Kenneth Carroll: ATV Accident Lawyer Spanish Fork Utah

Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians. In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork.

The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir.

Water was first received through the tunnel on 27 June 1915. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950. All-terrain vehicles, also known as ATVs and quad-bikes, are fun recreational vehicles, but require an extra measure of care due to their nature. Much like motorcycles, ATVs are open to external hazards, leaving riders unprotected from the elements and external forces. Riders should wear safety equipment at all times while operating an ATV. Furthermore, Pennsylvania has specific laws for ATVs, which require all riders to wear helmets while operating these vehicles. We have the experience to get you or your loved one the compensation you need to make a full and lasting recovery.

Dangers of ATVs

ATV riders also face other risks due to the nature of these vehicles. ATVs are smaller, lighter and usually more maneuverable than other passenger cars. These qualities may encourage riders to engage in unsafe actions, such as speeding, sharp turns, or stunts. Riders injured in ATV accidents often hit the ground hard, resulting in broken bones, traumatic brain injuries, spinal cord injuries, impact wounds and internal damage from blunt force trauma. Riders also may become pinned by a flipped ATV, resulting in serious crushing injuries. Spanish Fork operates under a comparative negligence law, meaning you can collect compensation for injuries even if you are partially at fault for an accident. ATV accidents and collisions involving other recreational vehicles operate under the concept of fault. The court will examine the evidence of the case, including police reports, medical reports, expert witness testimony (if necessary), eyewitness testimony, and any other pertinent information to assess who is to blame for the accident. The comparative negligence law of Spanish Fork means you can still collect compensation even if the court finds you partially at fault for the accident. If you are 10 percent at fault for the collision, the judge will reduce your compensation by 10 percent. Your ATV accident lawyer will help you navigate the details of your case. In any personal injury case, you can potentially receive monetary compensation for the damages and injuries you suffer due to another person or party’s negligence. We define negligence as violating the duty to act with the reasonable care that one would expect of parties in a given situation. When a person or entity breaches this duty of care and injures another party, the court can hold that party legally liable for the resulting injuries and assess damages. ATV accidents often result in traumatic brain injuries. Injuries to the brain can have a wide array of effects, depending on severity. A slight brain injury may result in a mild concussion, which can cause headaches, nausea, dizziness, mood swings as well as a heightened susceptibility to future concussions. Severe brain injuries can leave the victim permanently disabled. Some ATV accidents may be fatal, in which case your family may file a wrongful death claim if it feels another party caused your loved one’s death. Consulting a lawyer is the best option if someone you love has been involved in a fatal ATV accident.

ATV ACCIDENTS

Although All-Terrain Vehicles (ATV) were originally designed for work on farms and ranches, ATV accidents frequently involve people who use the vehicles for recreation. Despite the name All-Terrain Vehicle, however, most ATVs are not designed for all terrains, because certain terrains increase the possibility of an ATV rollover. Even though ATVs are smaller than automobiles, an ATV crash can be just as devastating, causing permanent injury and even death. Although accidents happen in any vehicle, ATV design defects have been linked to serious personal injuries, including crushed limbs, neck and back injuries and even death. Some ATV rollover accidents are caused by unstable design. Other problems that could cause an ATV rollover include turning too quickly, hitting a bump or hole, allowing the ATV to roll backwards down a hill (due to lack of speed to get up the hill), driving too quickly for the terrain and riding on a paved road. Furthermore, due to their top-heavy nature, ATVs are not actually ideal for use on rough or uneven ground.

ATV ACCIDENT STATISTICS

According to the Consumer Product Safety Commission (CPSC), there were 699 reported deaths and an estimated 150,900 emergency room treated injuries in 2007 linked to ATV use. The CPSC notes that in 2007, 124 of the reported deaths and 40,000 of the emergency room visits involved children under the age of 16 (information found online at atvsafety.gov/stats). In fact, between 2000 and 2007, there were no fewer than 100,000 emergency room visits and 450 deaths each year linked to ATV use. Furthermore, each year approximately one-third of ATV-related deaths and injuries involve children. A main issue with ATVs is that they are top heavy and provide little protection for riders in the case of an accident. Making the situation worse is that they are heavy and difficult for children and adolescents to control. Despite that, many children are allowed to ride on adult ATVs, putting them at risk of a serious injury. According to the National Safety Council (NSC), children under the age of 16 should not operate an ATV with an engine size of greater than 90cc.

ATV LAWSUITS

In March, 2010, a wrongful death lawsuit was filed against Yamaha, alleging that the Yamaha Rhino is dangerously unstable and contains design flaws that increase the likelihood of fatal injuries to occupants in the event of an accident. The lawsuit was filed by the families of two 11-year-old girls who died when the Yamaha Rhino they were riding veered off the roadway and overturned. One girl died at the scene while the other died in hospital a short time later. A lawsuit filed in June, 2009, alleges the Yamaha Rhino was defective and unfit for its intended use. After an accident, your recovery is a top priority. Your financial obligations, however, will continue to pile up. Bills and other every day expenses can add additional stress to an overwhelming financial hardship. Filing a personal injury lawsuit can help you pay for these costs and compensate you for your pain and suffering. Most insurance companies cover ATVs under their motorcycle insurance policies. The process for gathering an online quote for an ATV is identical to that of a motorcycle (or moped or scooter). The only difference is a shopper enters vehicle information for an ATV, instead of a motorcycle. Here are coverage typically included in ATV and side-by-side insurance policies and those that are optional for purchase. Bodily Injury Liability this coverage pays for damages associated with any other parties injured or killed in an accident associated with your ATV or off-road vehicle. It will also cover any legal fees resulting from any litigation against the policyholder. In both circumstances, this part of ATV insurance will cover up to the claim limits of the policy. The limits of bodily injury liability are typically an amount per person and a total amount per accident, regardless of the number involved.

To avoid injuries and liability claims related to an ATV, there are a number of things owners can do. Keep your ATV garaged or secured so that only those with permission and supervision can ride it. Even if someone does not have permission to ride an ATV, an ATV owner might be found liable for their injuries suffered while riding it. Property Damage Liability coverage is similar to bodily injury liability, except it pays for the cost of any damage an ATV driver might cause to another person’s property. This includes personal property (such as any belongings) as well as their home or yard. Property damage liability also has a claim limit per damage incident. The limits are typically as much or lower than the per-person limit of the ATV policy’s bodily injury liability insurance. Medical payments coverage pays for any medical expenses incurred by those riding your ATV. It will cover things like surgeries, X-rays, a hospital stay and even transportation via ambulance. Uninsured/underinsured motorist is the event you or someone riding your ATV is injured by someone else who doesn’t have insurance, or not enough of it, this coverage will pay for your expenses. Ideally, if someone else is at fault for your injury or damages, their insurance company would cover those costs they are responsible for. However, even when insurance is required by law, some individuals might fail to purchase it. Uninsured/underinsured coverage for ATV insurance also has claim limits. Like bodily injury liability, uninsured and underinsured motorist coverage has limits per individual and per accident. Collision is the coverage pays to repair any damages to your ATV caused by a collision with another vehicle or if it overturns. Policyholders choose a deductible the amount they pay before their insurer begins to cover costs and the insurance company will cover up to the value of the ATV. To keep premiums low, an owner of an ATV with a low value might choose to forgo this coverage, so you may want to determine how much your ATV is worth before adding it to a policy. Collision coverage is often required of owners who financed the purchase of their ATV or are leasing it. Comprehensive coverage pays for damages to an ATV that is not caused by a collision with another vehicle. It also covers losses due to theft, vandalism, flooding, earthquakes, fires and other causes. Like collision, comprehensive coverage has a deductible. For example, if someone steals your ATV, you could file a comprehensive claim and your insurer would pay up to the cash value to replace it.

ATV Insurance Cost

ATV insurance is usually cheaper than motorcycle insurance, even though ATVs are covered under motorcycle insurance policies offered by a number of companies. There could be a number of reasons for this, but the most likely are related to ATV use. Most motorcycle and ATV accidents are single-vehicle incidents, so injuries stem from inherent dangers of motorcycles and ATVS, not other vehicles on a road or path. Taking that into consideration, people generally spend less time and drive fewer miles on ATVs than motorcycles, resulting in fewer accidents and claims. ATVs typically can’t travel as fast and don’t have as high a top speed as most motorcycles, either. The sample ATV we gathered quotes for was a 2015 Yamaha Banshee. You’ll notice the cost of basic bodily injury and personal property liability insurance is relatively inexpensive ($99), as well as medical payments and uninsured/underinsured motorist coverage. Adding collision and comprehensive cover ages increased the cost of an ATV or UTV insurance policy by hundreds of dollars. Comprehensive coverage likely increases the cost significantly because ATVs, like motorcycles, are highly sought after by thieves and are generally easier to steal than a car or boat. For comparison, the average cost of motorcycle insurance in the U.S. is $519 for a typical policy. In order to get the best ATV or UTV insurance rate, we recommend comparing quotes from at least three insurers before purchasing a policy. ATV insurance companies evaluate the risk of riders and vehicles differently, so depending on where you live and your driving history, you may receive a much better rate with one insurer than another. Aside from GEICO, certain national insurers, such as Progressive and State Farm, also offer tailored ATV and off-road vehicle insurance policies.

ATV Insurance Discounts

Like insurance for motorcycles and other vehicles, ATV insurance has discounts available for some policyholders. Most carriers offer lower quotes for ATV insurance if an owner has more than one ATV or motorcycle, has multiple insurance policies (such as homeowners or renters insurance), or if an ATV has an anti-theft device installed. Some companies, such as GEICO, advertise online that their ATV insurance includes discounts for “mature riders,” or those who are a certain age or older. This isn’t really a discount all insurance companies use age as a factor to determine the price of a policy. No matter the ATV or UTV insurance company, younger vehicle owners are considered a higher risk, so they generally receive higher quotes. ATV insurance is not required on private property where someone has permission to ride. For example, an ATV owner does not need liability or any other coverage to legally operate their vehicle on land they own or lease. Having said that, ATV riders should still consider purchasing a policy to protect themselves and others. If you’re involved in an ATV accident and have no insurance, you’ll be held financially responsible for damages you cause, as well as costs related your own injuries and damages to your off-road vehicle.

Generally, homeowners insurance will not cover your ATV or UTV if it’s damaged in an accident, as your property coverage doesn’t extend to vehicles. The only motorized vehicle that might be covered by a homeowner’s insurance policy would be something like a small electric scooter. However, even a small electric scooter may be excluded from coverage if it were driven off a homeowner’s property. Any other vehicle, such as your car, boat or an ATV, requires its own separate insurance policy. But your homeowner’s liability insurance may cover an ATV accident if another party was injured or had their property damaged. For example, if a friend was riding a UTV on your property, injured them and sued you for damages, your homeowners liability insurance would typically cover the incident. Just keep in mind that some homeowner’s policies have limitations on their coverage, and riders may have to be a certain age or related, so it’s good to get an ATV insurance policy if you’re concerned about a gap.

Spanish Fork Utah ATV Accident Attorney Free Consultation

If you or a loved one has been injured in a ATV Accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.