Coronial
NSWother

Inquest into the death of Myley Maxwell

Deceased

Myley Maxwell

Demographics

6y, female

Date of death

2017-03-05

Finding date

2019-05-30

Cause of death

blunt force head trauma from quadbike collision with tree

AI-generated summary

Myley Maxwell, aged 6, died from blunt force head trauma when a 13-year-old child lost control of an adult-sized Honda TRX 420cc quadbike on which she was a passenger and collided with a tree. The quadbike was operated without any helmet protection, against manufacturer warnings prominently displayed on the vehicle. Key preventable factors included: use of an adult-sized vehicle by a child operator, carrying multiple passengers contrary to design specifications, absence of protective helmets despite clear labeling, and lack of parental supervision or understanding of risks. The child operator likely could not steer the quadbike effectively around a bend while managing two passengers—a weight and balance problem impossible to manage at her age and skill level. Adult permission for unsafe quadbike use continues despite decades of safety campaigns and manufacturer warnings. The coroner found the death entirely preventable and made multiple recommendations for legislation prohibiting children under 16 from using adult quadbikes and mandating helmet use.

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

Contributing factors

  • use of adult-sized quadbike by child operator aged 13 years
  • operation of quadbike by passenger-child aged 6 years
  • carrying multiple passengers on single-seat vehicle
  • absence of helmets despite manufacturer warnings
  • child operator lacked strength and skill to maneuver adult quadbike with two passengers
  • possible deflation of quadbike tires affecting steering capability
  • insufficient terrain familiarity of child operator
  • presence of fallen branch debris on track contributing to panic
  • adult permission for unsafe quadbike use despite warning labels
  • poor parental understanding of quadbike risks

Coroner's recommendations

  1. Consideration be given to introduce legislation creating a criminal offence for adults who allow children under age 16 to ride adult-sized quadbikes
  2. Consideration be given to introduce legislation creating a criminal offence for adults who allow children under age 16 to ride any quadbike without a helmet
  3. Necessary amendments to legislation be made to allow police to enter private property to investigate the above offences where there is reasonable suspicion an offence has been committed
  4. Consideration be given to introduce legislation requiring mandatory licensing of all persons using adult-sized quadbikes (persons over age 16)
  5. A working group comprised of representatives from NSW Government, SafeWork NSW, NSW Police and non-government industry groups be formed to consider implementation and enforcement of new requirements and an effective education campaign regarding safe quadbike use by children

Further listening

Coronial podcast — Episode 20

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