Kenneth Carroll: ATV Accident Lawyer Ogden Utah

Ogden is a city and the county seat of Weber County, Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 84,316 in 2014, according to the US Census Bureau. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University. Ogden is a principal city of the Ogden–Clearfield, Utah Metropolitan Statistical Area, which includes all of Weber, Morgan, Davis, and Box Elder counties. The 2010 Census placed the Metro population at 597,159. In 2010, Forbes rated the Ogden-Clearfield MSA as the 6th best place to raise a family. Ogden has had a Sister City relationship to Hof (Germany) since 1954. Originally named Fort Buenaventura, the city of Ogden was the first permanent settlement by people of European descent in the region that is now Utah. It was established by the trapper Miles Goodyear in 1846 about a mile west of where downtown Ogden is currently located.

In November 1847, Fort Buenaventura was purchased by the Mormon settlers for $1,950. The settlement was then called Brownsville, after Captain James Brown, but was later named Ogden for a brigade leader of the Hudson’s Bay Company, Peter Skene Ogden, who had trapped in the Weber Valley a generation earlier. The site of the original Fort Buenaventura is now a Weber County park. Ogden is the closest sizable city to the Golden Spike location at Promontory Summit, Utah, where the First Transcontinental Railroad was joined in 1869. The Defense Depot Ogden Utah operated in Ogden from 1941 to 1997. Some of its 1,128 acres (456 ha) has since been converted into a commercial and industrial park called the Business Depot Ogden. Ogden is located at 41°13′11″N 111°58′16″W / 41.2196°N 111.9712°W (41.2196, −111.9712), at the foot of the Wasatch Mountains. According to the United States Census Bureau, the city has a total area of 26.6 square miles (69.0 km2), all land. Elevations in the city range from about 4,300 to 5,200 feet (1,300 to 1,600 m) above sea level. The Ogden and Weber Rivers, which originate in the mountains to the east, flow through the city and meet at a confluence just west of the city limits. Pine view Dam is located in the Ogden River Canyon 7 miles (11 km) east of Ogden. The reservoir behind the dam provides over 110,000 acre feet (140,000,000 m3) of water storage and water recreation for the area. Prominent mountain peaks near Ogden include Mount Ogden to the east and Ben Lomond to the north.

Ogden experiences a dry summer continental climate (Köppen climate classification). Summers are hot and dry, with highs frequently reaching 95 °F (35 °C), with a few days per year reaching 100 °F (38 °C). Rain is provided in the form of infrequent thunderstorms during summer, usually between mid-July and mid-September during the height of monsoon season. The Pacific storm season usually lasts from about October through May, with precipitation reaching its peak in spring. Snow usually first occurs in late October or early November, with the last occurring sometime in April. Winters are cool and snowy, with highs averaging 37 °F (3 °C) in January. Snowfall averages about 22 inches (0.56 m), with approximately 23.67 inches (601 mm) of precipitation annually. Extremes range from −16 °F (−27 °C), set on January 26, 1949, to 106 °F (41 °C), set on July 14, 2002. As of the census of 2000, there were 77,226 people, 27,384 households, and 18,402 families residing in the city. The population density was 2,899.2 people per square mile (1,119.3/km2). There were 29,763 housing units at an average density of 1,117.4/sq mi (431.4/km2). The racial makeup of the city was 79.01% White, 2.31% African American, 1.20% Native American, 1.43% Asian, 0.17% Pacific Islander, 12.95% from other races, and 2.93% from two or more races. Hispanic or Latino of any race were 23.64% of the population.

There were 27,384 households out of which 35.2% had children under the age of 18 living with them, 48.4% were married couples living together, 13.1% had a female householder with no husband present, and 32.8% were non-families. 26.2% of all households were made up of individuals and 9.6% had someone living alone who was 65 years of age or older. The average household size was 2.73 and the average family size was 3.32. In the city, the population was spread out with 28.8% under the age of 18, 14.6% from 18 to 24, 29.0% from 25 to 44, 16.3% from 45 to 64, and 11.3% who were 65 years of age or older. The median age was 29 years. For every 100 females there were 102.3 males. For every 100 females age 18 and over, there were 100.5 males. The median income for a household in the city was $34,047, and the median income for a family was $38,950. Males had a median income of $29,006 versus $22,132 for females. The per capita income for the city was $16,632. About 12.6% of families and 16.5% of the population were below the poverty line, including 20.2% of those under age 18 and 9.3% of those ages 65 or over. In 2012, the most recent year for which complete statistics are available, the Consumer Product Safety Commission reported that 505 adults and 68 children lost their lives in accidents involving all-terrain vehicles (ATVs). Thousands more suffered debilitating injuries, making ATV accidents a common source of personal injury litigation.

ATV Accident Attorney

ATVs are designed to be used on many different types of terrain. They are typically made for a single rider, with a seat and handlebars mounted on low pressure tires. Most ATVs have four wheels, but three- and six-wheel models are also available. ATVs can weigh up to 1,000 pounds and reach speeds of up to 45 miles per hour. ATVs are most often thought of as recreational vehicles, but they are also used heavily in farm settings to tend to livestock, haul supplies, and inspect property boundaries. Utah law allows ATVs and other off-road vehicles on the shoulders of public roads or highways, except interstate highways, from 30 minutes after sunrise to 30 minutes before sunset, with incidental crossing of public roads or highways as needed.

Causes of ATV Accidents

Some of the most common causes of ATV accidents include:
• Driving on a paved surface when ATVs are intended for off-road use
• Carrying passengers when the vehicle is intended for a single rider
• Driver inexperience
• Driver intoxication
• Trying to perform stunts or other dangerous maneuvers
• Allowing children to ride unsupervised

Types of Injuries

In an ATV accident, the vehicle typically flips or rolls. This can result in the rider being pinned beneath it. Injuries from an ATV accident can result in permanent disability or death. Common examples of ATV injuries include:
• Lacerations
• Sprains and strains
• Broken bones
• Whiplash
• Spinal injury
• Back injury
• Traumatic brain injury
• Internal organ damage or bleeding
• Nerve damage
• Amputation

Liability for Injuries

There are many different circumstances that can affect who is liable for injuries suffered in an ATV accident. Potentially responsible parties include:

• ATV rental agency
• Friend or family member who owned the ATV the victim was riding
• Owner of the property where the accident occurred
• Driver of another vehicle involved in the accident
• Parents of a child who causes an ATV injury due to his age or inexperience
• Manufacturer of the ATV, if a mechanical defect caused the accident
In some cases, more than one party may be liable for the accident. When this happens, each party is responsible for a percentage of the total damages in accordance with the assigned percentage of fault.
Available Compensation
A personal injury claim from an ATV accident can include compensation for:
• Medical expenses, including anticipated future medical needs related to a permanent disability
• Lost wages, including anticipated loss of future earning potential related to a permanent disability
• Pain and suffering, including both physical pain and emotional trauma

A wrongful death claim is a type of personal injury case filled by the surviving family of someone who died in an accident caused by another party’s negligence. A wrongful death claim can include compensation for:
• Medical expenses up to the time of death
• Funeral and burial costs
• Lost future earnings
• Pain and suffering of the deceased, if the death was not immediate
• The family’s loss of the companionship of the deceased

Punitive damages can be awarded in both personal injury and wrongful death claims, but only in cases of especially egregious misconduct such as causing an accident while severely intoxicated. Punitive damages aren’t intended to compensate for a specific loss but, rather, to serve as a deterrent for future bad behavior on the part of the defendant.

The Value of Legal Representation

Since ATV accidents can involve serious injuries and multiple potential defendants, seeking the assistance of an experienced personal injury attorney is strongly recommended. A skilled attorney can help determine financial responsibility for the accident, assess the value of the case, gather necessary evidence, contact applicable expert witnesses, and negotiate with the insurance company on your behalf. Personal injury claims are accepted on a contingency fee basis, which means the attorney is paid a portion of the settlement as the fee for his services. This allows you to obtain quality representation with no upfront expense. If you or a family member has been injured in an ATV accident you need to speak with an experienced personal injury attorney as soon as possible.

What Benefits Can An ATV Accident Lawsuit Bring Me?

An ATV accident can bring financial compensation for damages, including medical expenses, lost wages, and property damage. In states with no-fault insurance laws, the help of a personal injury lawyer is necessary to maximize your chances of receiving fair compensation. If responsible parties are correctly identified, an ATV accident lawsuit can bring monetary compensation that covers different damages sustained by victims. You may receive compensation for damages including but not limited to:
• Medical expenses
• Lost wages
• Lost earning ability
• Emotional and physical sufferings
The monetary compensation that you are entitled to is determined by insurance companies and juries, which usually use predetermined formulas. Some states, such as have no-fault insurance laws, which are intended to minimize claims arising from less significant accidents, as well as encourage prompt compensation for medical expenses and lost income. However, these laws can sometimes prevent victims from receiving other types of compensation. In the last decade, there has been a substantial increase in the number of ATV owners in Ogden. However, this popular recreational activity is not without its risks; in fact, over 100,000 Americans are injured in accidents involving ATVs each year. Whether they are used for farm work or off-road recreation, accidents involving these types of vehicles send countless people to the emergency room each year with serious injuries. State and federal laws must be observed by sellers and manufacturers of ATVs to ensure user safety. Any failure to do so may entitle the victim of an ATV accident to compensation for their injuries. If you have been hurt in an ATV accident in Ogden, it would be in your best interest to contact a lawyer who has experience with these cases.
Who Can Be Held Liable for an ATV Accident?
Depending on the nature of your ATV accident, one of several parties could be responsible for your injuries and damages, including:
• An ATV operator
• A motorist
• The vehicle’s owner
• A minor operator’s parents
• The vehicle manufacturer
• A property owner
There are many factors and circumstances that need to be considered before you file a claim. For example, if you are involved in a single or multi-vehicle collision, you can file a claim against any negligent party. Alternatively, if trail conditions caused you to crash, you may be able to file a claim against the state or a neglectful property owner. However, if you were injured on private property, you will most likely be filing a claim against the property owner’s homeowners’ insurance policy. If this policy does not cover ATV accidents, you may need to file a civil claim in order to recover damages. Of course, the defendant’s insurance provider may try to dispute your claim to mitigate their financial losses, so it is critical that you retain aggressive legal representation as soon as possible.

The Risks And Dangers of ATV Accidents

The most common types of ATV accidents involve flipping or rolling. ATVs are less stable than other kinds of motor vehicles, and are not meant to be driven on regular pavement, making them particularly dangerous.
ATV accidents can result in a wide range of injuries:
• Permanent concussions
• Spinal cord injuries
• Neck and back injuries
• Dislocations and fractures
• Abdominal and chest injuries
• Partial or complete paralysis
• Traumatic brain injury (TBI)
• Second or third-degree burns
• Permanent nerve damage

TBI can occur as a result of the head hitting an object or the road, or when an object pierces the skull and enters into the brain tissue. Over half of the people with TBIs will have to undergo surgery to repair or remove hematomas or contusions, and depending on the severity, the injury can result in a coma or permanent vegetative state.

Pursuing Damages After an ATV Accident

Accident survivors often sustain life-changing injuries that necessitate emergency medical assistance, costly surgeries, and long-term rehabilitation services. Most people cannot afford these medical bills without going into debt, especially when their respective conditions prevent them from holding gainful employment. Fortunately, an accident survivor may have grounds to file a claim and pursue compensation that alleviates their injury-related debts and financial burdens. When you contact a Lawyer, He can review the circumstances of your case, determine the negligent parties, and help you file an effective claim and at the same time, you may be able to recover damages that account for your existing and projected medical expenses, pain and suffering, loss of earning capacity, and more. Medical treatment for ATV-related injuries can be costly and may involve rehabilitative therapy. In many cases, these injuries can affect the rest of a victim’s life. If you have suffered a life-changing injury as a result of an ATV accident, do not hesitate to contact a lawyer around you. With over 1,000 satisfied clients and our contingency fee policy, you can trust that we will explore every possible avenue available to bring your case a satisfactory outcome.

For legislation purposes, an “off-road vehicle” is considered to be:
• Dune buggies.
• All-terrain vehicles with steering handlebars and a seat that are designed to be straddled by a driver.
• Vehicles designed for utility applications or uses on all terrains that have 4 or more wheels and a seat that is not designed to be straddled by the driver.

Should your ATV have its own insurance policy?

The laws surrounding who can drive off-road vehicles are clearly laid out in the Act. Children are permitted to drive off-road vehicles, with certain conditions. Children under the age of 12 can drive an off-road vehicle if they are on the land owned by the owner of the vehicle, and under the close supervision of an adult. This means that no child under the age of 12 can drive an off-road vehicle off the property of the owner of the off-road vehicle. Children under the age of 16 can drive an off-road vehicle off of private property with a valid G2 or M2 license. All off-road vehicles must have license plates, and drivers must have an issued permit, by the Ministry of Transportation. Off-road vehicles may not be driven on highways, unless the driver has a valid driver’s license. All off-road vehicles must also be insured by a valid insurance policy. Like when you are driving a car, evidence of insurance and ownership must be made available when using the vehicle. Failure to provide proof of insurance or ownership may result in a warning, fine or order to produce within a certain time frame. The only time this is not required is when the vehicle is being driven on private property owned or operated by the owner of the off-road vehicle.

Basic rules for off-road vehicles
• drivers must observe a speed lower than posted limits.
• Passengers are not permitted.
• Are allowed to tow trailers.
• Must not have obstructed views.
• Never drive an off-road vehicle while impaired by alcohol or drugs.
• Must wear a helmet

Ogden Utah ATV Accident Attorney Free Consultation

When you need legal help for an ATV accident in Ogden Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.