WINDHAM, Maine (NEWS CENTER) — A 19-month-old boy died Monday from injuries he suffered during an ATV accident on Sunday in Windham.
Maine Game Wardens say the crash happened Sunday, June 12 on private property in Windham.
Wardens say the boy's 32-year-old father was driving up a hill, when it rolled over backwards.
The father was carrying two additional children, ages six and four, on the ATV when the crash occurred.
The victim was between the father's legs and the two other children were behind him on the ATV. The ATV involved is a 2007 Yamaha Big Bear 350, which is a single-driver ATV.
Game wardens believe no one was wearing a helmet at the time of the incident.
The owner's manual states that riders should "never carry passengers."
The Warden Service said Monday that Maine law does not prohibit people from carrying passengers on ATVs, nor is there a limit on how many passengers one may carry. However, there are two conditions: everyone on the vehicle under age 18 must wear a helmet, and drivers cannot operate the ATV recklessly as determined by an officer.
Corporal John MacDonald of the Maine Warden Service said it is common to see parents riding with their children, but that it is not common to see people riding with toddlers.
"No, it's not that common to see a child of that age, but it wouldn't be against the law. It would only be against the law -- even if it's on your own land -- if you didn't have a helmet on. It's kind of a parent's discretion on whether they bring them or not," said Corporal MacDonald. "We just want to be sure of the circumstances of what took place there. It's a very tragic incident, and we don't want to paint an unfair picture either way on this family that's going through this."
MacDonald said that helmets for children that young exist, and that officers use their discretion to determine if a certain number of passengers on an ATV is dangerous.
"Being a parent myself, if I was going to be having a child on the machine with me with a helmet -- and if they were younger -- I'd probably have them right in front of me, just so I can have better control of them. It's kind of personal preference, but for a small infant child, whatever, I prefer to have them sitting directly in front of me and have one arm around them," said Corporal MacDonald.
Windham Rescue transported the boy to Maine Medical Center in Portland where he died from his injuries on Monday.
The Maine Warden Service will be working closely with the Cumberland County District Attorney’s Office regarding this incident. The boy’s body will be examined today by the Medical Examiner’s Office.
This case remains under investigation. Windham Police Department and the Cumberland County Sheriff’s Department assisted game wardens at the scene.
The Maine Warden Service Laws and Rules for ATVs and Snowmobiles can be found here.
Per @mefishwildlife rules, anyone under 18 must wear helmet on ATV. Wardens believe no helmets worn at time of accident @WCSH6 @WLBZ2
— Chris Costa (@ChrisCostaTV) June 13, 2016
Warden Service: no law re: age of passengers, but all passengers under 18 yo required to wear helmets @WCSH6 @WLBZ2
— Chris Costa (@ChrisCostaTV) June 13, 2016
Warden Service: We will be working with the DAs office to determine IF charges are filed. @WCSH6 @WLBZ2
— Chris Costa (@ChrisCostaTV) June 13, 2016
Warden Service: ATVs have recommendations for safe use. No law for limit of passengers. @WCSH6 @WLBZ2
— Chris Costa (@ChrisCostaTV) June 13, 2016