James R. Balmforth: ATV Accident Lawyer Tooele Utah

Over 30,000 people reside in our community and we are prepared to meet the challenges of the of the future. Tooele City, a Utah community, is nestled at the foothills of the Oquirrh Mountains. It is located about 35 miles southwest of Salt Lake City. Even though the origin of the name “Tooele” has been disputed for decades, everyone agrees that we have a rich, colorful history. Four significant eras capsulize the rich history of Tooele City: Tooele was primarily an agricultural community and grew to a population of about 1,200 at the turn of the century. Many of the prominent families who settled Tooele have descendants living in the area. Like their ancestors, these families play an integral role in building our community. Tooele transformed into an industrialized city during the first half of the 20th century and the population increased to 5,000 people by 1930. The transformation was boosted by the construction of railroads and the opening of the International Smelting and Refining Company, east of Tooele. The Tooele Valley Railroad, a seven mile line, ran from the smelter west to the Union Pacific Railroad main line.

In the eastern section of Tooele, “New Town” was built for many of the 1,000 smelter workers. Families from the Balkans, Italy, Greece, and Asia Minor lived in this area and formed their own community. New Town included its own school, church, culture and numerous languages. Outbreak of World War II brought the establishment of military bases in the area that strengthened the nation’s defense, boosted the local economy, and created a dramatic change in Tooele’s history. Following the attack on Pearl Harbor, a 25,000-acre tract southwest of Tooele was selected as a site where the Tooele Ordnance Depot was built in 1942. A storage depot for chemical weapons was also constructed 20 miles south of Tooele City. These weapons are now being destroyed by incineration at the Deseret Chemical Depot. Tooele’s heritage was further enriched in the 1950s and 1960s as many Hispanic families moved to the area to support the expanding mission of the depot. Men and women of Tooele played vital roles in supporting the soldiers in the field during World War II, the Korean Conflict, Vietnam War, and the Persian Gulf War. The name of the depot has changed from Tooele Ordnance Depot to Tooele Army Depot and most recently TEAD. In 1993, at the end of the Cold War, the depot was designated for “base re-alignment” by the Department of Defense. The TEAD workforce that once reached as many as 5,000 employees has been reduced to about 400 workers today. About 1,700 acres of depot property was annexed into the city. The Army conveyed 40 acres and its multi-million dollar Consolidated Maintenance Facility to Tooele City in 1996.

This building was then sold to Penske Realty of Utah and Detroit Diesel opened a re-manufacturing plant that currently employs about 400 people. In December of 1998, over 1,600 acres of industrial property and buildings were conveyed to Tooele City. The parcel was sold to a developer the Utah Industrial Depot was formed. In 1999, the Utah Industrial Depot attracted 168 new jobs. The Utah Industrial Depot was sold to the Ninigret Group in 2013 and renamed Ninigret Depot. The Ninigret Depot is a premier business park in northern Utah for industry and commerce and is in the process of attracting new private businesses to the area. Tooele, Utah’s estimated population is 35,251 according to the most recent United States census estimates. Tooele, Utah is the 24th largest city in Utah based on official 2017 estimates from the US Census Bureau. The population density is 1463.15 people/mi² (564.92 people/km²). Based on data from the American Community Survey, in 2017 there were 11,314 households in the city, with an average size of 3.09 people per household. Utah and off-roading are practically synonymous. Featuring over 2,800 miles of public land designed for off-roading, there is so much to explore in this state. From Bryce Canyon to Moab, there are plenty of incredible places to discover.

While Utah is an ATV-friendly state, you should still ensure that you understand all of the rules and regulations. Here’s what you need to know. There are 2,800 miles of off-roading trails in Utah. The public lands open to ATV range from state parks to Bureau of Land Management areas. Visit the Utah DNR website for all of the details about where to ride, which includes everything from Gemini Bridges to Casto Canyon to Utah Rims. Wind, water and time have sculptured Tooele County, Utah’s 7,000 square miles into high mountains, deep canyons, broad valleys and endless deserts. Across this vast and geologically diverse terrain are miles of multi-purpose trails that offer exciting and crowd-free adventure for hiking, horseback riding, mountain biking, road cycling and ATV rides. The Tooele County Trails Committee, under the auspices of the Tooele County Commission and the Tooele County Department of Parks and Recreation, has created this website to inform the outdoor enthusiast about eastern Tooele County’s best multi-purpose trails and road cycling routes. The 20 trails and routes on this site represent only a fraction of the available areas in eastern Tooele County. They are listed here because the Tooele County Trails Committee has inventoried each one, determined GPS waypoints, and has installed and maintains trail signage. The trails are also officially recognized by Tooele County as open for the public’s enjoyment. This website is a work-in-progress. As other trails are inventoried, they will be added. A hard copy map of this website is also available and can be found at brochure racks.

ATV Trail Etiquette

Most of the trails featured in this publication are multiple-use, which means users may encounter hikers, horseback riders, mountain bikers or ATV Riders at any time. To ensure a safe and enjoyable experience for all, please follow these trail etiquette guidelines that have been developed and used by other trail organizations across the U.S. for years.

• Because horses can be easily frightened, hikers, mountain bikers and ATV riders must yield to horseback riders at all times. To properly yield for horseback riders on a narrow trail, stop and move downhill off the trail. A horse in panic will typically run uphill.

• ATV riders are required to yield to all uphill traffic—not just for horses. ATV riders that meet hikers and mountain bikers coming from the opposite direction, must slow down, pull over, and yield the right-of-way. ATV riders that meet horseback riders coming from the opposite direction are required to stop, turn off their engines, remove their helmets to lessen the horse/s anxiety, and not make any sudden movements.

• Mountain bikers are required to yield to all hikers and horseback riders, and except for ATV riders, yield to all uphill traffic. That means mountain bikers who are descending a trail must yield if they see a hiker, horseback rider or another mountain biker coming up the trail. ATV riders climbing a trail are required to stop and yield to all descending hikers, mountain bikers and horseback riders.

• Hikers descending a trail yield only to other hikers or horseback riders coming up the trail. When hiking in a group, yield to single or pair hikers. Also when hiking in a group, hike in single file.

• ATV riders yield to all hikers, bikers and horses. Bikers yield to all hikers and horses. And hikers yield only for horses, and hikers moving uphill.

• Always be friendly, courteous and respectful to other trail users.

• Regardless of your mode of travel, don’t hike or ride on muddy trails.

• Many of the trails listed on this website have livestock gates. Users are asked to always leave the gate as they found it. But when in doubt, close the gate.

Does homeowners insurance cover theft?

Theft of any kind can be devastating for homeowners. Your home contains not only items with monetary value, but also items with emotional value for you and your family. That’s why having the right homeowners insurance policy is crucial in the unfortunate event of a break-in. If you have just experienced a theft or break-in, contact the police right away to file a report. Then, file a claim with your insurance company as soon as possible.

Does homeowners insurance cover theft from a home?

Typical homeowners (including renters and condominium) policies include coverage for your personal property. Loss due to theft is generally included as part of the personal property protection. This means that if an intruder breaks in and steals valuables from your home or detached structures, your home insurance should cover it. Most policies also include coverage for your property while it is away from the home, subject to limitations. However, the personal property limits are initially set as a percentage of your dwelling coverage, which determines how much your insurance provider can reimburse you for the theft. It’s important to set realistic limits based on the value of the items in your home so you don’t end up with a significant loss. In addition to our standard homeowners’ policy, Nationwide offers optional coverages, like Brand New Belongings, which pays to repair or replace your covered belongings without deduction for depreciation, regardless of age or condition, to provide you with extra protection in the event of theft.

Does homeowners insurance cover ATV theft?

No, your homeowner’s policy would not cover this. Comprehensive coverage, which is an optional coverage on your auto insurance policy, will cover this loss.

Does homeowners insurance cover theft from an ATV?

Comprehensive insurance will cover costs to the ATV resulting from a break-in, including vehicle repairs. Audio equipment that is permanently installed in your ATV is also covered. As for other valuables stolen from your ATV, your home, condominium insurance or renters’ policy may cover your loss. You should maintain adequate proof of ownership, such as a receipt. Your home, condominium or renters policy deductible will apply to any covered loss and any payments are not made until the deductible is met.

Do I need insurance for my ATV?

Yes.

• State laws differ, but generally speaking, you must have insurance on your ATV if you ride anywhere besides private land
• 4-wheelers are NOT fully covered under your homeowner’s insurance plan
• There is a wide range of options to choose from when picking your ATV insurance plan
• If you race ATVs or use them in business ventures, you need a special type of insurance plan
Here are the types of coverage you may want to consider when buying a 4-wheeler:
• Bodily Injury and Property Damage Liability: This will cover the cost incurred with damaging property or injuring a person.
• Comprehensive & Collision Coverage: This coverage will protect you in the event that your 4-wheeler gets into an accident with another object or vehicle. It takes care of any non-vehicular incidents that caused damage to your 4-wheeler – fire, theft, vandalism, and collision with an animal.
• Medical Payments Cover: This is a good type of cover to have because it provides compensation for the medical services given to you after being hurt in a 4-wheeler accident, regardless of who is at fault.
• Uninsured/Underinsured Motorist Coverage: Again, like car insurance, if you have the unfortunate fate to get into a terrible accident where the other motorist either has minimum coverage or no insurance coverage at all, this type of cover provides you peace of mind that you are covered.
• Accessory and/or Safety Apparel Coverage: This protects all electronic equipment and gadgets as well as upgrades installed in your 4-wheeler apart from the factory-installed ones. Also, trailer, covers, helmets, and other safety apparel or accessories related to your 4-wheeler would be covered.

If you race 4-wheelers or ATVs you will need to find a plan that specializes in this sort of use. Due to the added danger and risk associated with racing ATVs, you need to let your insurance agent know about your endeavors in order to receive the proper insurance product. In many states, if you use your 4-wheeler for commercial use, you will need to get commercial coverage that takes these factors into consideration. Regular ATV insurance will not be satisfactory if you give tours, lease out 4-wheelers, or use your ATV for any business endeavor.

ATV Accident Liability

All-terrain vehicles, also known as ATVs, are kinds of vehicles that be driven through all kinds of terrains and surfaces. ATVs, although fun, have a higher center of gravity and a narrow wheel base that creates a high risk of rolling over, even on flat surfaces. This makes the chances of personal injury very high and approximately 75 percent of ATV accidents cause serious long-term damage to the head or spinal cord. Other injuries could include broken bones, crushed limbs and lacerations. In many states, not only is there no minimum age law to ride ATVs, there are no safety helmet laws either. Safety is really important when it comes to having fun on ATVs, but accidents do happen. An ATV accident is one that results in property damage, injury or death. These accidents can occur for many reasons, but with the risk of driving an ATV, most cases are due to the improper handling of the vehicle from the driver. Victims of ATV accidents cannot collect compensation unless they prove the accident occurred through negligence. To show an accident was due to someone else’s negligence, the incident must fall under at least one of the following criteria:
• Caused harm to the victim
• Caused by another’s carelessness
• Was the fault of another
Comparative negligence could be a factor if there is more than one person that could be at fault for the accident. In other words, the liability is placed on the person who more than likely caused the incident. If the accident occurred due to a faulty part in the ATV, this could be a case for product liability. Manufacturers and sellers are responsible if they sell a defective product. On the other hand, if one utilizes an ATV for recreational use at an outfitter, the land owners must take precautions to carefully mark land boundaries. These markers should be clearly visible. Unmarked wire and rope boundaries could be fatal to people riding ATVs. If an accident has occurred and there are damages to the ATV, the driver may be responsible for reimbursing the ATV outfitter for the cost of the ATV at its current market value.

Tooele Utah ATV Accident Lawyer Free Consultation

When you need legal help from a Tooele Utah ATV accident and injury lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.