Passenger still in critical condition
By Jill Coley , Glenn Smith
A Summerville teen injured in an all-terrain vehicle crash remained hospitalized in critical condition Tuesday as state lawmakers continued to mull new safety restrictions on ATV use.
Kayla Beczynski, 15, was injured Saturday when she and a neighbor were thrown from an ATV that crashed in a wooded area near the Sawmill Branch Trail north of Luden Drive. Beczynski was a passenger on the ATV.
Witnesses told police the ATV appeared to be going too fast for conditions when it left the trail and flipped into the air.
The driver, 32-year-old Katrina Elsworth, told police she took two prescription medications prior to the ride. She said she had taken Adderall, a stimulant commonly used to treat attention-deficit hyperactivity disorder, and Diazepam, a sedative used as anti-anxiety medicine, authorities said.
Beczynski's mother, Carrie Rhymer, told police she didn't know her daughter was riding the ATV with Elsworth.
Summerville police Capt. Jon Rogers said only that the crash remained under investigation. No charges have been filed.
The wreck occurred as state legislators are considering a bill that would set restrictions on ATV use. The measure is dubbed "Chandler's Law," after a 16-year-old boy who was killed in an ATV accident in May 2003. Some 44 states across the nation have ATV safety laws.
The bill would bar children younger than 6 from driving an ATV and limit the engine power for drivers between 6 and 16 years old. The measure would require youths 15 and under to wear safety glasses and helmets while driving or riding on an ATV. Operators 15 and younger also would have to complete a safety course.
Read the bill
...at scstatehouse.gov select search by bill number and type 3681 in the search box.
The proposal also would bar anyone from operating an ATV in a reckless manner or under the influence of alcohol or other controlled substances.
The bill passed the House in April and hit the Senate floor for debate Friday.
Sen. Paul Campbell, R-Goose Creek, supports the measure despite his reservations about legislating personal freedoms. "I hate to have to require people to do what's common sense," he said. But too many children are being injured, he said, and "the young people need a push."
Gov. Mark Sanford has twice vetoed ATV safety legislation, saying the measures would infringe on property rights and personal freedoms. Sanford also criticized safety courses as a hidden tax on families.
But if those on the front lines of trauma had their way, the legislation would be stricter, said Dr. Chris Streck, a pediatric trauma surgeon at the Medical University of South Carolina.
No one under age 16 and not licensed to drive a car should operate an ATV, he said. Mandating helmets and forbidding passengers also should be law, he said.
In South Carolina, more than 100 people died in ATV crashes between 1982 and 2007, according to the U.S. Consumer Product Safety Commission. Of those who died, 28 were children younger than 16, authorities said.
MUSC Children's Hospital treats about 20 children annually with serious injuries following ATV accidents, Streck said. Most ATVs children ride weigh up to 550 pounds and can travel up to 70 mph, a perfect recipe for tragedy, he said.
Saturday's crash reportedly occurred about 7 p.m. as Elsworth was trying to avoid a muddy spot along a trail. She told police she had been stuck in the spot before and swerved to avoid it. The 15-foot embankment gave way, sending the ATV into an adjacent canal, where it came to rest in a foot or so of water, according to a police report.
Witnesses told police the ATV was "going way too fast" before it plunged into the canal. Elsworth's husband later remarked to police that the ATV was in fourth gear when he inspected it after the crash, a report stated.
Katrina Elsworth told officers that Beczynski was not moving after the crash and was turning blue, with blood coming from her mouth and nose. Elsworth had some scratches on her neck but no other visible injuries, police said.
The extent of Beczynski's injuries remained unclear Tuesday. Attempts to reach her family were unsuccessful.
Reach Glenn Smith at 937-5556 or gsmith@postandcourier.com. Reach Jill Coley at 937-5719 or jcoley@postandcourier.com.
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oldandintheway (anonymous) says...
so the 30 year old was under the influence of adderall and diazepam, nice.
she has admitted this and is using this as the excuse for wrecking the atv.
guilty as charged.
driving while under the influence strikes again as innocents have been been hurt due to poor and impaired judgement.
sounds like a civil suit here, where's andy ?
May 20, 2009 at 7:10 a.m. ( permalink | suggest removal )
BootstrapRed (anonymous) says...
It is a real shame we must legislate "common sense". However, I am now realizing it is necessary, because more and more people have none!
May 20, 2009 at 7:26 a.m. ( permalink | suggest removal )
Two_Sheds (anonymous) says...
I was out delivering pizzas in Summerville last night, and wondered where all the sirens were heading...I guess this was the incident in question.
What the hell was that woman doing driving an ATV after drugging up?! And why is it always the drunk/high person that's never seriously injured, but an innocent passenger? Anyone ever notice this? Real justice would have that boneheaded driver in the hospital instead of that girl, who may or may not fully recover. What a shame.
May 20, 2009 at 7:27 a.m. ( permalink | suggest removal )
wellinformed (anonymous) says...
"Gov. Mark Sanford has twice vetoed ATV safety legislation, saying the measures would infringe on property rights and personal freedoms."
How does this vary from vehicles?? They are our property, but there is still laws concerning what we can and can't do!
May 20, 2009 at 8:28 a.m. ( permalink | suggest removal )
majorjohnson (anonymous) says...
Well lets just pass a law that we all have to stay at home in our padded rooms. The proposed law mentioned here would not have prevented this from happening. One would think that the adult already knew just as surely as if the law was in force that driving a couple of kids around recklessly on an atv while drugged would have not been a good idea, does anyone really think that if it was law she would have stopped and said, oh, it's against the law so I won't do it.
May 20, 2009 at 8:52 a.m. ( permalink | suggest removal )
sassee (anonymous) says...
Again, ATV's don't kill people! Wreckless/careless operators do! This accident, as with many others, came from carelessness, too much speed, under the influence??, etc. There have been 100 deaths in 25 years. Would the proposed new laws/restrictions have changed any of that? I doubt it. No matter how many laws you pass, YOU CANNOT MAKE EVERYONE ACT RESPONSIBLE! If simply having a law on the books made everyone OBEY those laws, we wouldn't need law enforecement, courts, jails, etc. You are dreaming if you think the regulations are going to stop stupidity! Without looking at the particular details of every accident, I dare say that the vast majortiy were simply from careless operation. Proper, responsible operation of an ATV doesn't come with age, it's something that is taught and/or learned thru trial and error(hopefully not a serious error) I'm 50 and still drive ATV's like a maniac! But, I do it alone and I am well aware of the risk involved. I've riden dirt bikes since i was 10 years old and ATV's since I was 20. (I go back before the days of 4-wheelers all the way to 3-wheelers!) You can't say that someone who is 25 is a better ATV operator than someone who is 15 JUST because they are 10 years older! Proper, safe handling of an ATV comes from training and experience.
I hate it when someone is injured on an ATV or motorcycle. It always turns in a witch hunt with people shouting "ATV's are killers" As a parent of 3, I know that it could have easily been my own child. But I have some assurance that my kids have been told over and over how to properly handle an ATV. If, at some point, they choose to drive irresponsibly, then that is a risk that they take. (But they will not do it with me or my wife present!) They know the potential consequences. My 12 year son rides ATV's and dirtbikes. He is wanting to get into racing both of them. His mother has always been scared to death that this day was going to come but she does realize that he is good at operating them and he does use all of the available safety equipment. Accidents will happen, but hopefully responsible riding, experience and the proper use of safety equipment will minimize the injuries.
I truly do hate that this kid was injured, but it appears to be the ATV operators fault, not the ATV itself.
May 20, 2009 at 8:53 a.m. ( permalink | suggest removal )
kroonerrater (anonymous) says...
"In South Carolina, more than 100 people died in ATV crashes between 1982 and 2007, according to the U.S. Consumer Product Safety Commission."
Are you serious P&C?? That's 25 years! That's only 4 people per year! Grant it, that's probably 4 too many... But I'm sure more people die per year in SC walking across the street!!
May 20, 2009 at 9:04 a.m. ( permalink | suggest removal )
singleroni (anonymous) says...
great idea to ban 4 wheelers, then motorcycles imagine how many injured there- oh wait next cars. then we will be safe. accidents happen, sorry for the injured but we can not ever be perfectly safe
May 20, 2009 at 9:05 a.m. ( permalink | suggest removal )
Screwdriver (anonymous) says...
Well said Sassee.
I have an 8 yr. old who loves to ride his ATV. As a responsible parent I made sure he understands how to ride it correctly and I am around when he is on it.
Good for you Gov. Sanford for sticking up for our individual rights. There are already plenty of Federal regulations on ATV's that we have to live by. We do not need anymore laws telling us how to be responsible parents.
I'm tired of my rights being stripped away due to someone else's bad parenting.
May 20, 2009 at 9:18 a.m. ( permalink | suggest removal )
armymom (anonymous) says...
majorjohnson:
I agree with your points, but I think the thing is, if there were a law they could be more easily prosecuted when someone is killed like this girl was.
Is this true? [not sure]
May 20, 2009 at 9:27 a.m. ( permalink | suggest removal )
maeko (anonymous) says...
no one under the age of legal driving or without a driver's license should be allowed to operate a motorized vehicle of any kind...period.
being said, that would not have prevented this tragedy. perhaps, a helmet would have. would've, should've, could've does not help this girl, however.
my sympathies go out to Kayla and her family.
May 20, 2009 at 9:29 a.m. ( permalink | suggest removal )
BulldogTLC (anonymous) says...
The manufacturers already cover these vehicles with warnings stating that they are not to be used as passenger vehicles, but that did not stop this from happening. Another 10 pages of ink will not prevent it from happening again. It will only give government some false sense of control over something that they do not have resources to enforce.
May 20, 2009 at 9:47 a.m. ( permalink | suggest removal )
MyView (anonymous) says...
sassee-Well said.
majorjohnson-Ditto.
I am an avid dirtbiker, and ATV rider. My child started riding at the age of 5. Yep, we have had our accidents. But unlike some we invested in education for safety and ALWAYS wear protective gear. My child started doing 35 foot long jumps @ 6 years old. But I had enough sense to judge his abilities and prepare him by sending him to school to learn how to do this. Would you expect someone to have the skills to drive a car without the proper education in how to do so?
No matter what laws you enact, you can't fix stupid or careless. All of the deaths I have personal knowledge of have been a result of stupid or careless behavoir or a combination of both. Although my heart aches for this child and her family, it is a result of stupid and careless from details offered in the story above.
Thank you Gov. Sanford for realizing no law could have prevented this from happening. The fact of the matter is that the child, would not have known about the law anyway because it is not her ATV. The only people who know about ATV regulations are the ones who buy them...........think about that.
May 20, 2009 at 9:55 a.m. ( permalink | suggest removal )
TripleTasked (anonymous) says...
Maybe those who are hollering about individual rights should read the bill first. In addition to simply requiring safety measures, it also gives ATV owners the "right" to not have to pay property taxes on them, as well as the ability to register them with the ATV in case they are stolen. This bill is a compromise. Am I a huge fan of government involvement and telling people what to do? No. Do I know that ATV injuries are on the rise as they become more popular? Yes. Do I see this as any different from regulation and safety requirements related to the operation of any motorized vehicle? No. We still have problems with people disobeying laws regarding cars but that doesn't mean we don't have them.
Here's what I don't get:
Kids under 16 are not fully developed, mentally or physically-science and research backs this up; it is FACT. We don't let children drive a car until they are 16 due to this FACT. Would all the ATV owners out there let their 12 year-old or 8 year-old hop in the family vehicle and take it for a spin? What's the difference? At least then they'd have the airbag or seatbelts to protect them if their reaction time was too slow or they made a poor choice. They are KIDS! Kids make mistakes, no matter how well you "teach" them. ATVs weigh anywhere from 550-800 pounds and have ZERO protection built into them, aside from the kill-switch (which, even if you "teach" your child to use it, pales in comparision to real safety measures like roll-cages when it gets down to injuries). I don't care how good a rider your kid is- can they account for an embankment giving way and the ATV flipping on them? Then you've got an 800 pound vehicle on a kid. SPLAT. This is simple physics folks. People will say, oh well, you take a risk everytime you get in a car. Yep, that's true- but my kids and I also have airbags, a steel structure all the way around us, seatbelts, autolock doors and other safety measures to protect us.
I also find it very interesting that people are attacking the rate of fatalies statistic. Hmmm, guess we all shouldn't worry about it cause it's only a few. If you could pick 25 kids right now, put them on a bus, knowing it would crash and they'd all die- would you do it? We know there are going to be deaths and life-changing injuries from kids riding ATVs every year, and they continue to rise. Don't we have an obligation as decent human beings to try and prevent them if we can?
May 20, 2009 at 10:09 a.m. ( permalink | suggest removal )
coolfreaknbeans (anonymous) says...
FYI: Adderall possible side effects: Fainting, light headedness,blurred vision, trouble concentrating,hallucinations,unusual behavior,etc.
Valium possible side effects:
Confusion
Unusual thoughts/behavior
UNUSUAL RISK-TAKING BEHAVIOR
DECREASED INHIBITIONS
NO FEAR OF DANGER
DOUBLE VISION/HALLUCINATIONS
This was a recipe for disaster. Please pray for Kayla.
May 20, 2009 at 10:19 a.m. ( permalink | suggest removal )
majorjohnson (anonymous) says...
Are you saying that someone who does something stupid that kills a kid can't be prosecuted under one or two the thousands of laws we already have? How about reckless homicide? Do we actually need a law that says you can't drive a car with your right foot on the steering wheel and another that you can't drive a car with your left foot on the steering wheel and another that you can't drive with both feet on the steering wheel before we can prosecute someone for driving with their feet and causing an accident?
The best the proposed law would have done is give them yet another law to charge her with, it wouldn't have prevented the accident, and there are already multiple charges a smart prosecutor could hit her with that would probably cost her more jail time and fines than this one would, not to mention the upcoming civil lawsuit. It's nothing but politics. How about some common sense?
May 20, 2009 at 10:21 a.m. ( permalink | suggest removal )
SCBorn1 (anonymous) says...
I agree with many of the post here, this is just an accident that could have been avoided, in a few ways at that....making more laws isnt going to do a whole lot, its up to the drivers or the ones responsible to take these precautions when a minor is involved. Hopes and pryers go out to the little girl and i'm sure she's a fighter and will pull through!
May 20, 2009 at 10:41 a.m. ( permalink | suggest removal )
SCBorn1 (anonymous) says...
*prayers...sorry
May 20, 2009 at 10:45 a.m. ( permalink | suggest removal )
armymom (anonymous) says...
Major....
true
May 20, 2009 at 10:53 a.m. ( permalink | suggest removal )
MyView (anonymous) says...
tripletasked-I understand that you have some valid points. But what should we do, lock all children up until they are 16 to prevent them from mis-judging things?
First, it's called PARENTAL supervision. It starts when children are born. We learn to walk when we are very short because the fall is small from that height. You would not teach a child to walk from the top of the stairs, nor would you teach a teenager to drive in a Nascar.
Second, maturity is very indivualized. Some are not ready at 16 to drive, some are. Once again PARENTAL judgement must intervine.
Third, you cannot protect people from themselves. If you choose to be stupid or careless the consequences will eventually be realized.
Last, I'd rather die by accident participating in something I have a passion for, than have a heart attack on the couch being scared to live and eating Big Macs.
May 20, 2009 at 11:21 a.m. ( permalink | suggest removal )
Screwdriver (anonymous) says...
TripleTasked,
You worry about your kids and I'll worry about mine. If more people did this it would be a much nicer world to live in.
You comparing a car/truck to an ATV tells me you have no clue what riding an ATV is all about. Not quite sure where you are getting your facts regarding the weight of ATV's? It all depends on the size of the ATV you are talking about. If the child is riding the correct size, (mandated by Federal Law)it should be appropriate for that age group. My 8 yr. old's ATV doesn't weigh more than 150 lbs. In that case, we'd better write a law so I don't wrestle with him since I way much more than the ATV.
People who enjoy spending time with thier families riding ATV's don't expect people like you to understand the enjoyment of it all, but we do expect you to stay out of our business and not tell us how to raise our kids or how to enjoy life with them.
Unsafe riders = Injuried riders.
May 20, 2009 at 11:33 a.m. ( permalink | suggest removal )
Screwdriver (anonymous) says...
MyView... Could not have said it better myself!
May 20, 2009 at 11:40 a.m. ( permalink | suggest removal )
katie (anonymous) says...
I think that we all should remember that NO motorized vehicles are allowed on Sawmill Branch Trail.
Also this girl's parents should have been notified that she was going on this ride and I am sure that they would not have given permission if they had known she was going with this woman who was under the influence, adderall and valium...what on earth was this woman thinking? If the poor girl had a helmet on I am sure that things would have turned out better, I just pray for her recovery.
May 20, 2009 at 12:43 p.m. ( permalink | suggest removal )
PalmettoDP (anonymous) says...
Chandler's Law is dangerous in the precedent that it sets. It is important that this bill be defeated.
Currently, state law does not regulate private vehicles on private property. Only vehicles on public roads are regulated (as they should be).
Chandler's Law opens the door to all kinds of restictive legislation - such as what kind of activities in which children may participate while on private property. Playing football in the back yard can be dangerous, can it not? Some future legislature could decide to ban backyard sports, using Chandler's Law as precedent. It sounds rediculous now, but that's how these things always start.
In the shameful event that Chandler's Law passes the legislature, the governor should veto.
May 20, 2009 at 12:49 p.m. ( permalink | suggest removal )
twini1 (anonymous) says...
What is a 15 year old doing spending time with someone twice her age? I know that a parent cannot plan for the unexpected but it sounds like this neighbor has a slight drug problem-Why else would you take two drugs that counteract each other? isn't she a little old for adderal?
May 20, 2009 at 2:43 p.m. ( permalink | suggest removal )
MANDO (anonymous) says...
I know the drug addicted neighbor was driving, but the teen could have asked to be let off if the neighbor was driving recklessly. Whatever happened to self responsibility? Why does everything always have to be someone elses fault? If I trip and fall on a restaurant sized can of vegetables in a supermarket, serves me right for not paying attention. What if it happened to be a baby crawling on the floor? This was a teenager that had common sense and apparently didn't have the sense to ask to be let off the ATV.
May 20, 2009 at 3:01 p.m. ( permalink | suggest removal )
tmi (anonymous) says...
Let's face the music here, kids are going to make friends and some of those friends may have an ATV. Those kids are proud of their ATV and want to show it off to their friends and most likely let them to take a whirl on it.
So who is protecting the "other" kid? Because if you ARE in fact watching YOUR child then who is watching mine when he is visiting with your kid? Is it normal to ask your child's new friend "Do you have an ATV because I really want little Johnny to not ride/wear a helmet if you do have one?" I just don't believe that all parents have complete control over EVERYTHING that happens in the child's life.
Someone needs to be held responsible, it's not your kid I'm worried about it, it's mine. And how do I know YOU have my kid's best interest at heart.
Truth is, you probably don't, but I hope there is a law that would put you away if anything should happen to my child.
Some of those laws actually prohibit the use of ATV riding for a minor unless there is an ADULT present.
Also, some laws state that children who are under 13 have to be on the property of the ATV owner when riding, and may not ride anywhere else under any circumstances.
So, for those of you who are stating creating the law is infringing on your rights, what about MY child's rights, and mine?
I may want my child to wear a helmet if he/she were to ride an ATV or an adult present.
I also want the right to sue you if anything should happen to my child IF YOU were disobeying the law.
Here's the deal, the law is to protect families from facing the ultimate tragedy of losing a child from a terrible accident.
And most likely, as in the case of the article above, one that very well could have been prevented.
So if you follow the law, then what is there to get so upset about, really?
www.lawyersandsettlements.com/article...
www.legalcatch.wordpress.com/2008/03/...
May 20, 2009 at 5:01 p.m. ( permalink | suggest removal )
Tulane75 (anonymous) says...
Only 4 people per year...
That sounds like the analysis used by certain corporations when trying to determine which safety precautions should be included in manufactured products..
May 20, 2009 at 5:07 p.m. ( permalink | suggest removal )
msw (anonymous) says...
I have mixed feelings about the law. I believe that ATVs etc. being operated on private property should not be regulated. On the other hand, I live in a neighborhood which has average sized lots which do not provide the room to ride an ATV. Therefore, the parents let the kids ride up and down the roads. There has been some damage done to property due to this. Maybe a good compromise would be to maintain insurance on any ATVs. I'm sure this girl's parents would like that too once they start receiving the medical bills. I hope she recovers.
May 20, 2009 at 5:27 p.m. ( permalink | suggest removal )
WhyDoIBother (anonymous) says...
I had a motorcycle accident four years ago and suffered head trauma which a helmet would have prevented. Fortunately after over $100,000 in medical bills I made a full recovery.
A friend of mine suffered head trauma after an ATV roll-over. He still suffers from some of the effects but operates at close to 100%. I don't know what his bill was but, I'm sure it was similar if not more.
Lets do the math.
1 helmet=$120.00
Accident minus helmet=$100,000 or death
I'm thinking the helmet law is a good idea but, what do i know, I've just experienced it
May 20, 2009 at 6:38 p.m. ( permalink | suggest removal )
Here_for_Kayla (anonymous) says...
A 15 year old does not have a fully developed frontal lobe to alert them to the serious consequences of their behavior. Thus, teenagers take risks and do not think much about the consequences. Typical "I'll live forever" mentality of a teenager. We've all been there. So please stop talking about this child not behaving "responsibly". It's ignorant to suggest she should have behaved differently than she did. She is a CHILD.
The 15 year old, who happens to be a beautiful, sweet soul and the light of her mother's life, was under the supervision of a drugged, irresponsible, thoughtless, careless, reckless adult. A 32 year old ADULT who should have never taken another person's child on a drugged up "joy-ride" on an ATV.
Please pray for Kayla. If only some of you could see the beautiful, spunky, sweet face behind the name. She is a joy.. the light in her mother's heart.
May 21, 2009 at 2:40 a.m. ( permalink | suggest removal )
highclass (anonymous) says...
Drug test the adult... let's see how many drugs are actually in her system, too many? Has she ever been treated for mental problems? How is her driving record? Has DSS ever been involved with her and her family? I wager to guess that the answer to that is Yes, Yes, Bad and Yes.
I am praying for Kayla and I hope she is able to pull through this ordeal.
Charges should be filed.
May 21, 2009 at 9:44 a.m. ( permalink | suggest removal )
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