James R. Balmforth: Wrongful Death

Because I am a Wrongful Death Lawyer in Utah, I pay attention to what is going on in the legal community. For example, two Arizona families are suing Polaris on wrongful death charges after two women died in an ATV accident in Moab Utah, a popular off-roading location a few hours southeast of Salt Lake City. The ATV, a Ranger 800 model, caught fire and burned the two women to death after it tipped over. The sheriff’s investigators determined the cause of the fire to be a broken fuel neck that hit the ground and broke when the ATV tipped.

WRONGFUL DEATH SUIT FILED AGAINST POLARIS AFTER FIERY DOUBLE FATALITY

The attorney said that 28-year-old Destiny Dixon and 51-year-old Debbie Swann were burned to death before they could remove their seatbelts. “Right before [friends] could get there, it burst into flames and there was nothing they could do. Everybody who was with Debbie and Destiny had to watch them burn to death,” he said in a statement.

The plaintiffs’ lawyer has filed three lawsuits against Polaris for problems with their ATVs. The other two lawsuits involved people who were also burned but survived.

Polaris has been issuing recalls on their vehicles. About 51,000 vehicles have been recalled because of a heat shield that can fall off and cause fires, which led to 13 reported incidents and five reported fires. Another recall was for 3,800 ATVs that have a problem with their electronic power steering that can be a crash hazard.

Polaris responded to the wrongful death charges with a statement that the “investigation and all available information confirms that the accident was not caused by any defect… The accident in this case took place in an area commonly referred to as Tip-Over Challenge, a highly technical and extreme riding area.”

The lawyer’s firm has a separate page dedicated to Polaris vehicle files that includes links to several recent recalls of their ATVs. This wrongful death suit is filed in Minnesota, the location of Polaris’ headquarters.

CAR INSURANCE 101: DOES YOUR INSURANCE COVER OTHER DRIVERS?

You’ve been a diligent driver. Your car is registered in beautiful South Jordan, Utah and your car insurance has you fully covered if you’re ever in an auto accident. But what happens if your car is in an accident and you’re not the driver? What do you do if your cousin Bianca wrecks your car? Before you call your lawyer, here are a few guidelines on how insurance coverage works with other drivers.

INSURANCE FOLLOWS THE CAR, NOT THE DRIVER

Technically, you’re not insured — your car is. When filling out your insurance information, you are asked who is an eligible driver in your household. With a few exceptions, everyone you put down is covered as a driver for your car; however, this only applies if you have them on the insurance. If your son turns 16 and gets his driver’s license, as is the legal age in South Jordan, a lawyer will tell you to get him added on to your insurance immediately. Nothing makes an auto accident worse than if everyone walks away and you find out your insurance won’t cover it.

OUTSIDE FRIENDS AND FAMILY

If the person driving your car is not part of your household, don’t call your lawyer yet. In this case, the insurance still applies to the car with the alternate driver’s insurance acting as a supplement. Say your best friend needs to borrow your four-door to haul the new table she just picked up; if an auto accident happens, first your insurance steps in and covers the damage up to your deductible, then if there’s any left over her insurance takes over and covers the rest. It can be complicated, but its best to assume that if the other party has car insurance everything will work out fine.

A BORROWED OR STOLEN CAR

In the rare case that your car is stolen off the streets of St. George, you are not liable for any damage to property or other vehicles. Your car insurance will have to cover any damage to your vehicle. If a friend or family member not on your insurance borrows the car without your permission, then any damage is on their coverage — and yours will fill in the gaps. A warning though — if you neglect a driver from your insurance that lives inside your home and he does not have his own insurance, you will be held liable for all damages in an auto accident. That’s the time to call your lawyer, as well as find some other living arrangements. Herriman has plenty of places for people who wreck other people’s cars without insurance.