On April 14, 2010, five girls, ranging in age from 5 to 9 years old, were seriously injured in a single ATV crash. The girls were riding on a private ranch in a rural residential community 40 miles West of Cedar City. Police are investigating into negligence charges against the guardians of the children, the owner of the private ranch, and the owner of the all-terrain vehicle.

What Caused this Tragic ATV Accident?

Iron County Sheriff Mark Gower stated that a 9-year-old was driving the Yamaha Rhino ATV with four other young girls as passengers. None of the young children were wearing helmets or were wearing the available safety belts. The group was traveling at excessive speeds when they hit a tree. 5-year-old, Avalon Carlisle was thrown off the ATV and sustained serious head trauma when she hit the roll bar. She was flown by Life Flight to Primary Children’s Medical Center in Salt Lake City. The other three victims suffered minor injuries.

Who is Responsible for the Children?
There are several major liability issues to be addressed according to the Iron County Sheriff’s office.
• Children too young do be driving an ATV unsupervised
• Too many passengers for a 9-year-old driver
• None of the girls were wearing the required safety helmets or seat belts
• Delayed medical treatment

Liability Still Under Investigation

A major problem in this accident, according to Officer Gower, is that the parents of the injured girls had initially taken the girls to private homes instead of seeking the much needed medical treatment. All five girls were eventually taken to Valley View Medical Center in Cedar City after deputies tracked them down. Medical doctors then had Life Flight transport Avalon Carlisle to Primary Children’s and they admitted another child into the Valley View Medical Center. The other three girls were treated for their injuries at Valley View and are back home.

Iron County Police Department is adamant the young girls should not have been riding on their own. Sheriff Gower stated in a Salt Lake Tribune interview, “It was negligent and charges could be filed against whoever allowed them to continue riding.”

Learn Utah ATV Laws Before You Ride• Children ages 8-15 can only operate an ATV on public lands after completing the Know Before You Can Go safety course
• ATV operators 16 years of age and older must have a valid driver license
• ATV operators under the age of 18 are required to wear helmets
To learn more about Utah law regarding ATV accidents and to complete the safety course click on the following links:

• Utah State Parks
• Utah Accident Books

If you or a family member has been injured in an ATV accident caused by the negligent decisions of another, you are well advised to contact a skilled Utah personal injury attorney. Bodily injury claims quickly become overwhelming with pressure from insurance companies, mounting medical bills and Under Utah ATV laws, passengers of ATV accidents are able to make personal injury claims in accidents such as the tragic ATV accident that occurred last Wednesday in Cedar City.

Contact the Christensen Law Firm at 801.506.0800 to schedule a FREE no obligation consultation with an experienced Utah ATV accident and personal injury attorney. Learn about your legal rights and protections before you make any decisions.

According to the Utah Department of Health, during the summer months of May through August, more Utah children and young adults are hospitalized for ATV injures that were hospitalized for all other forms of intentional injuries (assault, gunshot, stabbing etc.) combined.

As Easter Sunday approaches, we look forward to getting together with friends and family to relish the Spring weather and to take a much needed break from the pressures of school and work. Due to the beautiful and diverse landscape of Utah, the use of all-terrain-vehicles (ATV) and off-highway-vehicles (OHV) is quite popular for Utah residents and tourists. Remember that this high adrenaline sport can be dangerous; however, there are precautions to take that can keep you and your loved ones protected. The skilled Utah personal injury attorneys of the Christensen Law Firm wish you a fun and safe holiday!

Case Study: Teen Injured in ATV Accident

In September 2008, Morgan Olsen was a passenger riding on the back of an ATV when she sustained major injuries after being involved in a Utah ATV accident. Because she was not wearing a helmet, Morgan sustained severe traumatic brain trauma. After being in a coma for a month, Morgan Olsen woke up to find that most of the motor skills controlled by the right side of her brain were obsolete. Over the past two years, Morgan Olsen has been participating in rehabilitation where she is basically relearning all the daily activities we take for granted such as: how to talk, eat, blink, walk and more. Megan currently advocates helmet use for all ATV riders and their passengers.

Did You Know You Can Prevent Traumatic Brain Injuries?

In an interview with KSL News, Christine Lutz, a nurse practitioner who works with Morgan Olsen at Heath South Rehabilitation Center, told KSL news reporters that her facility treats many young people who wouldn’t need rehab if they had worn a helmet when riding their ATV, bicycle or motorcycle. “We think we’re invincible when are young but we are not. Chronic disabilities are in their future and they will struggle [with the disabilities] for the rest of their lives. I really do believe if [Megan Olsen] had a helmet on she would not be in this condition.”

Only 29% of injured persons under the age of 18 were wearing helmets when they were involved in a Utah ATV/OHV accident- Utah Department of Health

What You Should Know about Utah State Laws

Utah OHV Helmet Laws (41-22-10.8)
Protective headgear requirements - Owner duty - Penalty for violation

1. A person under the age of 18 may not operate or ride on all-terrain type I vehicles, snowmobiles, or motorcycles on public land unless the person is wearing a properly fitted and fastened, United States Department of Transportation safety-rated protective headgear designed for motorized vehicle use.

2. The owner of an off-highway vehicle or any other person may not give permission to a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of this section.

3. An operator and passengers of off-highway implements of husbandry operated in the manner prescribed by Subsections 41-22-5.5(3) and (4) are exempt from the requirements of this section.

4. Any person convicted of violations of this section is guilty of an infraction and shall be fined not more than $50 per offense.

If you have been injured in an ATV accident that you feel was caused by the negligence or recklessness of another, we urge you to contact a skilled Utah personal injury attorney. The attorneys at the Christensen Law Firm can help you through this difficult process. Call us to schedule a FREE no obligation consultation with one of our skilled attorneys to discuss your specific legal rights.

After a spring of consistent rainstorms, the summer sun is finally here and Utah is seeing an increase in outdoor recreation. Utah is the home of many outdoor motorcycle and ATV recreation areas, from the Salt Flats to the red rocks of Moab. However, with the summer fun comes the risk of serious injury. An article from TheSpectrum.com offers some safety tips for off-road enthusiasts. Of course, helmets are strongly recommended. Children under the age of 18 must wear a helmet according to Utah State law. While adults are not required to wear one, we strongly recommend the use of helmets to avoid serious Utah traumatic brain injury or fatalities. Recreational vehicles can be difficult to handle, so avoid riding too fast and taking sharp turns, as this can quickly lead to rollovers.

In the event of an accident, it is important to properly assess the situation. Some injuries may not require hospitalization and can be treated from home. However, if you are unsure of the magnitude of the injury, it is best to call 911. Symptoms to look for when you are assessing an injury include pains in the chest, abdomen or head; incessant bleeding; loss of consciousness or confusion, and difficulties breathing. If any of these symptoms occur, it is best to call an ambulance.

Many Utah off-road motorcycle and ATV accidents occur in rural locations, far from the hospital. Beginning in 2010, Southern Utah will have access to a Life Flight helicopter to help transport and treat severely injured victims. Life Flight helicopters make transportation to hospitals much quicker and are equipped with the latest medical technology, offering life-saving services to Utah accident victims.

Now that summer is here, the Utah injury lawyers at the Christensen Law Firm encourage you to be safe and to have fun!

According to CNN News, a passenger plane slid off the runway and caught fire at Denver International Airport December 20, 2008. Thankfully, all 115 passengers escaped the plane without any fatalities. Several dozen people were taken to the hospital, however, and one person is reported to be in serious condition.

According to firefighters at the scene, the Boeining 737 slid about 200 yards off the runway. The plane’s wheels had been sheared off and its entire right side was in flames. Miraculously, none of the injured passengers were burned, but some suffered bone fractures.

Investigation is now underway as to the cause of this airplane accident. The cockpit voice recorder and flight data recorder have been sent to Washington for review. While weather may have played a factor in the accident, investigators will be interviewing passengers and crew members as they evaluate what exactly happened.

A KSL News article reported that an 11-year-old Ephraim girl was killed Monday in an ATV accident. The girl was riding as a passenger on a Rhino ATV that flipped onto its side, pinning the girl underneath. She was taken to Sanpete Valley Hospital where she was pronounced dead.

This is a tragic accident and I give my deepest condolences to the girl’s family.

Since this young girl was a passenger, she did not contribute to the accident, but many will ask "how could this happen?" Hopefully, this questions will be answered by the police investigation. However, sometimes they remain open to speculation even after the police investigation is complete. The family might find it beneficial to contact an experienced personal injury attorney to further investigate the accident independent of the authorities and to answer any questions they might have. If the accident was the result of driver error, then the family would have a claim against the driver’s estate, which is probably covered by insurance. Assuming the driver was insured, the family would then have a tough choice – do they go after the insurance money that the insurance company is legally obligated to pay or do they let the insurance company keep it? If the accident was the result of a defect in the ATV then the manufacturer can be held responsible.