ATV Accident Lawyer Farmington Utah

Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.

The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling.
Am I Liable if someone is injured on My Property?
An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.

Can My Guests Sue Me?

Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests.
Can My Customers Sue Me?
This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers.
Can a Trespasser Sue Me?
Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.

Should I Consult a Lawyer?

Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued.
Liability for ATV Accidents on Private Property
All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death.
A Closer Look at the Potential Risks of ATVs
Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since.
While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including:
• A high center of gravity and narrow wheel base, creating high rollover risk
• High speed capabilities
• Ability to provide ground clearance on uneven terrain
• Minimal rider protection from the elements
• Limited or nonexistent safety features, such as roll bars
According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents.
Preventing Four Wheeler Accidents
Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:”
• Do not drive ATVs on paved [public] roads.
• Do not allow a child under 16 to drive or ride an adult ATV.
• Do not drive ATVs 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-sleeved shirt.
• Take a hands-on safety training course.
State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.

Determining Liability for ATV Accidents

For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories:
• Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others.
• Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects.
• Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe.
It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney.
Finding Legal Representation for an ATV Accident in Farmington, Utah.
Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries.
ATV Accident Statistics
ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.

Common Causes Of ATV Accidents
The most common causes of ATV accidents are:
• Drunk ATV Driving
• Recklessness or Negligence (not driving safely)
• Distracted ATV Driving
• Underage ATV Driving
• Riding on improper roads for ATVs
• Improper ATV training or driving ability
ATV Accident Lawsuits
If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.

Farmington Utah ATV Accident Lawyer

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

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

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Self-Storage Unit Lien Law

Self-storage lease appeared to be so reasonable when you marked the rent. However at this point, past-due notification are piling up, and the storage office is taking steps to sell your effects. Will a self-storage business truly sell your stuff when you fall behind on lease? Indeed, it can. What’s more, except if you make a move, it will. From the day you move your things into self-storage and sign the rent, a lien is set up against those things, lawyer who works in self-storage matters. That lien gives the storage office a chance to pitch your unit’s substance to recover what it’s owed on the off chance that you don’t pay the lease. The office can’t hold a sale immediately, however.

Each state has diverse self-storage lien laws set up yet most pursue a comparative timetable.

Your rent characterizes the purpose of default, which commonly is somewhere in the range of 5 and 30 days after lease is expected. When you default, a self-storage administrator can deny access to your storage unit. “Following five days, the entryway naturally bolts out, so we make telephone calls by then,” said Jennifer Bloomer, chief of National Storage Centers in Southfield, MI. You can recapture access by paying the past-due sum. Self-storage offices normally mail in any event one letter indicating the past-due sum, expenses and planned closeout date. Numerous states additionally permit email warning, since inhabitants progressing may not get snail mail. Regardless of where an occupant is, they can ordinarily be come to through email. Most laws require open notice to be “prominent.” Auction notification may be distributed twice in the neighborhood paper, posted close to the self-storage office. The time length among default and the time your stuff is sold shifts by state, running from 30 to 90 days. You can generally pay what you owe until the day of closeout to stop the deal, anyway once the sale is finished, you can’t get sold things back. Deal continues go toward your storage obligation, and self-storage organizations for the most part tell inhabitants of any remaining cash. The occupant at that point can guarantee that cash inside a predetermined time, extending from months to years. Unclaimed continues for the most part are gone over to a state or area office.

Pay Up; the best methodology is to pay the past-due sum to stop a deal and be set up to move out promptly to abstain from proceeding with charges. Try not to disregard letters and telephone calls and after that call the day of the sale to arrange. By then, our options are limited.

Be an educated shopper; A few states let inhabitants restrict a lien deal in little cases court. This won’t stop the deal yet can postpone the procedure for a month or two. Make certain to look at your state’s lien laws. Petition for financial protection. This will defer the closeout, yet the liquidation court still will sell your things in the end.

The bartering is a self-storage proprietor’s cure after all other options have run out. The lien itself won’t be accounted for to a credit office, yet any inadequacy will. In the event that the inhabitant owed $500, and the deal recovers $200, the $300 parity is commonly answered to acknowledge detailing offices as an unpaid obligation.

There are currently 48 states (in addition to the District of Columbia) with self-storage lien laws that qualifies the storage administrator for sell an inhabitant’s products at an open deal when lease isn’t paid. In any case, a self-storage lien abandonment deal ought to dependably be viewed as the cure after all other options have run out. Beside the uneasiness that most self-storage administrators have with selling their occupants’ put away property, there is a genuine lawful hazard when finishing the abandonment procedure. Since the sale deal is ordinarily a self-help cure, requiring no endorsement by the courts and no “fair treatment” security for inhabitants, weight is on administrators to pursue the deal methodology without mistake. Likewise, each progression of the dispossession course of events found in most self-storage lien laws must be taken care of with accuracy. A troubled occupant whose property has been sold may guarantee the deal was led inappropriately regardless of whether everything is done splendidly.

In this way, it has dependably been a fitting choice to achieve a goals with an occupant shy of finishing a lien deal. It is similarly significant that administrators see how to “close the arrangement” when achieving settlements with their occupants. Here are some potential answers for maintaining a strategic distance from a lien deal when managing an occupant in default:

• Administrator concurs that in lieu of installment an occupant can recover property and move out right away.

• Administrator consents to acknowledge an incomplete installment to stop the deal, enabling the inhabitant to move out before the deal date.

• Administrator consents to enable the inhabitant to move out, in thought for a consent to pay later.

• Administrator consents to acknowledge the “surrender” of the property in the unit in lieu of the installment of the obligation.
• Obviously, there are numerous approaches to determine an occupant default so as to keep away from a deal. The potential outcomes all rely upon the ability of the administrator who is owed the unpaid lease.
These understandings must be recorded as a hard copy and incorporate a “consider the possibility that” arrangement tending to what befalls the occupant’s property if the inhabitant does not move out as concurred. At the end of the day, in case you will arrange an arrangement that incorporates the occupant moving out, you have to think about how you will manage the inhabitant who does not hold up his finish of the deal.

The Utah Self Storage Association, together with the national Self Storage Association, is taking a shot at various issues to secure and improve your administrative field. In 2013, the UTSSA effectively refreshed a few lien law arrangements, giving consistency statues in different states. The genuinely new law (SB 182) wound up successful on March 23, 2013, the updates to the present law are recorded underneath:

• Licenses lien notification to be sent by either checked mail (any strategy for mailing that gives proof of mailing) or electronic mail. Email must be sent by a strategy that gives a receipt of conveyance.
• Grants the towing of vehicles, vessels and trailers when lease is at least 60 days past due. The towing must be directed by a safeguarded towing organization. Proprietor must send notice giving contact data of towing organization inside one day of towing the property. Proprietor will have no obligation for loss of or harm to vehicle, vessel or trailer once it is towed.
• Changed the prerequisite to distribute two notification in a paper of general dissemination; presently you should distribute just once.
• In the event that a rental understanding states a greatest, total estimation of the individual property that might be put away at the tenant’s storage space, the inhabitant may not declare that the estimation of the individual property really put away at the tenant’s storage space surpasses the most extreme sum expressed in the rental understanding.
In the state of the Utah, the proprietor of a self-storage unit can sell an occupant’s property that is put away there to pay extraordinary lease or different sums owed by the inhabitant. The following is a progressively nitty gritty clarification of how this procedure functions.

Self-storage units are utilized to store individual property, which is basically property that isn’t land or associated with land. This incorporates things, for example, autos, vessels, furniture, collectibles, reports, gear, gadgets, toys, and so on. Utah resolutions clarify that when an inhabitant places individual property in a self-storage unit, this demonstration alone naturally gives the proprietor of the unit a lien on the property. A lien is basically the privilege to pitch property to fulfill an obligation or commitment. For instance, when a bank broadens an automobile credit, it gets a lien on the vehicle, giving it the privilege to repossess and pitch the vehicle to recoup the sum owed if the borrower doesn’t make every one of the installments. In the self-storage setting, proprietors of self-storage units in Utah naturally have a lien on the property put away there, and if the occupant does not pay lease or different charges, the proprietors can sell the inhabitant’s property.

The way that a self-storage office in the state of the Utah has a programmed lien on property put away there does not imply that the proprietor can sell the property in any capacity it wishes. Or maybe, a proprietor of a self-storage unit must pursue certain means before selling an inhabitant’s property. These means secure the occupant, his property, outsiders, and even the proprietor of the office. To begin with, the proprietor must incorporate into the rental concurrence with the inhabitant—in addition to other things—an announcement clarifying that the proprietor has the privilege to sell the property put away at the office if the occupant ruptures the rental understanding. The proprietor likewise should look for outsiders who may have an enthusiasm for the put away close to home property (for example a manage an account with a lien on a vehicle or pontoon), and it should then give these outsiders composed notice of the proprietor’s arrangement to sell the put away property. The proprietor additionally should offer the inhabitant see and a chance to pay the extraordinary sums owed before the deal, and if the proprietors pays up, the deal is dropped, and proprietor must restore the property to the occupant. Before the deal can happen, the proprietor should likewise distribute notice of the deal date and other data in a paper in the area where the self-storage office is found. On the off chance that the property isn’t sold as such, the inhabitant may have a legitimate case against the proprietor.

In the wake of going through the motions, the proprietor can sell the property by closeout at a spot close where the property is being put away, or it can sell the property on the web. The returns of the deal are utilized to fulfill the proprietor’s lien (which is the sum it is owed). In the event that the closeout of the property completely fulfills the obligation to the proprietor, any abundance cash from the deal goes to the inhabitant or an outsider lienholder (for example a bank). Purchasers of self-storage property sold at closeout ought to be cautious. On the off chance that the purchaser thinks about a prior lien (for example a bank lien on a put away vehicle), the purchaser buys the property subject to that lien, so he chances that the property will later be repossessed by the first lien holder and sold to another person. Then again, a purchaser who doesn’t think about a pre-leaving lien by and large buys the property liberated of any such lien.

It might be that a proprietor of a self-storage unit does not need the obligation (and the risk) of managing a vehicle of an occupant who owes cash. If so, and if the proprietor decides not to sell the vehicle, Utah’s self-storage lien rules enables the proprietor to have a towing organization remove the vehicle. In the wake of giving the correct notice to the inhabitant, the proprietor isn’t obligated for any harm to the vehicle after the towing organization expels the vehicle from the storage unit.

Self-storage lawful issues in Utah trigger an extraordinary arrangement of laws. There are different necessities not talked about over that any self-storage office proprietor ought to know about when directing its business and upholding its lien rights. Additionally, there are numerous barriers that an occupant can raise if the proprietor endeavors to sell property inappropriately. On the off chance that you have any inquiries with respect to liens on property put away at a self-storage office in Utah.

Utah Self Storage Lawyer Free Consultation

When You Need Legal Help With Self Storage Law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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ATV Accident Lawyer Orem Utah

The City of Orem was organized in 1919 and named after Walter C. Orem, President of the Salt Lake and Utah Railroad. Orem is now the commercial and technological center for Central Utah and is one of the fastest-growing metropolitan areas in the United States. Housing, educational, and employment opportunities continue to be in high demand as Orem’s population approaches 91,000 residents. The City of Orem is located on the eastern shore of Utah Lake and extends on the east to Provo and the foothills of Mount Timpanogos. It shares the general location with Provo, and its history is closely related to that of Provo.

Its recent explosive development and growth have resulted in Orem’s population exceeding 67,000 people, according to 1990 census figures. Prior to its incorporation, Orem was known as the “Provo bench,” and its fertile orchards and farmlands added to Provo’s early reputation as the “Garden City of Utah.” Orem was incorporated in 1919 because residents recognized the need to develop a water system for the area. Orem has little naturally occurring water, and local residents believed that Provo was unlikely to provide the public financing necessary to construct a water system. One of the first acts of the new town was to issue $110,000 in bonds to construct the water system, which solved the area’s long-standing shortage of water. The new town took its name from Walter Orem, the owner of the interurban railroad that ran between Salt Lake City and Provo, in an apparent attempt to curry the favor and attract the investments of this prosperous resident of Salt Lake City. Unlike many Utah towns and cities, Orem was not laid out in regular city blocks with houses clustered closely together. Instead, Orem’s origins are in homesteads settled along the territorial highway (now State Street) and along other substantial arteries where area farmers built their homes and to live near their fields and orchards. As prime farmland along primary roads was taken, farms sprang up in other parts of the “bench” that is now Orem, and rural roads soon crisscrossed the area connecting the farms. This type of development, known in Utah as the “Gentile manner,” differed from typical historical development by members of the Church of Jesus Christ of Latter-day Saints, who were often counseled by church leaders to live in the city and cultivate farmland outside its limits.

One of the cohesive influences in Orem has been the Sharon Community Educational and Recreational Association, better known as SCERA. SCERA was created in 1933 under the guidance of Arthur V. Watkins, then president of the LDS Sharon Stake and later a United States Senator from Utah, as a substantial community effort at “planned and organized recreation.” SCERA has fulfilled much of its anticipated role in the city since its birth in the depths of the Great Depression.
The first major evolution of Orem began in the early 1940s when the Geneva Steel Works was constructed by the federal government as an inland producer of steel. Built along the eastern shore of Utah Lake, Geneva has provided employment to many local residents, either directly or indirectly. In recent times, Geneva has spawned controversy because of increasing concerns over environmental damage caused by the plant and related concerns about lost employment which would be caused by the shutdown of the plant. USX Corporation, the former owner of Geneva, ceased active production of steel at the plant for a brief period in the mid-1980s and then sold the plant to a small group of investors who revived operations. (The steel plant has closed since this writing)
The second major change to the landscape of Orem came as many of its farms were converted to shopping centers and malls along State Street and the University Parkway, the intersection of which now probably stands as the focal point of the metropolitan Orem/Provo area. First the University Mall and later other malls attracted business away from downtown Provo, historically the central shopping area of Utah Valley. Little successful central planning has taken place in Orem, and it is as much without a central core now as it was when it was known as the Provo bench. Pockets of commercial and residential development dot the expansive area that is Orem.
The third major evolution of Orem has been caused by the city’s development as a center of computer technology and development. Giant WordPerfect Corporation, founded by a former Brigham Young University professor and one of his graduate students and headquartered in Orem, has provided the impetus for the creation of other computer software companies in the city. A fledgling entertainment industry, begun with the construction of Osmond Studios in northeast Orem, has also helped change the face of Orem.
Many of the past developments in Orem can be seen in the city’s present form. Orem’s proximity to the Wasatch Mountains and Utah Lake make it an all-season center of recreation. Geneva remains a large employer and a center of controversy. Often unchecked commercial development of the city continues. New high tech firms such as WordPerfect now compete with Geneva as the largest private employers in the city. Orem has come a long way from its days as the sleepy unincorporated Provo bench and even from its early days as an incorporated town comprised of scattered farms and orchards. It is now a vital city that must confront the issues that urbanization brings.

The population of Orem is approximately 88,328 (2010). The approximate number of families is 17,965 (1990). The amount of land area in Orem is 46.487 sq. kilometers. The amount of surface water is 0 sq kilometers. Orem is positioned 40.29 degrees north of the equator and 111.69 degrees west of the prime meridian. Orem elevation is 4,770 feet above sea level. The geography for Orem is Orem is at the base of the Wasatch Mountains in the area known as the “mountain land region.” The mountains spread out to the west into rolling hills and flatter areas with Utah Lake a prominent feature. Some mountains of the area rise up to 12,000 feet above sea level. Orem is a city in Utah County, Utah, in the north-central part of the state. It is adjacent to Provo Utah, Lindon Utah, and Vineyard and is about 45 miles (72 km) south of Salt Lake City. Orem is one of the principal cities of the Provo-Orem, Utah Metropolitian Statistical Area, which includes all of Utah and Juab counties. The population was 84,324 at the 2000 census, while the 2010 population was 88,328 making it the sixth-largest city in Utah. Utah Valley University (UVU) is located in Orem. The Orem Owlz of the minor league baseball Pioneer League plays their home games at the college. Orem uses the moniker “Family City USA”. In fact, in 2010 Forbes rated it the 5th best place to raise a family. The climate for Orem is moderate. Snowfall is 10-20 inches in town -with much more snow in the mountains for wonderful skiing. Orem average annual rainfall is 16 inches per year Orem average temperature is (January) 21; (July) 83 degrees F.
If you or someone you love has been injured in an ATV crash and it was somebody else’s fault, you may be able to receive valuable compensation for your loss. Some things can never be replaced, but through the legal process you may be entitled to compensation for medical bills, vehicle repairs, pain and suffering, loss of earning, and future loss of earnings. In the extremely unfortunate event that a death has occurred as a result of the crash, you can file a wrongful death suit.

Things You Need to Do after an ATV Crash

• See a medical professional. Minor injuries can turn into major problems, especially with the neck and back. You will also need documentation of your condition if you proceed with the legal process.
• Get as much information you can about the crash. Top items include the names, numbers, and addresses of all the people involved, including witnesses; the most precise location of the crash; information about the ATV, including the make and model number, etc. You will also need copies of all the insurance information.
• Do not talk to anyone about your accident other than law enforcement officials. Anything you say to insurance company representatives or investigators could make it harder for you to settle your claim. It is also a good idea not to sign anything, particularly some kind of release form, without talking to an attorney first. This is just a smart way for you to protect yourself.

• Keep in mind that you have a limited amount of time to file a lawsuit. There is usually a statute of limitations, or a legal deadline, for filing a lawsuit when it comes to ATV accidents. If your claim is not brought within that time, it may be barred regardless of its merits. It is best to not wait until the legal deadline to file a lawsuit.
• Consult a lawyer. You probably have a lot to handle right now. A competent lawyer can make sure everything gets done right. A lawyer can also make things a lot easier for you by negotiating with insurance companies and guiding you through the legal process.
Crashes Caused by a Defective ATV
Some collisions are caused by manufacturing defects. In legal terms, “manufacturing defects” are flaws in the manufacturing process that result in injuries. “Failure to warn” describes a situation in which a manufacturer knows of a hazard regarding the product and does not warn consumers about it. “Design defects” are errors in the product design that make the vehicle dangerous. People are winning defective product lawsuits against manufacturers. Hundreds of thousands of these products have been recalled since 2000. You may have the right to sue for compensation even if there is not a recall. If there was a recall of your ATV prior to your accident, a lawyers can help determine if the recalled part was the cause of your accident. Insurance companies will take into consideration many different factors when insuring your motorcycle in Utah. One company is not always the best fit for everyone that is why we compare companies for you. These factors include:
• Driving record
• Credit History
• Your Age, Address
• The Type of Motorcycle
• The Number of Drivers

Registering Your ATV
• If you operate or transport an ATV on public lands, roads, or trails, it must be registered as a recreational vehicle.
• To register an ATV, visit any Utah Division of Motor Vehicles (UDMV) office where you will complete a registration application and pay the required registration fee. When you go, take the following documentation with you:
• Proof of ownership, such as a title or bill of sale, and…
• The tax certificate from the county assessor of the county where the OHV is taxed and…
• The current registration card (for renewals).
• ATV registration is valid for one year and expires on the last day of the month when the OHV was registered.
• After receiving the appropriate documents and registration fee, the UDMV will issue two registration stickers and a registration card containing the vehicle number.
• The registration card must be carried on the vehicle and made available for inspection by law enforcement officers.
• Registration stickers must be visibly displayed on the vehicle in the following manner.
• Type I and Type II ATVs: Affix the stickers to the front and rear of the vehicle.
• Motorcycles: Affix the stickers to both sides of the fork.
• If an ATV is used only on a farm or ranch or for other agricultural purposes, it may be registered at a UDMV office as an implement of husbandry.

• The one-time registration fee is $10.00.
• The UDMV will issue an off-highway implement of husbandry sticker. The sticker must be affixed in a visible location on the left side of the vehicle.
• If you also operate the ATV on public property for recreational purposes, the ATV must be registered as a recreational vehicle.
• Dual-sport off-highway motorcycles may be registered as recreational ATVs or as street-legal vehicles. To be street legal, the motorcycle must have the required safety equipment, pass a state safety inspection, and carry proper insurance.
• If your ATV is currently registered and you wish to renew, you may do so online.
• ATV operators who are not residents of Utah must purchase a non-resident permit for each ATV they bring into Utah.
Meeting ATV Helmet Requirements
Each year a majority of the fatal ATV accidents in Orem involve someone not wearing a helmet. Some of these victims could have survived had they been wearing a helmet. A helmet is the most important piece of equipment you can own. DOT-approved ATV or motorcycle helmets are required for all ATV operators and passengers under age 18. Bicycle helmets do not meet this requirement.

ATV Lawyer in Utah Free Consultation

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

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Foreclosure Lawyer Salt Lake City Utah

If you are facing foreclosure, speak to an experienced foreclosure lawyer in Salt Lake City, Utah to know if filing for bankruptcy is an option for you.

The practice of pledging property as security, essential in the acquisition of rights in land and improvements through borrowing, is as old and as ubiquitous as property itself. In its simplest form a pledge is signified by the pawn ticket; in real estate financing it has become elaborate, formal, and rigid.

The most common instrument to pledge an interest in land and improvements is known as a “mortgage.” In its earliest form in Anglo-Saxon communities, the mortgage was a deed, that is, it transferred to the creditor both title and possession or occupancy. This deed, however, contained a defeasance clause which provided that if the debtor faithfully and punctually performed his obligations, the title, possession, and occupancy pledged would revert to him and the entire transfer would be null and void. If the pledge was redeemed, the transaction was dead, and the debtor recovered his rights.

Today, the mortgage is essentially unchanged in form, but its content and effect have been radically modified. Now, as a result of legislation and court decision, any instrument the purpose of which, either expressed or reasonably implied, is to pledge rights in land and improvements as security for the performance of obligations, is a mortgage; and “once a mortgage, always a mortgage.” Even though the defeasance clause be purposely omitted, if the intent of the parties can reasonably be interpreted as that of pledging rights as security, the instrument and its effect are as though the defeasance clause were included.

In addition, the transaction no longer transfers use and occupancy. In effect, after the transaction, the debtor remains in possession the same as before; and the rights of the creditor become enforceable only upon the debtor’s default in meeting the obligations. In other words, the mortgage gives the creditor a lien against the rights of the debtor, enforceable only after default.

Through the years, the rights of the creditor have become further modified. He no longer comes into full possession of the rights of the debtor, even after default. Instead, he has only the right to demand that the pledged property be offered for sale to satisfy the obligation. If at the sale the obligation is satisfied, the creditor has no further interest. Unless he becomes the purchaser at the foreclosure sale, the interest of the creditor in the pledged property becomes extinguished with foreclosure and sale. He may have other recourse on a bond or note which the mortgage secures, but his rights under the mortgage are exhausted.

It must be emphasized that the interest of the creditor in the property pledged by the mortgage can be enforced only in the future; so long as the obligations of the debtor, under the terms of the agreement, are discharged, the latter has possession and use of the pledged property, free of any interference by the creditor, unless the agreement provides otherwise. Because of his interest, however, the creditor does have an equitable right which enables him to prevent dissipation of the pledged property; otherwise, its management remains in the hands of the debtor until he has defaulted.

Within the framework of such general rules of law or equity, so firmly established as accompaniments of the relationship of mortgagor and mortgagee that they cannot be waived even by agreement, the provisions of the mortgage instrument establish and determine the obligations of the debtor. They may also limit or enlarge the powers and privileges of the mortgagee. In general, any provision may be included by agreement which does not forfeit in advance basic rights of the mortgagor. These are protected as a matter of public policy because the debtor is sometimes a necessitous borrower. As such, he is protected against forfeiture in advance of the right to reclaim his pledge and, in most jurisdictions, against the extortion of an unconscionable rate of interest. The term of the loan (the time or times, place, and manner of its repayment), the rate of interest within the maximum, with reasonable penalties for not meeting payments on the due date, or allowances for payments made in advance of their due date, and readjustments or changes in the scheduled payments which may come into effect in certain specified contingencies, these and many other details may be provided for in an agreement embodied in the mortgage instrument.

Within the limitations of law, then, there is ample opportunity for adapting the mortgage instrument to the circumstances peculiar to each transaction. Once executed, its provisions can be changed only by mutual consent, but in its preparation the mortgage instrument is susceptible of great adaptability. Much of its rigidity is the unnecessary result of custom or the routine use of standardized provisions.

Homeownership is heralded for its financial benefits, and indeed, homes are the largest asset of most Americans. But homeownership also comes with burdens. For almost a century, government and private entities have measured the burden of homeownership by relying on ratios of households’ housing costs to their incomes. Government entities have used housing cost ratios for many purposes, including most recently as guideposts for loan modifications aimed at preventing foreclosure. Private sector institutions, including the mortgage industry, have used such ratios to determine whether households are qualified for home mortgage loans and to determine loan amounts.

Housing cost burdens are crucial measures of the financial well-being of Americans. For most families, the cost of housing is their single largest expenditure.1 If households spend a disproportionate share of their incomes on housing, then they may not have enough money for other expenses, such as health care, child care, or transportation, that are essential for a decent standard of living. Homeowners who spend a high fraction of their incomes on mortgage payments and related housing costs also are at a higher risk for default and foreclosure. Because housing consumes a disproportionate share of their incomes, these families have limited budget flexibility to respond to increases in expenses and may be at heightened risk of financial distress.

The U.S. housing market meltdown of the late 2000s—driven quite significantly by mortgage defaults of households with unaffordable loans— sparked much debate about mortgage underwriting standards and the risks of homeownership.

Since 2007, the United States has been in a home foreclosure crisis. Many home mortgages made between 2001 and 2007, either for purchase or refinance, were subprime or nontraditional loans that included features like adjustable interest rates and optional payment amounts. Borrowers may not have fully understood these complex terms and certainly could not manage the escalating payments in an economy of widespread unemployment and declining home prices. Such loans have caused millions of families to lose their American Dream of homeownership, have cost investors billions of dollars, and have pushed the entire economy into a downward spiral. Experts predict that more than half of all subprime mortgages granted after 2000 will end in foreclosure.

Plummeting home values and rising unemployment have spread the pain beyond subprime borrowers. Many prime borrowers with fixed-rate loans now owe more on their mortgages than their homes are worth and cannot afford the ongoing payments.

In their first years, such private and government-sponsored programs have helped very few families, and the modifications offered all too often lead to quick redefaults. For example, the Home Affordable Modification Program (HAMP), launched in March 2009 with $75 billion in incentives to lenders, was intended to bring about the modification of three to four million home mortgages. Eighteen months later, only five hundred thousand mortgages had been permanently modified. Even more discouraging were federal government predictions that 40 percent of those modified mortgages would end in renewed default within five years.

The grim reality is that most seriously delinquent homeowners will lose their homes. The policy emphasis on foreclosure prevention has diverted attention from the epidemic of inevitable home loss and involuntary relocation. Scholars and policymakers know very little about home loss, yet millions of families have already lost their homes and millions more will suffer the same fate. Studying the painful process of involuntary home loss is a vital prerequisite to the development of policies intended to ease the transition out of homeownership and soften the financial and emotional consequences of home loss. Any meaningful reformulation of the American Dream of homeownership has to be sensitive to the fallout from the wave of foreclosures that has swept the nation.

What Bankruptcy Offers Homeowners in Financial Distress

The fear of losing a home is a major driver of families’ decisions to file for bankruptcy. Nine out of ten of these homeowners said that keeping their homes had been “very important” when they filed. Only 5 percent of homeowners resign themselves to home loss at the time of filing for bankruptcy, agreeing in their bankruptcy court documents to surrender their homes to mortgage lenders. The vast majority of homeowners enter bankruptcy wanting to fight to keep their homes, looking for help from the law in staving off foreclosure and becoming current on their mortgage obligations.
Homeowners who are and remain current on house payments through a bankruptcy case will not lose the home to their mortgage lender during the case.

Many debtors who file for bankruptcy, however, are behind on their mortgage payments. By the time they file, some are a few months late and others are on the eve of a foreclosure sale. Homeowners desperate to save their homes often seek refuge in bankruptcy court, but they find only limited relief there. Bankruptcy does not reduce the principal or interest on a home mortgage, absent the unusual situation of a lender consenting to a modification of the loan. If homeowners simply cannot make the ongoing payments after the interest rates on their mortgage loans have risen, bankruptcy law does not rewrite those loans to lower the interest rates or to subsidize mortgage payments.

Bankruptcy does, however, offer some specific provisions to help homeowners who are behind on their mortgages and want to catch up on missed payments. Chapter 7, the most common type of consumer bankruptcy, usually delays a creditor from foreclosing for a few months and permits a debtor to discharge credit card and some other debts, freeing up income that can then be used for house payments. When the debtor is in default, the lender usually will wait three to six months for the bankruptcy case to end and foreclose at that point. The lender’s more expensive option is to ask the court to permit foreclosure before the bankruptcy case ends, which sometimes will be granted. Chapter 7 also protects the debtor from having to pay a deficiency. Foreclosure sales often net far less than the amount due on the mortgage, and in most states, the debtor owes the lender the difference, called a deficiency. Chapter 7’s debt forgiveness would cover that deficiency. Thus, Chapter 7 debtors may lose their homes in bankruptcy, but mortgage lenders normally cannot take other assets or garnish wages to collect a deficiency because bankruptcy discharges that obligation.

Chapter 13, the other common type of consumer bankruptcy, was designed to help debtors keep their homes, but as in Chapter 7, the home mortgage loan cannot be modified. Absent unusual circumstances, the principal of the debt is still owed and interest rates normally cannot be modified. However, Chapter 13 allows debtors to stop a foreclosure and cure a default due to missed payments by repaying the amount in arrears over the next three to five years. Debtors can catch up on these missed payments without creditor consent, but they must get bankruptcy court approval of their repayment plan. To do so, debtors must first persuade the court that they will be able to make each future house payment as it falls due, plus have enough income to cover payments previously missed. Then debtors must make those payments as promised. However, much can go wrong over the three to five years of a Chapter 13 repayment plan. Only one-third of debtors succeed in making all the payments due; most Chapter 13 cases fail within a year or two.\ For homeowners in default, foreclosure likely will soon follow their missed payments and the dismissal of their bankruptcy case. Thus, although bankruptcy has a home-saving purpose, the outcome can sometimes be home loss.

If you are facing foreclosure bankruptcy may be an option but it depends on your specific case. Consult an experienced Salt Lake City Utah foreclosure lawyer.

Salt Lake City Foreclosure Attorney Free Consultation

When You Need Foreclosure Help In Utah, Please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Personal Retirement Accounts And Your Family

There are two primary reasons to record your family in your personal retirement accounts.

First, after your death, you want to make sure that your family has the right to claim any benefits that are due and owing to you from your retirement account. Second, if you become legally incapacitated and can no longer function enough to claim and manage your benefits from your retirement accounts, then you will want to make sure you appoint someone to be in charge, typically a family member.

In order to make any necessary tasks for your family easier, you should always maintain a folder that contains information about any personal retirement accounts, pension plans, Social Security benefits and annuities. By keeping such a folder, you make it that much easier for your family to keep track of your financial affairs.

This article is designed to lay out what happens to your retirement accounts and other benefits after your death, and it provides suggestions for making personal retirement accounts easier for your family to deal with.

Retirement Accounts after Death

In most retirement account plans, there is an option for you to name a beneficiary. The beneficiary is the person that you appoint to receive any benefits left over in your retirement account after your death (it is easiest to appoint a beneficiary of your personal retirement accounts here rather than in your will). If you die with money remaining in your retirement account, the person you named as beneficiary will receive the benefits left over in the account without having to go through probate court.

401(ks) and Pension Plans

For some types of retirement accounts, such as 401(k)s and most pension plans, the law requires that you name your spouse as your beneficiary unless he or she signs a form that gives up this right. For other accounts, such as IRAs and employer profit-sharing retirement plans, you are free to name any beneficiary that you wish. Keep in mind that if you live in a community property state (such as California), your spouse is automatically entitled to half of any money in your retirement account that you earned while married. If you and your spouse do not want to leave all of your retirement accounts to each other, you should research the laws in your state and plan accordingly.

One way that people often avoid probate court for much of their property is to setup a living trust and name the trust as beneficiary for many items. However, many retirement accounts are already exempt from the probate laws so there is no point in naming the trust as the beneficiary. If you do name the trust as the beneficiary of your retirement funds, you may be restricting what your real beneficiaries can do with the money.

Social Security Benefits after Death

Your surviving family members may be eligible to receive your Social Security benefits after your death if they meet certain requirements. Oftentimes, your family members may receive the full retirement amount that you would have received.

In order for your spouse to qualify to receive your Social Security benefits, he or she must be:
• At least 60 years old; or
• At least 50 years old have be disabled; or
• Any age if your spouse is caring for your child that is under the age of 16 years old or is disabled and receiving Social Security benefits.
In order for your children to be eligible to receive your Social Security benefits, they must be unmarried and:

• Less than 18 years old; or
• Between 18 and 19 years old and attending elementary or secondary school full time; or
• Over the age of 18 but severely disabled, with the disability starting before he or she turned 22.

There are other people that can qualify as beneficiaries of your Social Security benefits, like your parents that are dependent on you, your divorced spouse, your grandchildren and your stepchildren.

Get a List of All of Your Personal Retirement Accounts and Benefits
Procrastination can lead to a world of trouble for your family when it comes to your retirement accounts and benefits. Everyone should make a list of all of their accounts and benefits that they have and keep the list in a folder that at least one other person knows the location of. Making the list shouldn’t take long and can save a lot of trouble down the road.
At a bare minimum, you should make a list of all of your retirement accounts and benefits, whether or not you are receiving payments from the account currently. This list should include things like:

• Your employer-sponsored pension or retirement plans;
• IRAs, including traditional, Roth, SIMPLE and SEP-IRAs; and
• Keogh, employer profit-sharing plans, or 401(k)s you set up for being self-employed as a small business owner.
Then, for each account that you have in the list, mark down the following information in an easy to understand format:

• The name of the entity that manages the account (such as a bank or financial manager);
• The number of the account or some other way of identifying it;
• Contact information (phone number, address) of the person in charge of your finances;
• Whether you currently are receiving benefit payments and how much the payments are;
• The beneficiary listed on the account; and
• The location of your financial plan statements.

You should also include your Social Security benefits in this list as well.
Lastly, because financial plans and circumstances often change, be sure to look at this list at least once a year to be sure that it is up to date. If, for example, you start drawing more or less per month from your retirement account, you should indicate this.

Securing and Storing Your Documents and Information

The above list and any additional documents you are going to store together will probably contain some fairly sensitive financial information. Because of this, it is important that you store it in a secure location, like a lockable file cabinet or a fireproof safe. However, after you store it, or while you are doing so, you need to be sure to tell at least one person close to you about your storage place. In addition, if you have named an executor of your will or an agent to oversee the disposition of your property after your death, be sure that he or she will receive this information in a timely manner.

Retirement Attorney Free Consultation

When you need legal help with a retirement lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
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84088 United States
Telephone: (801) 676-5506

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ATV Accident Lawyer Bountiful Utah

Bountiful is a suburb of Salt Lake City with a population of 43,568. Bountiful is in Davis County and is one of the best places to live in Utah. Living in Bountiful offers residents a sparse suburban feel and most residents own their homes. In Bountiful there are a lot of parks. Many families and young professionals live in Bountiful and residents tend to be conservative. The public schools in Bountiful are highly rated.

Can You Sue For An ATV Accident Injury Or Wrongful Death In Bountiful Utah?

Although all-terrain vehicles, also known as ATVs, are often used for fun outings and are popular sport vehicles, they can be quite dangerous and may lead to serious injuries in the event of an accident. Like any personal injury claim, the viability of a case depends on the facts surrounding the accident that caused the injury. Some of the more significant injuries that can result from these types of wrecks include:
• Traumatic brain injuries (TBIs)
• Broken bones
• Burns
• Lacerations and bruises
• Paralysis
• Death
If you were injured in an ATV accident, or if your family member passed away, you may be able to file either a personal injury claim or a wrongful death claim to fight for the compensation you and your family need.

Different Kinds of Damages in ATV Accidents

Injuries from ATV accidents can be severe because, like bicycles or motorcycles, there is hardly any external protection for riders of these vehicles. Just as in a car accident, someone who is at fault for your injuries in an ATV crash can be held responsible for compensating you for your medical bills, lost wages as a result of your injury, the loss of your ability to return to a similar level of employment, and the costs of repairing or replacing any damaged property. Additionally, you can sue for non-economic damages such as your pain and suffering and, in some wrongful death situations, the loss of consortium you experience from being deprived of your spouse. Finally, there are some ATV accidents that may lead to extra compensation known as exemplary damages. Utah Practice and Remedies Code §41.008 allows for this extra compensation in cases in which the at-fault person exhibited extremely negligent behavior. For example, even though an ATV is very different from a car or truck, it is still illegal to operate such a vehicle while intoxicated. If you are injured in an ATV accident in which the driver was drunk driving, the court may decide to punish the at-fault driver for their willful disregard for your safety and the safety of others.

Possible Defendants in ATV Accident Cases

• Drivers: The driver of the at-fault vehicle, be it the ATV you were riding on, another ATV, or a totally different kind of vehicles like a car or truck, can be at fault for your injuries if they are the primary cause of the accident. If they were distracted by texting and driving, for example, they would be held liable. Since the passage of House Bill 62, texting and driving is illegal throughout Texas.
• Manufacturers and Designers: If the ATV accident in which you were injured is the result of a faulty product, the manufacturer or designer of that product can be held liable for your injury. In order for this to be the case, typically you must show the following three facts to be true:
 The product was defective.
 The defect caused your accident and subsequent injuries.
 The ATV was not significantly altered since its sale.
• The Property Owner: In certain cases, the owner of the property where your accident occurred can be held responsible for your injury. Maybe you or your loved one operated the ATV in a reasonably safe manner and encountered some dangerous part of the property of which you were not made aware. As long as you were on the property legally, you may be entitled to compensation.

Compassionate Care from Your ATV Accident Injury Lawyers

A lawyer can never say definitively whether someone does or does not have a good lawsuit without knowing all of the specific facts involved in your individual situation. But generally, the answer to this question is yes. Off-road vehicles and ATVs are very different than cars in many respects. They do not (for the most part) have doors, windows, airbags, regular steering wheels or pedal brakes . . . nor do they operate normally on the roadways running in and around. Thus, they are not treated exactly like cars when it comes to personal injury or wrongful death lawsuits in the courts. However, with all of this said, there are also many similarities. Primarily, the accidents that happen on off-road vehicles or ATVs are caused by some of the same factors as those in regular cars or trucks: driver error, driving while intoxicated, mechanical errors, and much more. Thus, there are some wrecks in these vehicles that can be treated the same legally. The best way to know what type of case you are dealing with, and what legal rights you may have as a result in a court of law, is to speak with an experienced attorney who has dealt with similar cases before. There is very rarely a substitute for knowledge, expertise, and real-world experience. If you or a family member has been injured or even killed in an accident involving an off-road vehicle or ATV and you think that the accident was not your fault, we recommend that you contact an attorney as soon as possible. Your lawyer can guide you along the way of deciding whether you have a case, and if applicable, helping you to file and prosecute it. Most good attorneys will offer you a free, no-obligation consultation in their office as a way for you to decide if they are the right one to handle your case. If you choose to go forward, you will likely have to pay nothing unless you win your case. So really, there is very little risk at all for you to take action.

Settlements, Compensation and Hiring a Personal Injury Lawyer

While all-terrain vehicles (ATVs) are safely used and enjoyed by thousands of Americans each year, they also can be extremely dangerous. Recreational ATV accidents claim more than 700 lives annually and injure another 135,000, according to the Consumer Product Safety Commission (CPSC). About one-third of fatalities and injuries each year are to children under 16 years old. In the workplace, ATV accidents claim the lives of about 11 people a year and injure another 163, according to the Occupational Safety and Health Administration (OSHA). ATV accidents can result in a traumatic brain injury. The most common of these is a closed head injury. ATV accidents can occur for a variety reasons; many are due to negligence on the part of one of the drivers.

Victims harmed because of ATV negligence are entitled to compensation to finance their medical expenses, and to address their pain and suffering. An ATV accident is legally defined as any situation with an ATV that results in property damage, injury and or/death. These accidents are usually caused by the negligence of one of the drivers. Victims of ATV accidents cannot obtain compensation without first proving negligence to an insurance company or court. To prove negligence, victims must show that the ATV accident:

• Caused harm
• Was caused by another party’s carelessness
• Is the fault of that party, who is therefore responsible for compensation
In cases where more than one party is at fault, liability is distributed based on the estimated percentage of fault. In legal terms, this concept is known as comparative negligence.
Compensation can be awarded in order to cover a variety of expenses, including:
• Lost Income
• Lost Prospects
• Medical Expenses
• Physical & Psychological Pain
• Property Repairs
These values are determined by insurance companies and juries, which normally use predetermined formulas. Some states have no-fault insurance laws, which are intended to minimize claims 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. For this reason, many people in no-fault insurance states seek the services of personal injury attorneys. If you have been the victim of an ATV accident, a personal injury attorney can provide you with examples of settlements and court awards related to ATV accidents.

Factors Contributing to ATV Accidents

Many factors contribute to ATV accidents. Most fall into two categories: operator behavior and equipment failure.
• Operator Behavior: Operator behaviors, including those listed below, lead to many ATV accidents.
• Driving without proper training: ATV safety education certificates and a valid driver’s license are required by very few states and then only on ATV-designated public roads. This means that many ATV operators do not have formal training. Lack of training can lead to serious mistakes, especially while crossing rough terrain, climbing steep slopes or traveling on paved roads (ATV tires are not designed for pavement). These mistakes can lead to a collision with another motor vehicle, collisions with stationary objects or other non-motorized objects or a non-collision accident, such as a rollover. If you have been involved in an accident caused by an untrained or inexperienced ATV operator, you may be entitled to compensation.
• Hauling a passenger(s) or load against manufacturer’s recommendations: Many ATVs are not meant to carry a load or additional passengers. Adding a passenger or load increases the vehicle’s weight and hinders the vehicle’s maneuverability, increasing the likelihood of a rollover. Though all ATVs are manufactured with published weight limits, an untrained or inexperienced operator may not realize the dangers associated with an overload.
• Allowing children to operate adult-size ATVs: Most serious ATV accidents involving children happen while they are operating adult-size ATVs. Adult-size ATVs have engine sizes and speed limits that require more strength, ability and experience than most children possess. The ATV industry recommends:
• Engines under 70 cubic centimeters (cc) for children 6 to 12 years of age
• Engines 90 cc and under for children 12 to 16 years of age
• Engines over 90 cc only for ATV operators age 16 and older
ATVs designed for children can be adjusted for maximum speed limits. The following speed limits are recommended by ATV manufacturers:
• Fifteen miles per hour for children ages 6 through 11
• Thirty miles per hour for children over age 12
In addition, the ATV industry recommends that a child be supervised by a responsible adult while operating an ATV. This also is the law in many states. If your child has been injured as a result of operating someone else’s adult-size ATV or operating someone else’s ATV without adult supervision and without your permission, a personal injury attorney can help you determine if your child is eligible for compensation.
• Driving on public roads: ATVs are rarely allowed to operate on public roads because of the possibility of a collision with a motor vehicle. Where ATVs are permitted, ATV equipment requirements may be imposed, including:
 Headlights & taillights
 Brakes
 Muffler
 Spark arrester
Government negligence can be present when an ATV accident happens on a public road. For example, if a road sign warning of an intersection or other hazard is missing, obscured by foliage or faded for an extended length of time, a government entity may be liable. There are specific rules and time limits for filing an ATV accident claim against a government entity. For more information, contact an ATV accident attorney.

 Driving under the influence of alcohol, drugs or medications: In most states, operating an ATV under the influence of alcohol or drugs is a criminal offense and, therefore, prosecuted in a criminal court. However, a civil suit against the alleged drunk driver can be filed and compensation obtained, regardless of the verdict in the criminal case. In some cases, the accused will retain an attorney to fight DUI charges to protect his or her legal rights
 Other dangerous behaviors: Driving on paved roads, driving over terrain that is too rough and /or steep and traveling too fast for the terrain are also common contributing factors leading to ATV accidents.

ATV Equipment Failure

Some ATV accidents and resulting injuries are caused by equipment failure. Common equipment failures leading to an ATV accident and injury involve the following:
 Throttle
 Brakes
 Tires
 Steering mechanisms
 Suspension
 Lighting equipment
A defective helmet also would constitute a design failure. A flaw might be present in the chinstrap, the outer shell of the helmet or the cushioning liner and padding inside the helmet. Helmets that do not meet U.S. Department of Transportation standards should not be worn. Equipment failure often is due to negligence on the part of someone involved in the manufacture or maintenance of an ATV. Victims of defective equipment or poor workmanship are eligible to file personal injury claims and earn compensation. Many well-known class action lawsuits are filed against manufacturers of products with design flaws. Victims can also pursue legal action against technicians or service shops when faulty repairs lead to equipment failure. If you suspect equipment failure or an ATV manufacturing defect contributed to an ATV accident in which you or a loved one were involved, be sure the ATV is preserved so that it can be used as evidence in a trial, if necessary. You should also consider contacting a personal injury attorney to determine your legal rights.

When You Might Need a Personal Injury Attorney

While some ATV accident claims are handled through insurance companies, many victims choose to seek out the services of a personal injury attorney, who can help them reach a settlement with those responsible or file a lawsuit seeking compensation for their suffering. Auto accident attorneys with experience handling ATV accident lawsuits can thoroughly evaluate your case and help file claims against negligent drivers, manufacturers or technicians.
The assistance of an attorney may be necessary if:
 The insurance company refuses to fully compensate you for medical expenses, property damage, lost income, psychological pain and/or lost prospects. This situation is most common in no-fault insurance states.
 You are experiencing prolonged delays in settling the claim.
 Your claim is denied by an insurance company or a government entity.
 The negligent party is not insured.

Bountiful Utah ATV Accident Attorney Free Consultation

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

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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