids hit if your so upset about your kids then watch them !You dont seem woried about yourself but I guess you dont play on the road do you ?

[Shay-Pari'e]

Originally Posted by HONDA ATV RIDER

i live in ms

i have a problem but im the guy ridding i dont get on the road that often unless im testing my quad out and need a place to open it up but when i do get on the road its also to get to a friends house or my grandparents.. And that is not legal.

i dont get why the hell you people have a problem with them ridding up and down the street why dont you go out their in a nice manner and say hey whoever would you please go slow around my house so my kids wont get hurt..im sure they will do it.. Again, Because it is illegal.

you dont have to call the freekin police to come..what would you rather have the police doing chasing a drunk drive, drugies, gang members or a kid ridding a 4wheeler.. Well, maybe they do, and it their right.

.some people are dumb as ****..if you knew anything about the atv world maybe then you would understand....i have had the police at my house serveral times and im sick of it my neighbors always complain how loud it is and what not well guess what i dont give a **** i have lived here for 16 yearsd and my parents have lives here for around 20 then we have some stuck up ass neighbors who lived here for 3 years...just because you cold hearted people who can only think of them stuck up selves have to try to ruin this world atv have no rights now...maybe if they would open more atv parks u would see less of them on the road but no they have to close them because ass holes are like they polute the air....WELL what the hell do you think a car is doing their are 50 million cars and their putting out 5 times as much as a 4wheeler....plus your kid would have more of a chance living getting hit by a 4wheeler than a damn car...heres another little hint when you call the police it just makes them more mad and their parents mad....thats what it has done with me...its always the people who have no life at who have to go run their little bitch ass mouths off......PEOPLE like YALL make me SICK...cops have much better thing to do**************word of advice GET OVER IT

My family has ATV's, and we knew when we bought them to use them legally.

When you are in the position to change the laws, please come on back, until then you are just whining about something you cannot legally do.

[NacsRacer27]

Originally Posted by mxer115

i am going to sue YOU because you cause ME pain and suffering when i think about how much you complain about atvs, wake up and get your head out of your butt you grumpy old bat, Some people live to do nothing but complain. do us all a favor and SHUT THE F UP

how old are you...12? it kids like you that ride that thing your invinible..and have no respect for other people or their prperty. people like youg ive bad names to all quad riders. please just dont post again.

[HONDA ATV RIDER]

Originally Posted by --PARIDISE--

My family has ATV's, and we knew when we bought them to use them legally.

When you are in the position to change the laws, please come on back, until then you are just whining about something you cannot legally do.

i know its illegal to ride on the road but its not a big deal as long as your responsible enough....and plus the people who made this tread are the winny asses

[BoykinMom]

We have a similar issue where the parents not only don't care but are part of the problem (in our case in, it's one family and they are racing ATV's with motorcycles, doing wheelies, burning rubber, running racing vehivles, riding in the dark without lights on, etc. in a neighborhood without sidewalks.) Neighbors tried talking to the father but he just got defensive and took the offense, physically threatening the neighbors - don't know if your case is this severe. Anyway, calls to patrol officers don't work with people who are that careless, especially if they have a scanner. You need to find someone at the police department (we started with Community Policing, who referred us to Traffic Division) who can asses how severe the problem is and how they should/can respond. We did have limited success with gathering photo evidence (recommended by the sherrif's office) and getting several neighbors to testify in court. In our state, an officer can issue a citation based on your complaint, but then your testimony is the only thing that brings the case on behalf of the state; in other words, an officer can't testify to something he did not see. Our culprit had a bold-faced lying attorney, and the only reason he was fined and given probation was because we had DATED PHOTOS where you can see him with wheels off the ground and others showing his face; there was no denying he did what was in those photos. It's really a shame because it used to be that people in our neighborhood used ATV's just to go visit someone else, etc., and those people used sense when operating them. But it's just gotten so bad someone is bound to get hurt soon. An accident last summer left an ATV in one family's front yard (thank God the kids were playing out BACK) and an overturned cart full of broken beer bottles in the street. It stinks to have that kind of animosity in the neighborhood, too. AND, the results may be short-lived...I found this site because they have been racing again and driving through our yard, I'm trying to ID any other alternatives...we're back to meeting with the police for round 2. Best of luck to you.

P.S. Keep in mind that (assuming you did try talking to your neighbor already and he blew you off) that your problem is not ATV's per se, the underlying problem is that your neighbor is an inconsiderate person...that's what makes this hard to fix.