ATV v. Truck Collision Involving Employee in the Course and Scope of Employment

Fowler | Helsel | Vogt secured a life-changing settlement for our 20 year-old client in the amount of $2,600,000. Our client sustained major injuries when a pick-up truck collided with the ATV he was riding while irrigating grape vineyards. The investigating officer concluded that our client was entirely at fault for the crash, claiming that he “darted out” of the vineyard on his ATV.

Facts of the Case

At approximately 8:20 a.m., on a rural highway surrounded by grape vineyards, Defendant collided with our client on his work ATV. The front left of the truck struck the rear right of the ATV. Our client was ejected from the ATV and continued to travel uncontrollably until his body (and the ATV) came to rest over 100 feet from the point of the collision.

Treatment

Our client was transported to the hospital with life-threatening injuries, including multiple leg fractures, internal bleeding, and a lacerated liver. He incurred significant medical bills and was unable to work for over a year following the crash. Initial medical treatment ignored the traumatic brain injury our client suffered as a result of the crash, but FHV was able to refer our client to brain injury experts for diagnoses and treatment of his TBI.

Legal Strategy

FHV faced an uphill legal battle because the investigating officer placed our client entirely at fault. Defendant told the officer that he was travelling the speed limit at the time of the crash and was not using his cell phone. After conducting a electronic data recorder download of Defendant’s vehicle, FHV discovered that Defendant was travelling 15 mph over the speed limit at the time of the crash and never applied his brakes before impact (evidencing use of his cell phone).

Settlement Terms

Defendant’s settlement offer was initially $0. Fowler | Helsel | Vogt, through litigation, investigation, and its experts, ultimately obtained a settlement offer of $2,600,000.

Conclusion

The truth in this case would have been buried and lost but for Fowler | Helsel | Vogt not accepting the investigating officer’s conclusions of fault. FHV knows that the key to liability decisions in motor vehicle collisions can often lie in the electronic data recorder installed on most vehicles. Challenging Defendants at their word and engaging in an early investigation of the vehicles involved, the scene of the collision, and the parties to the crash, can make or break a case. Our legal team knows that our clients can never be fully compensated when liability decisions are wrong.