Coronial
NSWcommunity

Inquest into the deaths of Donald EVELEIGH, Angela STACKMAN, FW, ML

Date of death

2009-2015

Finding date

2015-11-26

Cause of death

Quad bike and side-by-side vehicle rollover accidents resulting in drowning, asphyxiation, and crush injuries

AI-generated summary

This NSW inquest examined 9 deaths from quad bike and side-by-side vehicle rollover accidents between 2009–2015 involving deceased aged 7–68 years. Victims were farmers and rural residents killed on farm properties, plus children operating adult-sized vehicles. Common patterns emerged: rollovers on steep or unsuitable terrain, operators not wearing helmets or seatbelts, children using vehicles despite manufacturer age warnings, and lack of formal safety training. Direct causes included drowning from head injury, asphyxiation from crush injuries, and traumatic brain injury. The coroner identified multiple contributing factors: user error (ignoring warnings, unsuitable terrain choices), vehicle design limitations, and significant regulatory gaps. Key finding: quad bikes have poor stability on sloped terrain. Recommendations focused on: five-star safety rating systems, Australian vehicle standards, mandatory training and licensing, helmet legislation, seatbelt enforcement in SSVs, prohibition of child use, and public education campaigns. Engineering design solutions were emphasised as more effective than relying solely on user compliance.

AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.

Contributing factors

  • Failure to wear helmets
  • Failure to wear seatbelts in side-by-side vehicles
  • Children operating adult-sized vehicles
  • Lack of formal training in vehicle operation
  • Operation on steep, rocky, or unsuitable terrain
  • Vehicles carrying loads affecting stability
  • Vehicle selection unsuitable for intended task
  • Rider/driver error and lack of hazard awareness
  • Limited visibility during night operation
  • High blood alcohol content in one case
  • Underlying medical conditions affecting operator capability
  • Vehicle design instability on slopes

Coroner's recommendations

  1. Develop a 5-star safety rating system for quad bikes and side-by-side vehicles (Australian Terrain Vehicle Assessment Program)
  2. Develop Australian Standards for quad bike and side-by-side vehicle design and manufacture through Standards Australia
  3. Develop nationally accredited training packages for quad bike and side-by-side vehicle operation
  4. Make training and licensing mandatory through legislation
  5. Provide rebates to employers for employee training costs
  6. Develop Australian Standard for quad bike and side-by-side vehicle helmets
  7. Adopt and promote helmets complying with NZ Standard NZS 8600:2002 until Australian Standard issued
  8. Conduct campaigns on criminal liability for employers failing to provide and enforce helmet use
  9. Introduce legislation requiring helmet use for all quad bike and side-by-side vehicle users
  10. Introduce legislation requiring seatbelt use in side-by-side vehicles with speed-limiting interlocks
  11. Conduct campaigns on criminal liability for allowing children under 16 to use adult-sized vehicles
  12. Introduce legislation prohibiting children under 16 from using adult-sized quad bikes and side-by-side vehicles
  13. Conduct public media campaigns on risks including crush/asphyxiation, head injury without helmets, seatbelt importance, dangers to children, need for training, passenger limits, and dangers of alcohol and reckless operation
  14. Conduct independent research study on efficacy of crush protection devices
  15. Standardise police investigation procedures with pro-forma checklist for quad bike fatalities
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