Impaired UTV Accidents with Passenger Injuries in Idaho

May 22, 2020

More and more people are using UTVs to ride on public streets, and in Idaho, the law allows limited use of UTV’s so long as the vehicle has brake lights, headlights, horn, and mirror and is licensed for road use. Roads with speed limits of higher than 45 are prohibited, many roads are off-limits because of local jurisdictions’ rules.

One of the requirements to ride on the streets (where it’s allowed) is to have liability insurance which usually means a separate policy for a UTV as they typically aren’t covered in a standard automobile policy.

Sometimes the injured victims are riding in the UTV with an Impaired driver, and then the injured are left wondering if they are going to be compensated for their injuries.

Impaired UTV Driver Injures Two Passengers in Post Falls

The Kootenai County Sheriff’s Deputies arrested a man for impaired driving when the UTV he was operating crashed injuring two passengers. A deputy at the scene said that the driver lost control of the vehicle and it rolled over ejecting an adult in the bed of the UTV and pinning a juvenile girl under the UTV.

The accident happened on Saturday evening, May 16, 2020, in the area of S. Signal Rd and S. Mariah Rd. Both passengers were transported to a local hospital with serious injuries. The driver was not injured and he was transported to the county jail.

UTV Impaired Driver Liability

If you have been injured by a UTV driver, you might want to know if you are going to be compensated. The question has several issues that need to be addressed before an answer can be made. First, since most people will rely on insurance to pay for the injuries they cause others, compensation usually has to come from an insurance policy.

Most auto insurance policies don’t have UTV or ATV coverage, and in some areas, those vehicles are expressly excluded. In 2009, Idaho passed a UTV/ATV insurance law that requires all UTV and ATV operators to have insurance, so hopefully, the driver has the required insurance.

The other issue is whether passengers in the UTV or ATV are covered if the driver is responsible for the damages. Idaho law requires that anyone who causes another’s injury due to negligence is required to pay them compensation, and this is regardless if the injured people were passengers in the same vehicle.

The last issue is whether the coverage applies when the driver is impaired. The law doesn’t exclude coverage for impaired driving, so if the driver is impaired, he or she will still have to answer for their criminal charges, but if they injure someone, then their insurance will cover the damages.

What to Do if You’ve Been Injured in an ATV or UTV Crash

If you are injured—whether as a passenger, pedestrian, or in another vehicle—you owe it to yourself to talk to an attorney about your injuries. The insurance company will tell you all sorts of things to make you believe that there is no responsibility for their insured driver or that you might even bear some blame. Don’t listen to them and get some advice from a professional who is on your side.

Contact a Coeur d’Alene Accident Lawyer.

Established in Spokane in 1948, Crary, Clark, Domanico, & Chuang, P.S. is licensed and practices in both Washington and Idaho. We are committed to providing our clients with the absolute highest quality legal representation. If our Coeur d’Alene Car Accident Lawyers represent you for your accident case, you have our assurance that we will use our absolute best efforts to win your case. Contact us after any accident resulting in a serious injury for a free, confidential consultation and case evaluation. We will only offer you advice which is in your best interest.

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