| West Virginia's ATV death toll has risen to 44 with a fatal accident in Marshall County.
Twenty-five-year-old Richard P. Siburt of Proctor in Wetzel County died of massive injuries suffered when the ATV he and his brother Jeremy were riding went out of control and wrecked.
Marshall County sheriff's Chief Deputy Kevin Cecil says Jeremy Siburt, also of Proctor, was treated for injuries and released.
The accident occurred Friday night on a rural road.
Cecil says neither man was wearing a helmet.
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