Kenneth Carroll: ATV Accident Lawyer Layton Utah

Layton was named in 1885 for Christopher Layton, a soldier in the Mexican War (1846–47) who settled in Salt Lake valley and raised one of Utah’s first alfalfa crops. The city was once a shipping and processing centre for surrounding irrigated farmlands producing vegetables and sugar beets, but it now is largely suburban, with many of its farmlands given over to housing developments and commercial buildings. It has food-processing industries (flour, sugar, canneries) and is a commercial centre for the adjacent Hill Air Force Base. Layton was settled in the 1850s as an outgrowth of Kaysville, and is named after Christopher Layton, a Latter-day Saint colonizer and leader. It was included in the boundaries when Kaysville was incorporated as a city in 1868, but by the 1880s many Layton residents wanted to separate from the city. They challenged Kaysville’s authority to tax their property, claiming they received no municipal services. This dispute reached the United States Supreme Court in 1894 as the case of Linford v. Ellison, which was decided in favor of the Layton property owners. The separatist movement finally succeeded in 1902, when Layton became an independent unincorporated area. After further growth it was made an incorporated town in 1920.

The town’s population increased slowly; up until 1940 it was about 600. The creation of Hill Air Force Base to the north in 1940, followed shortly by the United States’ entry into World War II, led to a dramatic population increase. War workers streamed into the area; the 1950 census counted 3,456 people. Layton became a city, transformed from a farming town to a residential community. Growth slowed after the war, but Layton continued to develop as a suburban bedroom community, as those not employed at the Air Force base began commuting to the Salt Lake City or Ogden areas. The city continued to expand geographically, annexing surrounding parcels of land, including the adjacent town of Layton and city of East Layton. In 1985, Layton passed Bountiful to become the most populous city in Davis County. Layton is located in the northern portion of the Wasatch Front, approximately 25 miles (40 km) north of Salt Lake City and 15 miles (24 km) south of Ogden. It is bordered by Clearfield to the northwest, Hill Air Force Base to the north, South Weber to the northeast, the Wasatch Mountains to the east, Kaysville to the south, Great Salt Lake wetlands to the southwest and Syracuse to the west. According to the United States Census Bureau, Layton has a total area of 22.2 square miles (57.4 km2), of which 22.0 square miles (57.0 km2) is land and 0.15 square miles (0.4 km2), or 0.78%, is water. The climate in this area is characterized by hot summers and cold winters.

Great Salt Lake effect snow is common in the winter. As of the census of 2010, there were 67,311 people, 18,282 households, and 14,771 families residing in the city. The population density was 2,823.9 people per square mile (1,090.1/km²). There were 19,145 housing units at an average density of 924.6 per square mile (356.9/km²). The racial makeup of the city was 89.91% White, 1.61% African American, 0.53% Native American, 2.08% Asian, 0.27% Pacific Islander, 3.09% from other races, and 2.52% from two or more races. Hispanic or Latino of any race were 6.96% of the population. There were 18,282 households out of which 48.9% had children under the age of 18 living with them, 67.4% were married couples living together, 9.7% had a female householder with no husband present, and 19.2% were non-families. 15.2% of all households were made up of individuals and 3.5% had someone living alone who was 65 years of age or older. The average household size was 3.19 and the average family size was 3.59. Population was 35.1% under the age of 18, 12.1% from 18 to 24, 30.3% from 25 to 44, 16.8% from 45 to 64, and 5.7% who were 65 years of age or older. The median age was 27 years. For every 100 females, there were 101.7 males. For every 100 females age 18 and over, there were 100.1 males. The median income for a household was $52,128, and the median income for a family was $57,193. Males had a median income of $40,409 versus $26,646 for females. The per capita income for the city was $19,604. About 5.0% of families and 5.6% of the population were below the poverty line, including 7.0% of those under age 18 and 4.0% of those ages 65 or over.

Layton City has a council/manager form of government with 290 full-time employees. The Layton City Council is composed of five members and a mayor. All members are elected by the residents of the City during a municipal election held every two years. Each seat consists of a four-year term. Council member terms are staggered. Two members and a mayor are elected at one time, and two years later the other three members are elected. The Mayor and Council are responsible for setting city policy and the City Manager is responsible for the day-to-day operations.

Layton has an extended branch of Weber State University and is part of Davis School District. The city has three high schools, five junior high schools, and thirteen elementary schools.

High schools
• Layton High School (est. 1966) – Davis School District
• Northridge High School (est. 1992) – Davis School District
• NUAMES—Northern Utah Academy of Math, Engineering & Science (est 2004) – an early college charter high school that works in partnership with Weber State University.

Junior high schools
• Central Davis Junior High
• Legacy Junior High
• North Davis Preparatory Academy
• North Layton Junior High
• Shoreline Junior high
Layton’s major retail district includes the Layton Hills Mall, Cinemark and AMC movie theaters, Davis Conference Center, and “Restaurant Row”, nicknamed such due to the large number of national chain restaurants located along its one-mile stretch. Layton’s City Center includes the city offices, police station, and courthouse. Located nearby are Layton Commons Park, Davis Arts Council, Davis County Library Central Branch, Edward A Kenley Centennial Amphitheater, Heritage Museum of Layton, Layton Surf ‘N Swim, and Layton High School.

What to Do When You Are In an ATV Accident

ATVs, or all-terrain-vehicles, are ridden by children and adults throughout the state. When an accident happens on an ATV, it can be a challenge for the injured person to determine who was at fault in the accident. ATV accidents can be every bit as serious as a car accident. ATVs can travel at high rates of speed, and the riders can be thrown from their vehicles or injured in rollover accidents, causing severe injuries. Even with the proper protective gear, ATV riders can suffer serious and permanent injuries.

Are Your Injuries Covered?

When you’re in an ATV accident, you generally want to determine if your injuries are covered by any insurance policy. Unlike cars, however, ATVs are not usually covered by a vehicular insurance policy that will compensate victims of accidents. Instead, the victim will need to determine if there is some other type of insurance policy. If the accident was caused by a defective condition in the land, the victim may be able to seek compensation from the property owners’ insurance. Defective conditions in the land could include something that causes the vehicles to crash. If the accident was the result of the property that the riders were operating on, then the property owners’ insurance may apply. However, if the accident was merely caused by driver error, the victim will have to try to determine whether the negligent ATV operator was covered by some type of insurance policy. They may be covered by a homeowner’s insurance policy that will be available to the victim if the accident met conditions delineated in the policy. In the alternative, the owner of the ATV could also be liable. If the owner of the ATV should not have allowed the rider to use the ATV because they were a minor or were otherwise incapable of operating the vehicle, then the owner of the ATV could also be liable.

Seeking Damages

Lastly, the victim could seek damages by suing the responsible party personally. However, it is extremely difficult to get adequate damages from a private individual who is not covered by an insurance policy. All-terrain vehicles, commonly known as ATVs, are used across the country for work and play. Farmers and farm laborers use ATVs in order to keep track of livestock and grazing areas, inspect and maintain farmland, check and haul supplies to crops, and more. Many people also use ATVs for recreation on family farms, in off-road and mountainous areas, as well as in rural and coastal terrain. The U.S. Consumer Product Safety Commission (CPSC), which maintains injury statistics for ATVs, has documented a total of 14,129 reported ATV-related deaths during the period from 1982 to 2015. In 2015 alone, the CPSC estimates that nearly 98,000 people received emergency room treatment for ATV-related injuries.

Traumatic Brain Injury

Some of the most serious non-fatal ATV injury problems include traumatic brain injury (TBI), permanent concussions, neurologic injuries, spinal cord injuries, neck injuries, fractures and dislocations, in addition to chest and abdominal injuries. TBI can occur when an ATV rider hits his or her head in an accident, crash, or rollover. Often, the person involved in the crash may not even appear to be injured. People injured in non-fatal ATV accidents can suffer catastrophic, life-changing medical problems. Treatment for ATV injuries can be costly and extensive. Head and spinal cord injuries often require extensive, ongoing physical therapy and rehabilitation.

ATV Dangers

The most common type of injury cause involves the ATV flipping or rolling. When this happens, an ATV driver and passenger can be thrown from the vehicle, or even pinned down by it. Many people don’t realize that, in general, ATVs are not designed to carry passengers in the back. Doing so can put both passengers and the vehicle operator at an increased risk for an accident. According to U.S. Department of Labor Occupational Safety and Health Administration, ATVs lack the general stability of other vehicles, and are not meant to be driven on regular paved roads. Because children often lack the physical strength, cognitive abilities, and fine motor skills to operate ATVs properly, their risk for injury is greater than that of adults. Studies have found that adolescent and teenage ATV riders have more severe injuries and more head injuries than any other age group. Although there are state and federal laws, as well as codes and standards for all terrain vehicles, the fact remains that serious non-fatal ATV injuries and deaths can and still occur.

Cost of Medical Treatment and Long-Term Care from ATV Injuries

Treatment for ATV injuries can be costly, extensive, and often involves life-changing therapies and rehabilitation. A study by the U.S. Centers for Disease Control and Prevention (CDC) examining ATV injuries in Alaska concluded that six Alaskans permanently disabled in ATV accidents might require as much as $11.5 million to cover the cost of basic long-term skilled care, assuming each disabled ATV injury victim lived until they were 65 years-old. In addition to physical damages, mental impairment and emotional damage suffered by many victims of life-changing ATV injuries may be severe. Similarly, TBI victims will require a lifetime of chronic care, together with extensive rehabilitation and the use of expensive assistive technologies, including augmentative and alternative communication devices.

ATV Safety Tips

To reduce your risk of injury, follow these safety tips:
• Always wear an approved helmet, appropriate footwear and other protective gear when driving an ATV.
• Do not allow ATV drivers to carry passengers.
• Ensure that all ATV drivers read and understand the vehicle’s operating manual, including any limitations associated with the ATV and the terrain where it will be used.
• Check local and state regulations governing ATV use.
• Make sure that all ATV drivers and riders get safety training and practice experience operating an ATV.
• Never let young children drive an ATV.
• Never drive an ATV under the influence of drugs or alcohol.
• Make sure that you have at least one working communications device with you when you drive or ride an ATV so you can call for help in an emergency.

Get Your ATV Injury Case Evaluated

There are state and federal laws about ATV safety that manufacturers and sellers of ATVs must observe. If you or a loved one has experienced ATV-related injuries, you should first receive medical attention. Then, you may want to have an experienced attorney evaluate the merits of your case. You may be entitled to compensation for expenses and damages caused by your injury.

All-terrain vehicles (ATVs) are off-road, motorized vehicles with bench or bucket seats. Originally, ATVs were used for agricultural purposes and other work-related uses such as border patrol, emergency medical response, law enforcement, and small scale forestry activities among others. However, over the course of several decades, they have become increasingly popular for recreational use. Unfortunately, they are not the safest form of entertainment. Laws pertaining to ATVs vary by state. In Layton, the Department of Highway Safety and Motor Vehicles regulates ATV’s. State law requires that all ATVs operated on public land be titled, all riders under 16 must wear a helmet and eye protection at all times, and the use on ATV’s on paved roads is prohibited.

Fortunately, there are several steps you can take to prevent you or your loved one from being injured in an ATV accident. The CPSC provides the following safety tips for the use of ATVs:

• Do not drive ATV’s on paved roads (ATVs are designed to be used off-roads).
• Do not allow children under 16 to drive or ride an adult ATV.
• Do not drive ATV’s with a passenger or ride as a passenger.
• Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants, and a long-sleeve shirt.
• Take a hands-on safety training course.