A crash involving a four-wheeler has left a young boy from Knox dead. Now, questions are being raised about the vehicle's safety and how much the boy's parents knew about possible problems.

The parents say that they just found out that the type of four-wheeler involved in the crash had been recalled after causing dozens of deaths.

Police say Thursday afternoon around 4:00pm, 13-year-old Wyatt Spencer was riding his new off-road vehicle when it rolled over. According to police, the combination of speed and the lack of a helmet made the accident deadly.

There is also the issue of a recent recall involving similar four wheelers.

Talking about his son Wyatt is something that's now unbearable for James Spencer,

"It is a tragedy and he is going to live one," Spencer told NEWS10, "That's all I have to say."

Wyatt was Spencer and his wife's only child.

Wyatt Spencer loved baseball, golf and hanging out on the family's Knox farm with friends.

It was on their rolling property yesterday that Wyatt took out his brand new Yamaha Rhino utility vehicle, one he had just received hours before.

"He was coming down the thing, rolled over. He was not wearing the seat belt. It threw him out and it had to hit him on his neck, because it killed him instantly," James Spencer said.

Spencer says Wyatt's best friend Brian Pitts, who was a passenger in the UTV, was wearing a seatbelt. He climbed out and did everything he could to save Wyatt, but by the time emergency crews arrived it was too late.

What makes the tragedy weigh even heavier on James Spencer was the fact that the Yamaha Rhino 450 had actually been recalled by the federal government this past March after reports of more than 40 deaths and hundreds of injuries.

"I was not aware of any deaths or any injuries with this machine," he told NEWS10.

Spencer says all he was told was that the UTV's rear tires needed to be retro-fitted for stability reasons.

"It seems to me that you would want to stabilize all four corners on these things instead of just the rear wheels. It just doesn't make sense to me," he said.

NEWS10 spoke to the owner of gable motor sports in Cobleskill. He agreed the accident was a tragedy, however, he says personal responsibility needs to be the focus. The Rhino 450 clearly posts drivers need to be over 16.

Police also believe Wyatt was riding too fast, and may have survived had he worn a seat belt.

Spencer says growing up on an alpaca farm, Wyatt was very experienced with off road vehicles, 4 wheelers, motor bikes and tractors.

New York State does have specific laws for all terrain vehicles. For example, there are restrictions for drivers under 16, but that's where it gets complicated.

Kids under 16 need parental supervision unless they are riding on the land of a parent or guardian, which applies in Wyatt Spencer's case.

The state requires everyone on an all-terrain vehicle, both drivers and riders, to wear helmets and recommends an ATV safety training course, but does not require seat belt use.

But whatever the cause, the child who was the light of his parents' life is now being remembered for giving them the most joyous 13 years of their lives.