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.