One of the ways that many people in Idaho Falls enjoy the outdoors is through the use of ATVs and UTVs. These machines allow the user an opportunity to get up into the mountains, travel great distances, and enjoy the beautiful scenery. Obviously, there are other reasons that a person might use an ATV or UTV. Farmers and ranchers throughout Bonneville County, Jefferson County, and Clark County use them to aid in farming and ranching activities.
These vehicles are helpful to those who use them appropriately. However, they can be dangerous and cause severe injuries if they are not maintained and used in a responsible fashion. Racine Olson Nye & Budge has been here since the 1940s, and we have witnessed first hand the injuries that can be caused by a UTV or ATV that is not maintained and/or driven in a responsible way. We also know the complexities of such cases because we've resolved them for our clients in the past.
Recovering for Injuries Based on Negligent EntrustmentWhen you retain an attorney to help you in a case where there has been an injury from an ATV or UTV, you should discuss the various theories of recovery that are possible with the attorney. For instance, one often overlooked theory is negligent entrustment. This occurs when the owner of an ATV or UTV negligently allows someone to use it that is either too young, inexperienced, or irresponsible.
The theory of negligent entrustment allows the injured person to hold the owner of the machine liable in addition to the person who actually drove it. In other words, if the owner knew or should have known that the person using it would create an unreasonable risk of harm to others, then the owner can be responsible for the injuries. One of the main things that the court looks at under this type of theory is whether or not the person who loaned the machine had the right to control it. This rule can be helpful to allow an injured person to maximize their recovery and obtain a favorable settlement without having to go through trial.
Negligent use of an ATV or UTVProbably the most common theory in tort law and personal injury is negligence. This is established when a person owes a duty of care to another, he or she breaches that duty, and the breach causes a loss or damage to a third person. Negligence on an ATV or UTV may arise in the way it is being driven or merely the way that it is maintained. For instance, if the vehicle's brakes are not maintained appropriately by the owner, and it is then loaned to a third person who is injured as a result of the faulty brakes, then there is likely a cause of action against the owner for the injuries that followed. Racine Olson has handled just such cases in the past. Due to the size and weight of an ATV and UTV, the injuries have been horrific. They have included broken bones, traumatic brain injury, and the loss of vision. Racine Olson knows how to address these issues and maximize your recovery.
ATV and UTV accidents can be complicated. Racine Olson knows how to retain the appropriate experts, gather the medical records, and study the issues in a way that will help you resolve your case favorably. Give us a call. Problem Solved.