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Major Settlement Reached in Arizona ATV Injury Case

By: Scottsdale Injury Lawyers LLC January 15, 2025 no comments

Major Settlement Reached in Arizona ATV Injury Case

In a hard-fought legal battle, a confidential settlement nearing seven figures was reached in a case involving a devastating ATV injury in Arizona. The lawsuit, brought by the client, a young woman whose life was permanently altered by the incident, alleged claims against a desert ATV tour operator. Due to the relentless dedication and legal expertise of the Arizona personal injury attorneys at Scottsdale Injury Lawyers justice was secured for the client, ensuring she received the compensation she deserved after years of hardship and suffering.

The ATV Accident: A Moment That Changed Everything

In 2021, the client visited the ATV tour operator’s website and booked a guided ATV tour. The website advertised a three-hour scenic and historical desert ride led by highly trained and knowledgeable guides. Relying on these representations, the client paid for and anticipated a safe and informative experience.

An image showing the flat area where the client received brief instructions.

 

Upon arrival at the remote Arizona location, the client joined approximately 25 other customers. However, the tour began behind schedule due to disorganization, short staffing, and overselling. Not all customers were able to secure ATVs, and those left without were redirected to UTVs—until those too ran out. Employees informed the group that only the UTVs would have guided tours, while ATV riders would have to venture into the desert alone.

The client, along with others, was given only minimal instructions and a few minutes on a flat, unchallenging practice track before being handed a map and sent out unsupervised. She received no information about the terrain or potential hazards along the route. No refund, discount, or alternative was offered. The entire setup appeared to be a bait-and-switch operation.

Unbeknownst to riders, this switch had become standard operating procedure. During the case, it was revealed that the tour operator had changed its policies during the COVID-19 pandemic to allow walk-up bookings. With no control over the volume of riders and insufficient staffing, the company routinely sent customers on unguided tours to avoid refunds and negative online reviews. Customers like the client, expecting a guided and safe experience, were misled and put at risk.

While following the trail, the client encountered unexpectedly hazardous terrain. Her ATV rolled, pinning her left leg between the vehicle and a boulder. The result was immediate and excruciating trauma.

An example of the steep and difficult terrain the client actually encountered when she was riding.

A Devastating Injury and Grueling Medical Journey

The client sustained a Schatzker Type III left tibial plateau fracture—a serious injury impacting joint stability, knee alignment, and mobility. She underwent an open reduction and internal fixation surgery with synthetic bone graft augmentation.

Unfortunately, the pain and complications persisted. The following year, she required an intraarticular osteotomy of the tibial plateau to further stabilize the joint. A third surgery followed: a left knee arthroscopy with debridement chondroplasty and partial lateral meniscectomy.

After her first three surgeries failed, she met again with her surgeon to discuss a future femoral osteotomy and knee arthroscopy with possible hardware removal. If this surgery failed, her remaining option was a total knee replacement—something both she and her doctors were trying to avoid.

Alongside these surgeries, the client underwent continual physical therapy and other rehabilitative care, striving to recover function and manage her chronic pain.

An image of the client’s leg with surgical hardware installed.

Who She Was Before: A Life of Energy, Achievement, and Activity

The client, now 36 years old, is college-educated, industrious, and deeply driven. She was always an active individual and a lifetime athlete. In high school, she ran track and field, played basketball, and was a proud member of the pom squad. She also contributed intellectually as part of the Spanish club and debate team.

Her college years were filled with the same level of energy and involvement. She danced on a team that performed at sporting events and school functions, while also participating in the mathematics and psychology clubs. After college, physical fitness continued to be a cornerstone of her lifestyle. She exercised regularly and maintained a strong focus on her health and well-being. Simply put, fitness wasn’t just a hobby—it was a part of her identity.

The Damages: A Life Changed Forever

The client incurred over $200,000 in medical expenses. However, the true impact was far beyond financial.

She had lost the active, vibrant lifestyle she once enjoyed. She could no longer run, dance, bike, or participate in any high-impact activities. Even wearing high heels became impossible. Each day began with stiffness and discomfort in her left leg. Changes in the weather worsened the pain due to the hardware implanted in her knee.

She had battled depression, emotional trauma, and difficulty maintaining employment due to her frequent medical appointments and physical limitations.

An image showing the client’s surgical incision following the surgery with hardware.

The Legal Battle: Deception and Negligence Exposed

The renowned personal injury attorneys at Scottsdale Injury Lawyers methodically uncovered the negligence and deceptive practices of the ATV tour company. The company’s shift to walk-up bookings, without adequate staffing or oversight, directly led to customers being misled and placed in unsafe conditions.

The tour operator admitted that customers were often encouraged to ride without a guide. Former guides testified that groups of 50–100 riders would show up on weekends, far outpacing the available staff. When customers arrived expecting a guided tour, they were quickly redirected into self-guided excursions, with little to no warning about the risks.

the tour operator was placed in a position where it would need to settle the case or risk losing big at trial.

The company also failed to warn that previous riders had suffered serious injuries. Our personal injury attorneys argued that the liability waivers customers signed applied only to guided tours—tours which were never provided.

More Details About the Legal Claims Asserted In the ATV Injury Case 

All this was developed and accomplished through the effort put into the years long litigation. Ultimately, the tour operator was placed in a position where it would need to settle the case or risk losing big at trial.

The legal claims pursued included:

  • Negligence – for failing to provide proper guidance, safety warnings, and staff supervision.
  • Gross negligence – for knowingly placing customers at risk in an attempt to avoid financial loss.
  • Intentional misrepresentation – for marketing a guided tour experience and instead providing an unsupervised, high-risk environment without disclosure or consent.

A Confidential Settlement: Justice Delivered

Through exhaustive investigation, expert testimony, and determined advocacy, Scottsdale Injury Lawyers secured a confidential settlement close to seven figures. This resolution offers the client meaningful support for her continued recovery, medical needs, and future security.

Why Hire Scottsdale Injury Lawyers?

At Scottsdale Injury Lawyers we champion the rights of injury victims throughout Arizona. Whether you’re dealing with an unsafe business practice, a motor vehicle collision, or an ATV injury in Arizona, our team is here to fight for you.

This case showcases our unwavering dedication to exposing negligence, holding corporations accountable, and helping clients rebuild their lives.

If you or a loved one has suffered a serious injury, contact Scottsdale Injury Lawyers today for a free consultation. Let us fight for you.

An ATV similar to the one the client was injured on. 

 

About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously Ranked Top 35 US News & World Report).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.

Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.

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