Friday, May 1, 2020

ATV Accident Lawyer Provo Utah

ATV Accident Lawyer Provo Utah

Just an hour south of Salt Lake City on Interstate 15 there is a section of the state called Utah Valley. Although the Ute Indians anciently inhabited this area, today the valley is home to Provo, Utah’s second largest city. To the west of Provo lies Utah Lake and to the east of the city stand a towering range of mountains called the Wasatch Front. The history of Provo is an interesting page in the history of the Beehive State. Visitors who come to Provo will find several historic sites.

These historic sites are cultural resources worthy of preservation as landmarks of the community. Utah Valley was the traditional home of the Ute Indians. This people were known also as the Yutan Indians, or the Utah Indians. Looking at the names of the native people of the state, it becomes obvious from whence Utah got its name. These Indians called Utah Valley home because Utah Lake was full of fish that kept the tribe fed and they were protected from bellicose groups of Indians that lived to the Northeast. The Wasatch Front acted as a natural barrier to the enemies of the Ute Indians. They kept an excellent written record of their journey and the places that they visited. This group came from Santa Fe, New Mexico along a route that was called The Old Spanish Trail. They came to this area to meet with the Ute Indians. They had been doing business with the Ute’s for some time. In their written record, the Franciscan monks recorded that they were so impressed with the beautiful, green valley that they made plans to set up a settlement in Utah Valley as soon as possible. However, there was a retrenchment in Spanish new-world colonization; this kept the Franciscans from setting up their settlement in Utah Valley. All that remains of their visits to the area are their written records. Utah County Courthouse Caucasian fur trappers were familiar with central Utah and specifically Utah Valley. They frequented the area through the nineteenth and early twentieth century. In fact, the city Provo was given its name in honor of an early trapper, Etienne Provost. Provost was a well-known fur trader and explorer from Quebec. In historical documents his name is recorded in different ways. He is mentioned under the name Provost, Proveau, and Provo. All three are variations of the same name. Provost was a well-known and respected mountain man. Many records have him recorded as the first white man to go far enough norths to see the Great Salt Lake. He established a trading post on the shores of Utah Lake. The Provo River and the city of Provo were both named after this man. Provo was settling by Mormons (members of the Church of Jesus Christ of Latter Day Saints) in 1849.

It was the first Mormon colony in Utah outside of the Salt Lake Valley. The Mormon settlers had problems with the Indians that lived in the area. The Ute Indians were very aggressive toward groups of people who tried to move in and take over their land. The new settlers built the town into a defensive fort called Fort Utah. It was built as a stockade with exterior walls that were fourteen feet high. They had to live in a manner that was close to a state of war from the time that the settlers first came to Provo. Peace came slowly between the Mormons and the Ute Indians, but after the first year, the settlers had to set up homes outside of Fort Utah and make Provo a more comfortable city in which they could live. Provo was built up quickly as many members of the Mormon Church moved there from different parts of the world. They set up farms and industrial centers. Provo soon became known as the “Garden City” because of its extensive fruit orchards, trees, and gardens. In the late 1860s, industrialization began with the creation of The Provo Woolen Mills. In the 1920s, the Ironton Steel Mill was established, and later the much larger Geneva Steel Plant was built in the city. These industries were a success. Provo quickly became the second largest city in Utah. The Brigham Young Academy was founded in Provo in 1875. This school grew into what is now Brigham Young University (BYU). It is the largest church-affiliated university in the United States. BYU’s students quickly outgrew the Brigham Young Academy Building, and the campus moved to its present location. The Academy today stands restored in its original location, but now as a beautiful public city library. In 1919 the citizens of Utah County and of Provo City voted bonds for the erection of a new joint building. The cornerstone was laid December 14, 1920. On December 15, 1926, the building was dedicated with prayer, speeches and music. Although most Utah buildings carry very little sculpture of any kind, the Utah County Building pediment is decorated with sculpture designed by the architect and sculpted by Joseph Conradi. The Utah County Building, formerly known as the Provo City and County Building, is located in the center of town at the intersection of University Avenue and Center Street. The building has octagonal towers at each of its four corners. When it was first constructed, it had a central tower rising 147 feet into the air from the roof. Unfortunately, the roof was not able to support the weight of the central tower; the building was partly condemned in 1918 because the roof was under such great stress. The Tabernacle was renovated at this time, but the tower was allowed to stay until 1949 when the building was again condemned for the same problem. The weight of the tower was causing the roof to sag. At that time, a local carpenter and contractor named Charles Miller designed a method to remove the central tower. He was hired and completed the project in 1950. The renovated tabernacle is located on University Avenue between Center Street and First South. It is used for church meetings and cultural events, such as staging Handel’s Messiah each year at Christmas Time.

Insurance Coverage for Accidents On Land You Own

According to Black’s Law Dictionary, the “insured premise,” as defined within insurance policies, typically refers to the parcel of land or structure and the surrounding area that is listed within an insurance policy. For homeowner’s insurance, the insured premise is the land specified in the deed. Because homeowner’s insurance policies cover accidents that occur on the insured premise, as defined by the policy, an ATV accident on the premise will be covered under a homeowner’s insurance policy. However, you should check your homeowner’s insurance policy to see if the policy covers all accidents or accidents caused by “the insured” or the “insured family members.” At least one court determined this exception barred non-related individuals from being covered under by the homeowner’s insurance policy for an accident that occurred on the insured premise.
Insurance Coverage For Accidents On Land You Don’t Own
A standard homeowner’s insurance policy provides some liability coverage for the insured of the policy when an accident does not occur on the insured premise, however, there are exceptions. One exception comes from the phrase arises out of the premise. When the injury occurs off the premise, the critical question for the courts becomes: what caused the accident? For example, if you are riding an ATV in your neighbor’s field with permission and you drive over a large hole, which causes the ATV to flip over resulting in personal injury, law have ruled this accident “arises out of the premise” and your homeowner’s insurance could deny you coverage. However, the same courts have ruled that the phrase “arises out on the premise” does not apply to accidents involving negligence. For example, if your neighbor and you are riding ATVs in your neighbor’s field and your neighbor drives too close and hits your ATV, which causes the ATV to flip over resulting in personal injury, Law have ruled this accident does not “arises out of the premise” and your homeowner’s insurance would provide coverage. The courts distinguish the two incidents by defining the phrase “arises out on the premise” as requiring the land be “casually related to the occurrence.” Meaning, if the land is defective, and you do not own the land, then your homeowner’s insurance will not cover the accident.

What Permission Do You Need to Ride an ATV on Someone’s Land?

ATV accidents occur regularly throughout the United States, many of them leaving riders with severe and often life-changing injuries. These consequences can frequently be caused due to a defect in the land that ATV is being driven on. But let’s face it: sometimes people ride ATVs on property when they don’t have permission to do so. What does this mean for the injured person? The law looks at these injuries differently depending on whether permission was given, whether the property owner knew the ATV rider was on the property, and other situations. When a person is invited to use personal property to ride an ATV, that person is considered an “invitee.” This is most common on ATV courses, where people pay money to ride on the course. In a situation like this, the property owner is responsible for making sure there are no defects in the property, like holes or ditches that aren’t clearly marked, or making the rider aware of any potentially dangerous areas that they should avoid. A licensee has permission to use a landowner’s property for his own convenience, curiosity or entertainment. There is usually no business transaction, simply permission granted by the owner to ride on the land. The important detail here is that the landowner is aware that the ATV riders are using their land and allow them to do so. When a landowner gives permission to a licensee to use the land, they become responsible for any defects in the land that could cause an accident. If they allow a licensee to use their land knowing that there are defects that can cause accidents, like large holes in the ground, they may be responsible for damages. If an ATV rider is riding on someone else’s property, and the landowner doesn’t know they’re on the property, then the ATV rider is considered a trespasser. Whether or not a landowner knows the person is riding there is very important. If a landowner knows people are on the property without permission, they’re still responsible for taking care of the defects or at least making the riders aware of them. Trespassers are responsible for any accidents or injuries caused by land defects. This is because the owner isn’t aware of their presence, and never gave them permission to use the land. When a landowner isn’t aware, they aren’t able to properly take care of or warn about any land defects.

ATV Accident Scenarios

One of the most likely scenarios is for a rider to unknowingly cross a property line, and then perhaps hit a stump from a freshly cut tree. For the average citizen, it’s difficult to assess just who is responsible for that accident. Although you may not have permission to be on the land, there may not be clear markers to let you know. The existence of the stump may have left the area unsafe as far as the court is concerned. Because there is no external protection on some ATVs and only limited external protection on others, there is every potential to develop long-term issues as a result of an accident on an ATV. This is especially true if you weren’t wearing safety gear or your safety gear wasn’t able to cover some vulnerable areas, like your vertebrae. Again, it’s difficult for the average citizen to assess who is responsible for such injuries, much less enforce that responsibility. Short-term injuries don’t sound threatening because they may not last as long as other injuries. At the same time, they may cause you to miss work, and can limit your day-to-day responsibilities. It’s important that you don’t have to risk losing anything if you aren’t the one ultimately responsible for the injury in the first place. For some people, losing a day’s pay doesn’t mean a lot, but for the majority of the country, it could mean the loss of services or even healthcare. This is not even including medical bills and the cost of other expenses necessary in getting you back on your feet.

Provo Utah ATV Accident Lawyer

When you need help with an ATV Accident in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/atv-accident-lawyer-provo-utah/

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