Following the tragic deaths of two residents in an ATV accident at Indian Mountain ATV Park in Cherokee County, Alabama, over the Labor Day weekend, Alabama authorities continue to investigate the fatal incident, and questions are mounting regarding safety protocols and regulatory oversight at private recreational facilities.

The fatal crash involved a side-by-side RZR carrying nine occupants, which collided with another RZR before overturning and striking a tree. Marcus Dwayne Ragland, 34, identified as the driver, was ejected from the vehicle and pronounced dead at the scene. Ashley Brooke Hawkins, 31, later succumbed to her injuries at a hospital. Both were residents of Rome, Georgia. Seven children, ranging in age from 1 to 12 years old, also sustained injuries in the incident.

The tragedy has intensified calls for stricter regulations at private ATV parks, particularly from State Senator Andrew Jones, who represents Cherokee County. Senator Jones highlighted a previously unsuccessful attempt to implement additional rules for parks like Indian Mountain. He questioned the circumstances leading up to the crash, particularly the number of occupants on the vehicle.

“When two adults and seven children, after paying admission and signing liability waivers, climbed aboard a single ATV designed to haul half that amount of people, it would stand to reason that a park staff member should have intervened,” Senator Jones stated.

He dismissed comparisons between Indian Mountain and other recreational attractions like Weiss Lake as “false,” emphasizing the key differences. “Weiss Lake is not private property, but Indian Mountain is private property, traversed by the public,” Jones explained. “People don’t pay admission to go to Weiss Lake, but they do pay admission to go to Indian Mountain ATV Park. Law enforcement is present and rules are enforced on Weiss Lake. However, there is no law enforcement presence at Indian Mountain, thus it falls to the park to enforce its own rules.”

Conversely, Cherokee County Emergency Management Agency Director Shawn Rogers underscored the element of personal accountability in ATV recreation. While acknowledging the importance of safety rules, Rogers pointed out the scale of the challenge in monitoring such a vast area.

“Those rules that were there, it’s almost impossible for somebody to look and monitor the actions of park goers every minute of the day,” Rogers said, noting the park’s immense size. “This is a 4,600, 4,700, 4,800-acre park. It’s very large.”

Rogers stressed the absolute necessity of operating RZRs and other recreational vehicles safely and responsibly. “We wish and we hope that everyone would follow the manufacturer’s recommendation or the rules at the park,” he added. “Unfortunately, in almost every accident that happens, whether it’s at the ATV park, at Cherokee Rock Village, or at Little River Canyon, somebody has a lapse in judgment or they do something unsafe that leads to someone being injured or killed.”

The Cherokee County Sheriff’s Office, with assistance from the Cherokee County Coroner’s Office, is conducting a thorough investigation into the circumstances surrounding the fatal accident.

As the communities of Rome and Cherokee County mourn the devastating loss, the accident serves as a stark reminder of the inherent risks in off-road activities and reignites a critical conversation about the balance between recreational freedom, personal responsibility, and the need for adequate safety oversight at private parks.