Can a Passenger on an ATV Bring a Personal Injury Claim Against the Driver of the ATV?
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Can a Passenger on an ATV Bring a Personal Injury Claim Against the Driver of the ATV?

by | Jan 11, 2021 | Firm News |

Can a Passenger on an ATV Bring a Personal Injury Claim Against the Driver of the ATV? The answer is yes. Whether you are a passenger on an ATV, snowmobile, car, truck, boat or tractor trailer you have a claim if the operator of the ATV, snowmobile, car, truck, boat or tractor trailer was negligent. In the recent case summarized below the passenger has a claim against the driver of the ATV.

January 8, 2021
New Haven Barracks/ Motor Vehicle Crash
STATE OF VERMONT
DEPARTMENT OF PUBLIC SAFETY
VERMONT STATE POLICE

NEWS RELEASE
MOTOR VEHICLE CRASH

CASE#: 21B500049
RANK/TROOPER FULL NAME: Tpr. Sean Hauter
STATION: New Haven
CONTACT#: (802) 388-4919

DATE/TIME: 01/08/21, 1757 hours
STREET: S 116 Rd
TOWN: Bristol
LANDMARK AND/OR CROSS STREETS: Notch Rd
INTERSTATE MILE MARKER: N/A
WEATHER: Clear
ROAD CONDITIONS: Dry

VEHICLE #1
OPERATOR: (Juvenile)
AGE: 18
SEAT BELT? N/A
CITY, STATE OF RESIDENCE: N/A

VEHICLE YEAR: Unknown
VEHICLE MAKE: Arctic Cat
VEHICLE MODEL: ATV
DAMAGE TO VEHICLE #1: Rear contact damage
INJURIES: None
HOSPITAL: N/A

PASSENGER: (Juvenile)
AGE: 17
SEAT BELT? N/A
CITY, STATE OF RESIDENCE: N/A
INJURIES: Lacerations to head, possible concussion
HOSPITAL: Porter Hospital

VEHICLE #2
OPERATOR: Erica Emilio
AGE: 38
SEAT BELT? Y
CITY, STATE OF RESIDENCE: Middlebury, VT

VEHICLE YEAR: 2019
VEHICLE MAKE: Toyota
VEHICLE MODEL: RAV4
DAMAGE TO VEHICLE #2: Front contact damage
INJURIES: None
HOSPITAL: N/A

SUMMARY OF CRASH:

On 01/08/21 at approximately 1757 hours, Troopers responded to a single car vs. single ATV crash in the intersection of S 116 Rd and Notch Rd in the Town of Bristol. Preliminary investigation indicates Erica Emilio (38) of Middlebury, VT was traveling south on S 116 Road. At that time, an unregistered ATV occupied by two juveniles was traveling south at a slow speed ahead of Emilio. The ATV was not properly equipped with working lights, making it impossible for Emilio to avoid it in time.

The passenger of the ATV was transported to Porter Hospital to be treated for head lacerations and a possible concussion. No other injuries were sustained.

Troopers were assisted on scene by the Bristol Police Department, Middlebury Police Department, Bristol Fire and Bristol Rescue Squad.

Vermont Civil Violation Complaint: (Pending)
LODGED – LOCATION: N/A
BAIL: N/A
MUG SHOT: N
COURT ACTION: N
COURT: N/A
COURT DATE/TIME: N/A

*Please note: court date and time are subject to change at the discretion of the court. Please call the criminal court clerk to confirm arraignment time.

at 1/08/2021 08:29:00 PM
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