$4.9 Million Recovered After UTV Rollover Results in Arm Amputation
$4.9 Million Recovered After UTV Rollover Results in Arm Amputation
In this case, our client was driving a utility terrain vehicle (UTV) on a local property, which was purchased to allow friends and family members of the owners to use for hunting, fishing, riding ATVs and UTVs, and other recreational activities.
While our client, who was only 12 years old at the time, was driving the UTV, he lost control of the vehicle, which caused it to flip, ejecting our client from the driver’s seat. The roof of the UTV landed on his left arm, which caused serious injuries that resulted in our client needing to have his arm amputated above the elbow.
Though our client was driving the UTV when it crashed, several factors established that the owners of the property and the UTV were liable. The UTV company’s website and operator’s manual require that drivers be 16 with a valid driver’s license to be able to operate the UTV. One of the property owners expressly allowed the minor to operate the UTV, even though he was only 12 and did not have a driver’s license. The owners of the property and the UTV also knew that our client and other children under the age of 16 operated UTVs on their property.
In addition to the property owners expressly permitting and acquiescing to the operation of UTVs by children under the age of 16, the UTVs also lacked essential safety features. None of the UTVs, including the one our client was operating at the time of his injuries, had any doors or cab nets. It is believed that the UTV involved in this case was sold with a cab net installed, but that it was removed by one of the property owners.
Attorney Darl Champion took on this case for our client, whose life will be forever impacted by the loss of his arm. We were able to investigate all potential defendants, liability theories, and identify all sources of insurance coverage.
Darl’s first step was to make a claim with all the potential defendants and their insurers. The potential defendants included the LLC that owned the property where our client was injured and the individual members of the LLC. One of the LLC members also owned the UTV individually and another is the one who entrusted the UTV to our client.
After making the claims, Darl was able to discover multiple insurance policies that applied to the accident. One of the insurance companies with $1,000,000 in coverage initially denied liability, and another insurer with $1.3 million in insurance initially stated that the injuries were not covered under the insurance policy.
Darl was able to show that all of the defendants were liable for our client’s injuries and that all the insurance policies provided coverage. The final result was a $4.9 million settlement for our client, which was every single dollar of all insurance policies that provided coverage for all potential defendants.
About The Champion Firm
If you or someone you know has experienced an injury as a result of someone else’s negligence, contact The Champion Firm today for a free case consultation. Our contingency fee structure means you only pay for our services if and when we win your case.